Advancing Telehealth Beyond COVID–19 Act of 2022

IIB 117TH CONGRESS 2D SESSION H. R. 4040 IN THE SENATE OF THE UNITED STATES JULY 28, 2022 Received; read twice and referred to the Committee on Finance AN ACT To amend title XVIII of the Social Security Act to extend telehealth flexibilities under the Medicare program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 03:59 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4040.RFS H4040 pbinns on DSKJLVW7X2PROD with $$_JOB 2 HR 4040 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Advancing Telehealth 2 Beyond COVID–19 Act of 2022’’. 3 SEC. 2. REMOVING GEOGRAPHIC REQUIREMENTS AND EX- 4 PANDING ORIGINATING SITES FOR TELE- 5 HEALTH SERVICES. 6 Section 1834(m) of the Social Security Act (42 7 U.S.C. 1395m(m)) is amended— 8 (1) in paragraph (2)(B)(iii)— 9 (A) by striking ‘‘With’’ and inserting ‘‘In 10 the case that the emergency period described in 11 section 1135(g)(1)(B) ends before December 12 31, 2024, with’’; and 13 (B) by striking ‘‘that are furnished during 14 the 151-day period beginning on the first day 15 after the end of the emergency period described 16 in section 1135(g)(1)(B)’’ and inserting ‘‘that 17 are furnished during the period beginning on 18 the first day after the end of such emergency 19 period and ending December 31, 2024’’; and 20 (2) in paragraph (4)(C)(iii)— 21 (A) by striking ‘‘With’’ and inserting ‘‘In 22 the case that the emergency period described in 23 section 1135(g)(1)(B) ends before December 24 31, 2024, with’’; and 25 VerDate Sep 11 2014 03:59 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4040.RFS H4040 pbinns on DSKJLVW7X2PROD with $$_JOB 3 HR 4040 RFS (B) by striking ‘‘that are furnished during 1 the 151-day period beginning on the first day 2 after the end of the emergency period described 3 in section 1135(g)(1)(B)’’ and inserting ‘‘that 4 are furnished during the period beginning on 5 the first day after the end of such emergency 6 period and ending on December 31, 2024’’. 7 SEC. 3. EXPANDING PRACTITIONERS ELIGIBLE TO FUR- 8 NISH TELEHEALTH SERVICES. 9 Section 1834(m)(4)(E) of the Social Security Act (42 10 U.S.C. 1395m(m)(4)(E)) is amended by striking ‘‘and, for 11 the 151-day period beginning on the first day after the 12 end of the emergency period described in section 13 1135(g)(1)(B)’’ and inserting ‘‘and, in the case that the 14 emergency period described in section 1135(g)(1)(B) ends 15 before December 31, 2024, for the period beginning on 16 the first day after the end of such emergency period and 17 ending on December 31, 2024’’. 18 SEC. 4. EXTENDING TELEHEALTH SERVICES FOR FEDER- 19 ALLY QUALIFIED HEALTH CENTERS AND 20 RURAL HEALTH CLINICS. 21 Section 1834(m)(8)(A) of the Social Security Act (42 22 U.S.C. 1395m(m)(8)(A)) is amended by striking ‘‘during 23 the 151-day period beginning on the first day after the 24 end of such emergency period’’ and inserting ‘‘in the case 25 VerDate Sep 11 2014 03:59 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4040.RFS H4040 pbinns on DSKJLVW7X2PROD with $$_JOB 4 HR 4040 RFS that such emergency period ends before December 31, 1 2024, during the period beginning on the first day after 2 the end of such emergency period and ending on December 3 31, 2024’’. 4 SEC. 5. DELAYING THE IN-PERSON REQUIREMENTS UNDER 5 MEDICARE FOR MENTAL HEALTH SERVICES 6 FURNISHED THROUGH TELEHEALTH AND 7 TELECOMMUNICATIONS TECHNOLOGY. 8 (a) DELAY IN REQUIREMENTS FOR MENTAL 9 HEALTH SERVICES FURNISHED THROUGH TELE- 10 HEALTH.—Section 1834(m)(7)(B)(i) of the Social Secu- 11 rity Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in 12 the matter preceding subclause (I), by striking ‘‘on or 13 after the day that is the 152nd day after the end of the 14 period at the end of the emergency sentence described in 15 section 1135(g)(1)(B))’’ and inserting ‘‘on or after Janu- 16 ary 1, 2025 (or, if later, the first day after the end of 17 the emergency period described in section 18 1135(g)(1)(B))’’. 19 (b) MENTAL HEALTH VISITS FURNISHED BY RURAL 20 HEALTH CLINICS.—Section 1834(y) of the Social Security 21 Act (42 U.S.C. 1395m(y)) is amended— 22 (1) in the heading, by striking ‘‘TO HOSPICE 23 PATIENTS’’; and 24 VerDate Sep 11 2014 03:59 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4040.RFS H4040 pbinns on DSKJLVW7X2PROD with $$_JOB 5 HR 4040 RFS (2) in paragraph (2), by striking ‘‘prior to the 1 day that is the 152nd day after the end of the emer- 2 gency period described in section 1135(g)(1)(B))’’ 3 and inserting ‘‘prior to January 1, 2025 (or, if later, 4 the first day after the end of the emergency period 5 described in section 1135(g)(1)(B))’’. 6 (c) MENTAL HEALTH VISITS FURNISHED BY FEDER- 7 ALLY QUALIFIED HEALTH CENTERS.—Section 8 1834(o)(4) of the Social Security Act (42 U.S.C. 9 1395m(o)(4) is amended— 10 (1) in the heading, by striking ‘‘TO HOSPICE 11 PATIENTS’’; and 12 (2) in subparagraph (B), by striking ‘‘prior to 13 the day that is the 152nd day after the end of the 14 emergency period described in section 15 1135(g)(1)(B))’’ and inserting ‘‘prior to January 1, 16 2025 (or, if later, the first day after the end of the 17 emergency period described in section 18 1135(g)(1)(B))’’. 19 SEC. 6. ALLOWING FOR THE FURNISHING OF AUDIO-ONLY 20 TELEHEALTH SERVICES. 21 Section 1834(m)(9) of the Social Security Act (42 22 U.S.C. 1395m(m)(9)) is amended by striking ‘‘The Sec- 23 retary shall continue to provide coverage and payment 24 under this part for telehealth services identified in para- 25 VerDate Sep 11 2014 03:59 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4040.RFS H4040 pbinns on DSKJLVW7X2PROD with $$_JOB 6 HR 4040 RFS graph (4)(F)(i) as of the date of the enactment of this 1 paragraph that are furnished via an audio-only tele- 2 communications system during the 151-day period begin- 3 ning on the first day after the end of the emergency period 4 described in section 1135(g)(1)(B)’’ and inserting ‘‘In the 5 case that the emergency period described in section 6 1135(g)(1)(B) ends before December 31, 2024, the Sec- 7 retary shall continue to provide coverage and payment 8 under this part for telehealth services identified in para- 9 graph (4)(F)(i) that are furnished via an audio-only com- 10 munications system during the period beginning on the 11 first day after the end of such emergency period and end- 12 ing on December 31, 2024’’. 13 SEC. 7. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE 14 ENCOUNTER PRIOR TO RECERTIFICATION OF 15 ELIGIBILITY FOR HOSPICE CARE DURING 16 EMERGENCY PERIOD. 17 Section 1814(a)(7)(D)(i)(II) of the Social Security 18 Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by 19 striking ‘‘and during the 151-day period beginning on the 20 first day after the end of such emergency period’’ and in- 21 serting ‘‘and, in the case that such emergency period ends 22 before December 31, 2024, during the period beginning 23 on the first day after the end of such emergency period 24 VerDate Sep 11 2014 03:59 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4040.RFS H4040 pbinns on DSKJLVW7X2PROD with $$_JOB 7 HR 4040 RFS described in such section 1135(g)(1)(B) and ending on 1 December 31, 2024’’. 2 SEC. 8. FUNDING FROM MEDICARE IMPROVEMENT FUND. 3 Section 1898(b)(1) of the Social Security Act (42 4 U.S.C. 1395jjj(b)(1)) is amended by striking 5 ‘‘$7,500,000,000’’ and inserting ‘‘$5,153,000,000’’. 6 SEC. 9. PROGRAM INSTRUCTION AUTHORITY. 7 Notwithstanding any other provision of law, the Sec- 8 retary of Health and Human Services may implement the 9 provisions of, including amendments made by, sections 2 10 through 7 through program instruction or otherwise. 11 SEC. 10. DETERMINATION OF BUDGETARY EFFECTS. 12 The budgetary effects of this Act, for the purpose of 13 complying with the Statutory Pay-As-You-Go Act of 2010, 14 shall be determined by reference to the latest statement 15 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 16 Act, submitted for printing in the Congressional Record 17 by the Chairman of the House Budget Committee, pro- 18 vided that such statement has been submitted prior to the 19 vote on passage. 20 Passed the House of Representatives July 27, 2022. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 03:59 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4040.RFS H4040 pbinns on DSKJLVW7X2PROD with $$_JOB