What This Bill Does
This bill allows the government to reimburse doctors for telehealth visits using only audio (phone calls) instead of requiring video during emergencies. It changes Medicare rules to pay doctors the same amount for audio-only visits as they would get for in-person visits during declared emergencies.
Who It Affects
Medicare patients (people 65 and older covered by the federal health program), doctors and healthcare providers who offer telehealth services, and the federal government's Medicare program.
Key Provisions
• Starting January 1, 2025, the Secretary can waive the requirement that telehealth services use video technology and allow audio-only telehealth services during emergencies (Sec. 2(B)(i))
• This waiver applies in any area where a presidential emergency or disaster is declared under the National Emergencies Act or Robert T. Stafford Disaster Relief and Emergency Assistance Act, or where the Secretary declares a public health emergency (Sec. 2(B)(i))
• Telehealth services provided using only audio technology must be reimbursed at the same rate as if the service was provided in person (Sec. 2(B)(ii))
What Changes
Medicare rules currently require video for telehealth services. This bill allows doctors to use phone calls only during emergencies and still get paid the full rate they would receive for in-person visits.
Important Definitions
None defined in the bill text.
Effective Date
January 1, 2025 for the ongoing authority to waive video requirements during emergencies (Sec. 2(B)(i)).
II
118TH CONGRESS
1ST SESSION
S. 729
To amend title XVIII of the Social Security Act to provide for the waiver
of certain telehealth requirements to permit reimbursement for audio-
only telehealth services under the Medicare program during emergency
declarations.
IN THE SENATE OF THE UNITED STATES
MARCH 9, 2023
Mr. KENNEDY introduced the following bill; which was read twice and referred
to the Committee on Finance
A BILL
To amend title XVIII of the Social Security Act to provide
for the waiver of certain telehealth requirements to per-
mit reimbursement for audio-only telehealth services
under the Medicare program during emergency declara-
tions.
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 ‘‘Audio-Only Telehealth
4
for Emergencies Act’’.
5
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•S 729 IS
SEC. 2. WAIVER OF CERTAIN TELEHEALTH REQUIREMENTS
1
TO PERMIT REIMBURSEMENT FOR AUDIO-
2
ONLY TELEHEALTH SERVICES UNDER THE
3
MEDICARE PROGRAM DURING EMERGENCY
4
DECLARATIONS.
5
Section 1834(m)(9) of the Social Security Act (42
6
U.S.C. 1395m(m)(9)) is amended—
7
(1) by striking ‘‘The Secretary’’ and inserting
8
‘‘(A) DURING COVID–19 PHE.—The Secretary’’; and
9
(2) by adding at the end the following new sub-
10
paragraph:
11
‘‘(B) ONGOING AUTHORITY.—
12
‘‘(i) IN
GENERAL.—With respect to
13
telehealth services furnished on or after
14
January 1, 2025, the Secretary shall waive
15
the requirements of paragraph (1) and sec-
16
tion 410.78(a)(3) of title 42, Code of Fed-
17
eral Regulations (or any successor regula-
18
tion), relating to the use of interactive tele-
19
communications systems to furnish tele-
20
health services, to the extent such provi-
21
sions require the use of video technology,
22
to allow for the furnishing of telehealth
23
services using audio-only technology, as de-
24
termined appropriate by the Secretary,
25
with respect to such services furnished in
26
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•S 729 IS
any geographical area in which, and any
1
period during which, there exists—
2
‘‘(I) an emergency or disaster de-
3
clared by the President pursuant to
4
the National Emergencies Act or the
5
Robert T. Stafford Disaster Relief
6
and Emergency Assistance Act; or
7
‘‘(II) a public health emergency
8
declared by the Secretary pursuant to
9
section 319 of the Public Health Serv-
10
ice Act.
11
‘‘(ii) PAYMENT
PARITY.—The Sec-
12
retary shall provide that any telehealth
13
service furnished using audio-only tech-
14
nology pursuant to a waiver under this
15
subparagraph is reimbursed at the same
16
rate at which the service would be reim-
17
bursed if furnished in person.’’.
18
Æ
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