Equal Access to Care Act

I 117TH CONGRESS 1ST SESSION H. R. 688 To permit a licensed health care provider to provide health care services to individuals in one or more States in which the provider is not licensed. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 2, 2021 Mr. BUDD introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To permit a licensed health care provider to provide health care services to individuals in one or more States in which the provider is not licensed. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Equal Access to Care 4 Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) In public health emergencies, such as the 8 Coronavirus Disease 2019 pandemic, it is of para- 9 VerDate Sep 11 2014 23:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H688.IH H688 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 688 IH mount importance to deliver medical resources to 1 impacted areas where the need is greatest. 2 (2) Technologies that allow health care pro- 3 viders to deliver care across great distances can de- 4 liver medical care into impacted areas, including 5 mental health services and maintenance care for 6 chronic illnesses. 7 (3) Technologies that allow health care pro- 8 viders to deliver care across great distances can 9 thereby free local providers to address community 10 needs that providers can only address in person. 11 (4) Under the Constitution, the Commerce 12 Clause grants Congress the authority to regulate 13 commerce among the States. 14 SEC. 3. INTERSTATE TELEMEDICINE. 15 (a) IN GENERAL.—Notwithstanding any other provi- 16 sion of law, during the period described in subsection (b), 17 in the case of a physician, practitioner, or other health 18 care provider who is licensed or otherwise legally author- 19 ized to provide health care services in a primary State, 20 and who provides such health care services in interstate 21 commerce through electronic information or telecommuni- 22 cation technologies to an individual in a secondary State, 23 the location of the provision of such services shall be 24 deemed to be the primary State and any requirement that 25 VerDate Sep 11 2014 23:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H688.IH H688 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 688 IH such physician, practitioner, or other provider obtain a 1 comparable license or other comparable legal authorization 2 from the secondary State with respect to the provision of 3 such services (including requirements relating to the pre- 4 scribing of drugs in such secondary State) shall not apply. 5 (b) PERIOD DESCRIBED.—The period described in 6 this subsection is the period beginning on the date of en- 7 actment of this Act and ending on the date that is 180 8 days after the date on which the national emergency de- 9 clared by the President under the National Emergencies 10 Act (50 U.S.C. 1601 et seq.) with respect to the 11 Coronavirus Disease 2019 (COVID–19) ends. 12 (c) REVIEW OF REGULATIONS.—The head of each 13 Federal agency shall review existing guidance and regula- 14 tions to identify any such guidance or regulations that 15 may conflict with the provisions of this section. If the head 16 of an agency finds any such conflict, notwithstanding any 17 other provision of law, such agency head shall, not later 18 than 30 days after the date of enactment of this Act, issue 19 revised guidance or regulations to ensure compliance with 20 the provisions of this section. 21 (d) DEFINITIONS.—In this section: 22 (1) HEALTH CARE SERVICES.—The term 23 ‘‘health care services’’ shall not include services of 24 the type for which funding is prohibited under the 25 VerDate Sep 11 2014 23:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H688.IH H688 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 688 IH requirements contained in Public Law 116–94 as re- 1 lating to funds for programs authorized under sec- 2 tions 330 through 340 of the Public Health Service 3 Act (42 U.S.C. 254 through 256). 4 (2) PRIMARY STATE.—The term ‘‘primary 5 State’’ means, with respect to the provision of health 6 care services by a physician, practitioner, or other 7 health care provider in interstate commerce through 8 electronic information or telecommunication tech- 9 nologies, the State in which such physician, practi- 10 tioner, or provider is physically located and licensed. 11 (3) SECONDARY STATE.—The term ‘‘secondary 12 State’’ means, with respect to the provision of health 13 care services by a physician, practitioner, or other 14 health care provider in interstate commerce through 15 electronic information or telecommunication tech- 16 nologies, a State in which such physician, practi- 17 tioner, or other provider is not physically located or 18 licensed. 19 Æ VerDate Sep 11 2014 23:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H688.IH H688 pbinns on DSKJLVW7X2PROD with BILLS