Permanency for Audio-Only Telehealth Act

I 117TH CONGRESS 1ST SESSION H. R. 3447 To amend title XVIII of the Social Security Act to expand accessibility to certain telehealth services under the Medicare program. IN THE HOUSE OF REPRESENTATIVES MAY 20, 2021 Mr. SMITH of Missouri (for himself and Mr. GOTTHEIMER) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committee on Ways and Means, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To amend title XVIII of the Social Security Act to expand accessibility to certain telehealth services under the Medi- care program. 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 ‘‘Permanency for Audio- 4 Only Telehealth Act’’. 5 VerDate Sep 11 2014 03:26 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3447.IH H3447 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3447 IH SEC. 2. EXPANDING ACCESSIBILITY TO CERTAIN TELE- 1 HEALTH SERVICES UNDER THE MEDICARE 2 PROGRAM. 3 (a) USE OF AUDIO-ONLY TELECOMMUNICATIONS 4 SYSTEMS FOR CERTAIN SERVICES.—Section 1834(m)(4) 5 of the Social Security Act (42 U.S.C. 1395m(m)(4)) is 6 amended by adding at the end the following new subpara- 7 graph: 8 ‘‘(G) TELECOMMUNICATIONS SYSTEM.— 9 ‘‘(i) IN GENERAL.—The term ‘tele- 10 communications system’ includes, in the 11 case of a qualified provider (as defined in 12 clause (ii)) furnishing a specified telehealth 13 service (as defined in such clause) to an in- 14 dividual, a communications system con- 15 sisting only of audio capabilities, but only 16 if such individual elects to use such system 17 in lieu of a communications system pro- 18 viding both audio and visual capabilities. 19 ‘‘(ii) DEFINITIONS.—For purposes of 20 clause (i): 21 ‘‘(I) QUALIFIED PROVIDER.—The 22 term ‘qualified provider’ means, with 23 respect to a telehealth service fur- 24 nished to an individual, a physician or 25 practitioner who— 26 VerDate Sep 11 2014 03:26 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3447.IH H3447 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3447 IH ‘‘(aa) furnished to such indi- 1 vidual an item or service (other 2 than such telehealth service) in- 3 person, or through a communica- 4 tions system consisting of both 5 audio and visual capabilities, dur- 6 ing the 3-year period ending on 7 the date such telehealth service 8 was furnished; or 9 ‘‘(bb) is in the same practice 10 (as determined by tax identifica- 11 tion number) of a physician or 12 practitioner described in item 13 (aa). 14 ‘‘(II) SPECIFIED TELEHEALTH 15 SERVICE.—The term ‘specified tele- 16 health service’ means a telehealth 17 service consisting of— 18 ‘‘(aa) evaluation and man- 19 agement services; 20 ‘‘(bb) mental and behavioral 21 health services; 22 ‘‘(cc) substance use disorder 23 services; or 24 VerDate Sep 11 2014 03:26 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3447.IH H3447 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3447 IH ‘‘(dd) any other service spec- 1 ified by the Secretary. 2 Such term does not include commu- 3 nication of lab results from a physi- 4 cian or practitioner to an individual 5 via a telecommunications system un- 6 less such communication involves a di- 7 agnosis of such individual based on 8 such results or the prescription, or 9 modification of a prescription, of a 10 drug based on such results.’’. 11 (b) NONAPPLICATION OF ORIGINATING SITE RE- 12 QUIREMENTS WITH RESPECT TO TELEHEALTH SERVICES 13 UNDER MEDICARE PROGRAM.—Section 1834(m)(4)(C) of 14 the Social Security Act (42 U.S.C. 1395m(m)(4)(C)) is 15 amended— 16 (1) in clause (i), by inserting before ‘‘para- 17 graphs (5), (6), and (7)’’ the following: ‘‘clause (iii) 18 and’’; and 19 (2) by adding at the end the following new 20 clause: 21 ‘‘(iii) NONAPPLICATION OF ORIGI- 22 NATING SITE REQUIREMENTS.—Beginning 23 on the first day of the emergency period 24 described in section 1135(g)(1)(B), the 25 VerDate Sep 11 2014 03:26 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3447.IH H3447 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3447 IH term ‘originating site’ means any site at 1 which the eligible telehealth individual is 2 located at the time the service is furnished 3 via a telecommunications system.’’. 4 (c) EFFECTIVE DATE.—The amendment made by 5 subsection (a) shall apply with respect to telehealth serv- 6 ices furnished after the last day of the emergency period 7 described in section 1135(g)(1)(B) of the Social Security 8 Act (42 U.S.C. 1320b–5(g)(1)(B)). 9 Æ VerDate Sep 11 2014 03:26 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3447.IH H3447 pbinns on DSKJLVW7X2PROD with BILLS