What This Bill Does
This bill changes federal health insurance rules to classify telehealth services (medical services provided remotely, typically by phone or video) as excepted benefits. Excepted benefits are a special category of health insurance that follows different rules than regular health coverage.
The bill modifies three federal laws: the Public Health Service Act, the Employee Retirement Income and Security Act of 1974, and the Internal Revenue Code of 1986.
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Who It Affects
- People who receive health insurance through their employer (group health plans)
- People with group health insurance coverage
- People with individual health insurance coverage related to telehealth services
- Employers who offer group health plans
- Health insurance companies
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Key Provisions
- Telehealth service benefits become classified as excepted benefits under federal health insurance law (Sec. 2(a)(1))
- The same insurance requirements that apply to other health coverage now apply to individual health insurance when it provides telehealth excepted benefits (Sec. 2(a)(2))
- Three federal tax and labor laws are amended to include telehealth benefits in their excepted benefits definitions (Sec. 2(b) and 2(c))
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What Changes
If this bill becomes law, telehealth service benefits will be treated as excepted benefits rather than standard health insurance benefits. This means these benefits will follow different regulatory requirements under federal law.
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Important Definitions
- **Telehealth services**: Medical services provided remotely, such as through phone or video
- **Excepted benefits**: A special category of health insurance benefits that follow different federal rules than regular health coverage
- **Group health plan**: Health insurance offered by employers to their employees
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Effective Date
The changes apply to health plan years beginning on or after the date the bill becomes law (Sec. 2(d)).
I
118TH CONGRESS
1ST SESSION
H. R. 824
To amend title XXVII of the Public Health Service Act, the Employee
Retirement Income and Security Act of 1974, and the Internal Revenue
Code of 1986 to treat benefits for telehealth services offered under
a group health plan or group health insurance coverage as excepted
benefits.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mr. WALBERG (for himself, Ms. DELBENE, Ms. CRAIG, Mr. ESTES, Ms.
SHERRILL, and Mr. ALLEN) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce, and in addition to
the Committees on Education and the Workforce, and 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 XXVII of the Public Health Service Act,
the Employee Retirement Income and Security Act of
1974, and the Internal Revenue Code of 1986 to treat
benefits for telehealth services offered under a group
health plan or group health insurance coverage as ex-
cepted benefits.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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•HR 824 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Telehealth Benefit Ex-
2
pansion for Workers Act of 2023’’.
3
SEC. 2. TREATING BENEFITS FOR TELEHEALTH SERVICES
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OFFERED UNDER A GROUP HEALTH PLAN OR
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GROUP HEALTH INSURANCE COVERAGE AS
6
EXCEPTED BENEFITS.
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(a) PHSA.—
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(1) IN
GENERAL.—Section 2791(c)(2) of the
9
Public Health Service Act (42 U.S.C. 300gg–
10
91(c)(2)) is amended—
11
(A) by redesignating subparagraph (C) as
12
subparagraph (D); and
13
(B) by inserting after subparagraph (B)
14
the following new subparagraph:
15
‘‘(C) Benefits for telehealth services.’’.
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(2) LIMITATION
ON
EXCEPTION
TO
GROUP
17
HEALTH
PLANS
AND
GROUP
HEALTH
INSURANCE
18
COVERAGE.—Section
2722(c)(1)
of
the
Public
19
Health Service Act (42 U.S.C. 300gg–21(c)(1)) is
20
amended—
21
(A) by redesignating subparagraphs (A)
22
and (B) as clauses (i) and (ii), respectively, and
23
adjusting the margins accordingly;
24
(B) by striking ‘‘The requirements’’ and
25
inserting the following:
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•HR 824 IH
‘‘(A) IN GENERAL.—Except as provided in
1
subparagraph (B), the requirements.’’; and
2
(C) by adding at the end the following new
3
subparagraph:
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‘‘(B) APPLICATION OF PROVISIONS IN THE
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CASE OF INDIVIDUAL HEALTH INSURANCE COV-
6
ERAGE FOR CERTAIN EXCEPTED BENEFITS.—
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The requirements of subparts I and II shall
8
apply to any individual health insurance cov-
9
erage in relation to its provision of excepted
10
benefits described in section 2791(c)(2)(C).’’.
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(b) ERISA.—Section 733(c)(2) of the Employee Re-
12
tirement Income Security Act of 1974 (29 U.S.C.
13
1191b(c)(2)) is amended—
14
(1) by redesignating subparagraph (C) as sub-
15
paragraph (D); and
16
(2) by inserting after subparagraph (B) the fol-
17
lowing new subparagraph:
18
‘‘(C) Benefits for telehealth services.’’.
19
(c) IRC.—Section 9832(c)(2) of the Internal Revenue
20
Code of 1986 is amended—
21
(1) by redesignating subparagraph (C) as sub-
22
paragraph (D); and
23
(2) by inserting after subparagraph (B) the fol-
24
lowing new subparagraph:
25
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•HR 824 IH
‘‘(C) Benefits for telehealth services.’’.
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(d) EFFECTIVE DATE.—The amendments made by
2
this section shall apply with respect to plan years begin-
3
ning on or after the date of the enactment of this Act.
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Æ
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