Telehealth Modernization Act
This bill modifies requirements relating to coverage of telehealth services under Medicare.
Specifically, the bill extends certain flexibilities that were initially authorized during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019). Among other things, the bill allows (1) rural health clinics and federally qualified health centers to serve as the distant site (i.e., the location of the health care practitioner); (2) the home of a beneficiary to serve as the originating site (i.e., the location of the beneficiary) for all services (rather than for only certain services); and (3) all types of practitioners to furnish telehealth services, as determined by the Centers for Medicare & Medicaid Services.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1332 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1332
To amend title XVIII of the Social Security Act to make permanent
certain telehealth flexibilities under the Medicare program related to
the COVID-19 public health emergency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2021
Mr. Carter of Georgia (for himself, Ms. Blunt Rochester, Mr. Griffith,
Mr. Van Drew, Mr. Morelle, Mr. Kilmer, Mr. Pence, and Mr. Panetta)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to make permanent
certain telehealth flexibilities under the Medicare program related to
the COVID-19 public health emergency.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telehealth Modernization Act''.
SEC. 2. EXTENDING MEDICARE TELEHEALTH FLEXIBILITIES.
(a) Expanding Access to Telehealth Services.--
(1) In general.--Section 1834(m)(4)(C) of the Social
Security Act (42 U.S.C. 1395m(m)(4)(C)) is amended by adding at
the end the following new clause:
``(iii) Expanding access to telehealth
services.--With respect to telehealth services
furnished beginning on the first day after the
end of the emergency period described in
section 1135(g)(1)(B) of this clause, the term
`originating site' means any site at which the
eligible telehealth individual is located at
the time the service is furnished via a
telecommunications system, including the home
of an individual.''.
(2) Conforming amendments.--Such section is amended--
(A) in paragraph (2)(B)--
(i) in clause (i), in the matter preceding
subclause (I), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)''; and
(ii) by adding at the end the following new
clause:
``(iii) No facility fee for new sites.--
With respect to telehealth services furnished
on or after the date of enactment of this
clause, a facility fee shall only be paid under
this subparagraph to an originating site that
is described in paragraph (4)(C)(ii) (other
than subclause (X) of such paragraph).'';
(B) in paragraph (4)(C)--
(i) in clause (i), in the matter preceding
subclause (I), by inserting ``and clause
(iii)'' after ``and (7)''; and
(ii) in clause (ii)(X), by inserting
``prior to the first day after the end of the
emergency period described in section
1135(g)(1)(B)'' before the period;
(C) in paragraph (5), by inserting ``and prior to
the first day after the end of the emergency period
described in section 1135(g)(1)(B)'' after ``January 1,
2019,'';
(D) in paragraph (6)(A), by inserting ``and prior
to the first day after the end of the emergency period
described in section 1135(g)(1)(B),'' after ``January
1, 2019,''; and
(E) in paragraph (7), by adding at the end the
following new subparagraph:
``(C) Sunset.--The provisions of this paragraph
shall not apply with respect to services furnished on
or after the first day after the end of the emergency
period described in section 1135(g)(1)(B).''.
(b) Expanding Practitioners Eligible To Furnish Telehealth
Services.--Section 1834(m) of the Social Security Act (42 U.S.C.
1395m(m)) is amended--
(1) in paragraph (1), by striking ``(described in section
1842(b)(18)(C))'' and inserting ``(defined in paragraph
(4)(E))''; and
(2) in paragraph (4)(E)--
(A) by striking ``practitioner.--The term'' and
inserting ``Practitioner.--
``(A) In general.--Subject to subparagraph (B), the
term''; and
(B) by adding at the end the following new
subparagraph:
``(B) Expansion.--The Secretary, after consulting
with stakeholders regarding services that are
clinically appropriate, may expand the types of
practitioners who may furnish telehealth services to
include any health care professional that is eligible
to bill the program under this title for their
professional services.''.
(c) Retention of Additional Services and Subregulatory Process for
Modifications Following Emergency Period.--Section 1834(m)(4)(F) of the
Social Security Act (42 U.S.C. 1395m(m)(4)(F)) is amended--
(1) in clause (i), by inserting ``and clause (iii)'' after
``paragraph (8)'';
(2) in clause (ii), by striking ``The Secretary'' and
inserting ``Subject to clause (iii), the Secretary''; and
(3) by adding at the end the following new clause:
``(iii) Retention of additional services
and subregulatory process for modifications
following emergency period.--With respect to
telehealth services furnished after the last
day of the emergency period described in
section 1135(g)(1)(B), the Secretary may--
``(I) retain as appropriate the
expanded list of telehealth services
specified in clause (i) pursuant to the
waiver authority under section
1135(b)(8) during such emergency
period; and
``(II) retain the subregulatory
process used to modify the services
included on the list of such telehealth
services pursuant to clause (ii) during
such emergency period.''.
(d) Enhancing Telehealth Services for Federally Qualified Health
Centers and Rural Health Clinics.--Section 1834(m)(8) of the Social
Security Act (42 U.S.C. 1395m(m)(8)) is amended--
(1) in the paragraph heading by inserting ``and after''
after ``during'';
(2) in subparagraph (A), in the matter preceding clause
(i), by inserting ``and after'' after ``During''; and
(3) in the first sentence of subparagraph (B)(i), by
inserting ``and after'' after ``during''.
(e) Use of Telehealth, as Clinically Appropriate, To Conduct Face-
to-Face Encounter for Hospice Care.--Section 1814(a)(7)(D)(i)(II) of
the Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by
inserting ``and after such emergency period as clinically appropriate''
after ``1135(g)(1)(B)''.
(f) Use of Telehealth, as Clinically Appropriate, To Conduct Face-
to-Face Clinical Assessments for Home Dialysis.--Clause (iii) of
section 1881(b)(3)(B) of the Social Security Act (42 U.S.C.
1395rr(b)(3)(B)) is amended--
(1) by moving such clause 4 ems to the left; and
(2) by inserting ``and after such emergency period as
clinically appropriate'' before the period.
(g) Implementation.--Notwithstanding any provision of law, the
Secretary may implement the provisions of, and amendments made by, this
section by interim final rule, program instruction, or otherwise.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Social Security.
Referred to the Subcommittee on Health.
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