HEALTH Act of 2021

Helping Every American Link To Healthcare Act of 2021 or the HEALTH Act of 2021

This bill requires the Department of Health and Human Services (HHS) to continue allowing providers to use certain communication products when furnishing telehealth services after the COVID-19 emergency ends.

Generally, providers must use communication products that comply with applicable federal privacy and security standards; however, HHS issued a notification stating that it would not enforce penalties against providers who, in good faith, use noncompliant communication products during the COVID-19 emergency.

The bill requires HHS to revise applicable privacy and security regulations to allow providers to use noncompliant products for seven years after the COVID-19 emergency ends. HHS may elect to extend this period following a review of telehealth services furnished over those seven years.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4748 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4748

 To direct the Secretary of Health and Human Services to revise HIPAA 
      regulations to ensure patient access to telehealth services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2021

  Mr. Cawthorn (for himself and Mr. Duncan) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Health and Human Services to revise HIPAA 
      regulations to ensure patient access to telehealth services.

    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 ``Helping Every American Link To 
Healthcare Act of 2021'' or the ``HEALTH Act of 2021''.

SEC. 2. REVISION OF HIPAA REGULATIONS TO ENSURE PATIENT ACCESS TO 
              TELEHEALTH SERVICES.

    (a) In General.--The Secretary of Health and Human Services (in 
this section referred to as the ``Secretary'') shall revise the HIPAA 
privacy regulation (as defined in section 1180(b)(3) of the Social 
Security Act (42 U.S.C. 1320d-9(b)(3))) to ensure that, with respect to 
services furnished by a health care provider via telehealth during the 
7-year period beginning on the last day of the emergency period 
described in section 1135(g)(1)(B) of such Act (42 U.S.C. 1320b-
5(g)(1)(B)), such provider may so furnish such services using any non-
public facing audio or video communication product (as such term is 
used for purposes of the notice entitled ``Notification of Enforcement 
Discretion for Telehealth Remote Communications During the COVID-19 
Nationwide Public Health Emergency'' as published by the Office of 
Civil Rights of the Department of Health and Human Services).
    (b) Extension of Policy.--The Secretary may extend the 7-year 
period described in subsection (a) for such duration as determined 
appropriate by the Secretary if the Secretary finds, after a review of 
telehealth services furnished during such period, that such extension 
is appropriate.
                                 <all>