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I
117TH CONGRESS
1ST SESSION H. R. 2228
To allow for payment of outpatient critical access hospital services furnished
through telehealth under the Medicare program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 26, 2021
Mr. KILDEE (for himself and Mr. WENSTRUP) 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 subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To allow for payment of outpatient critical access hospital
services furnished through telehealth under the Medicare
program.
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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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Rural Behavioral
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Health Access Act of 2021’’.
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•HR 2228 IH
SEC. 2. ALLOWING FOR PAYMENT OF OUTPATIENT CRIT-
1
ICAL
ACCESS
HOSPITAL
SERVICES
FUR-
2
NISHED THROUGH TELEHEALTH UNDER THE
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MEDICARE PROGRAM.
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(a) IN GENERAL.—Notwithstanding section 1834(m)
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of the Social Security Act (42 U.S.C. 1395m(m)) and sub-
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ject to subsection (b), the Secretary of Health and Human
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Services shall provide payment under section 1834(g) of
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such Act (42 U.S.C. 1395m(g)) for outpatient critical ac-
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cess hospital services consisting of behavioral therapy serv-
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ices furnished by a critical access hospital to an individual
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on or after January 1, 2021, via telecommunications tech-
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nology, notwithstanding the fact that such individual is
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not located at such hospital.
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(b) INITIATION OF SERVICES VIA TELEHEALTH.—In
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the case of an individual receiving services described in
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subsection (a) from a critical access hospital, if such indi-
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vidual has not, prior to receiving such services, received
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in-person care at such hospital, payment shall be made
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to such hospital in accordance with such subsection only
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if such services complement a plan of care that includes
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in-person care to be furnished at such hospital not later
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than 1 year after the date such services are furnished.
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(c) DEFINITIONS.—For purposes of this section:
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(1) CRITICAL
ACCESS
HOSPITAL.—The term
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‘‘critical access hospital’’ has the meaning given
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•HR 2228 IH
such term in section 1861(mm)(1) of the Social Se-
1
curity Act (42 U.S.C. 1395x(mm)(1)).
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(2) OUTPATIENT
CRITICAL
ACCESS
HOSPITAL
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SERVICES.—The term ‘‘outpatient critical access
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hospital services’’ has the meaning given such term
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in section 1861(mm)(3) of such Act (42 U.S.C.
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1395x(mm)(3)).
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(3) TELECOMMUNICATIONS TECHNOLOGY.—The
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term ‘‘telecommunications technology’’ means a com-
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munications system permitting two-way, real-time
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interactive communication between the individuals
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and health care professional and includes a commu-
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nications system consisting of only audio capabili-
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ties, but only if such individual does not have access
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to a communications system with audio-visual capa-
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bilities.
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Æ
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