What This Bill Does
This bill requires three federal agencies to study and report to Congress about telehealth services that were expanded during the COVID-19 emergency. The agencies must examine what services were made available, who could provide them and how many people used them, with special attention to rural communities, minorities, low-income people, seniors and mental health patients.
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Who It Affects
The bill directly affects the Department of Health and Human Services, the Medicare Payment Advisory Commission (a group that advises Congress on Medicare payments), and the Medicaid and CHIP Payment and Access Commission (a similar group for Medicaid and children's health insurance). Indirectly, it affects people who use Medicare, Medicaid and the Children's Health Insurance Program.
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Key Provisions
* The Secretary of Health and Human Services must conduct a study and submit a report to Congress within 180 days of the bill becoming law about actions taken to expand telehealth access under Medicare, Medicaid and the Children's Health Insurance Program during the COVID-19 emergency through December 31, 2024. (Sec. 2(a)(1))
* The HHS report must include a complete list of telehealth services available under these programs and explain all actions taken to expand access to those services. (Sec. 2(a)(1)(A))
* The HHS report must provide a list of provider types eligible for reimbursement (payment) for telehealth services and identify which services must still be delivered in-person to receive payment. (Sec. 2(a)(1)(B))
* The HHS report must include data showing how often telehealth services were used, broken down by rural populations, minorities, low-income people and elderly people. (Sec. 2(a)(1)(C))
* The Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission must each conduct their own studies within one year of the bill becoming law and submit reports that identify improvements and barriers to telehealth access, plus what is known about increased fraud risk associated with telehealth expansion. (Sec. 2(b)(1))
* Both commissions must include recommendations about potential improvements to telehealth services and ways to address fraudulent activity. (Sec. 2(b)(2))
* The HHS Secretary must publish the report on the public website of the Department of Health and Human Services within 180 days of the bill becoming law. (Sec. 2(a)(2))
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What Changes
If this becomes law, federal agencies will be required to investigate and document what telehealth services were expanded during the COVID-19 emergency. Congress will receive detailed reports explaining which services are available, who can provide them, how many people used them and whether fraud risks increased. The HHS report will be made public on the department's website so Americans can access this information.
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Important Definitions
* Telehealth services: medical services delivered remotely, but the bill does not define this term explicitly.
* Reimbursed: paid by the health insurance program.
* Fraudulent activity: Not defined in the bill text.
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Effective Date
Not specified in bill text. The bill specifies when reports must be completed (180 days and one year after enactment), but does not state when the law itself takes effect.
I
118TH CONGRESS
1ST SESSION H. R. 1110
To direct the Secretary of Health and Human Services, the Medicare Payment
Advisory Commission, and the Medicaid and CHIP Payment and Access
Commission to conduct studies and report to Congress on actions taken
to expand access to telehealth services under the Medicare, Medicaid,
and Children’s Health Insurance programs during the COVID–19 emer-
gency.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 21, 2023
Mr. BALDERSON (for himself, Mrs. LEE of Nevada, Mrs. HINSON, and Mr.
NEGUSE) introduced the following bill; which was referred to the Com-
mittee 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 direct the Secretary of Health and Human Services,
the Medicare Payment Advisory Commission, and the
Medicaid and CHIP Payment and Access Commission
to conduct studies and report to Congress on actions
taken to expand access to telehealth services under the
Medicare, Medicaid, and Children’s Health Insurance
programs during the COVID–19 emergency.
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 1110 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Knowing the Efficiency
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and Efficacy of Permanent Telehealth Options Act of
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2023’’ or the ‘‘KEEP Telehealth Options Act of 2023’’.
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SEC. 2. STUDIES AND REPORTS ON THE EXPANSION OF AC-
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CESS TO TELEHEALTH SERVICES DURING
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THE COVID–19 EMERGENCY.
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(a) HHS.—
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(1) IN
GENERAL.—Not later than 180 days
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after the date of the enactment of this Act, the Sec-
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retary, in consultation with the Administrator, shall
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conduct a study and submit to Congress a report on
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actions taken by the Secretary during the emergency
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period described in section 1135(g)(1)(B) of the So-
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cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)) and
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through December 31, 2024, to expand access to
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telehealth services under the Medicare program, the
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Medicaid program, and the Children’s Health Insur-
18
ance program. Such report shall include the fol-
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lowing:
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(A) A comprehensive list of telehealth serv-
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ices available under such programs and an ex-
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planation of all actions undertaken by the Sec-
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retary during such emergency period and
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through December 31, 2024, to expand access
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to such services.
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•HR 1110 IH
(B) A comprehensive list of types of pro-
1
viders that may be reimbursed for such services
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furnished under such programs during such pe-
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riod and through December 31, 2024, including
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a list of services which may only be reimbursed
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under such programs during such period and
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through December 31, 2024, if furnished by
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such providers in-person.
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(C) A quantitative analysis of the use of
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such telehealth services under such programs
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during such period and through December 31,
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2024, including data points on use by rural, mi-
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nority, low-income, and elderly populations.
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(D) A quantitative analysis of the use of
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such services under such programs during such
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period and through December 31, 2024, for
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mental and behavioral health treatments.
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(E) An analysis of the public health im-
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pacts of the actions described in subparagraph
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(A).
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(2) PUBLICATION OF REPORT.—Not later than
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180 days after the date of the enactment of this Act,
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the Secretary shall publish on the public website of
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the Department of Health and Human Services the
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report described in paragraph (1).
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•HR 1110 IH
(b) MEDPAC AND MACPAC.—
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(1) IN GENERAL.—Not later than 1 year after
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the date of enactment of this Act, the Medicare Pay-
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ment Advisory Commission and the Medicaid and
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CHIP Payment and Access Commission, in consulta-
5
tion with the Inspector General of the Department
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of Health and Human Services, shall each conduct
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a study and submit to Congress a report on—
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(A) any improvements to, or barriers in,
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access to telehealth services under—
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(i) in the case of the report submitted
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by the Medicare Payment Advisory Com-
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mission, the Medicare program; and
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(ii) in the case of the report submitted
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by the Medicaid and CHIP Payment and
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Access Commission, the Medicaid and Chil-
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dren’s Health Insurance programs;
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during the emergency period described in sub-
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section (a)(1) and through December 31, 2024;
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and
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(B) what is known about any increased
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risk in increased fraudulent activity, including
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the types of fraudulent activity, that could be
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associated with the expansion of access to such
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•HR 1110 IH
services under such programs during such pe-
1
riod and through December 31, 2024.
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(2) RECOMMENDATIONS.—The reports sub-
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mitted under paragraph (1) shall include rec-
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ommendations, as appropriate, on—
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(A) potential improvements to telehealth
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services, and expansions of such services, under
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the programs described in paragraph (1)(A);
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and
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(B) possible approaches to addressing any
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fraudulent activity described in paragraph
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(1)(B).
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Æ
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