Advancing Telehealth Beyond COVID–19 Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7338 To amend title XVIII of the Social Security Act to permit the Secretary of Health and Human Services to waive requirements relating to the furnishing of telehealth services under the Medicare program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 25, 2020 Ms. CHENEY (for herself, Mr. SMITH of Missouri, Mr. GIANFORTE, and Mr. KUSTOFF of Tennessee) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Com- mittee 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 amend title XVIII of the Social Security Act to permit the Secretary of Health and Human Services to waive requirements relating to the furnishing of telehealth serv- ices 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Advancing Telehealth 4 Beyond COVID–19 Act of 2020’’. 5 VerDate Sep 11 2014 19:12 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7338.IH H7338 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7338 IH SEC. 2. PERMITTING THE SECRETARY OF HEALTH AND 1 HUMAN SERVICES TO WAIVE REQUIREMENTS 2 RELATING TO THE FURNISHING OF TELE- 3 HEALTH SERVICES UNDER THE MEDICARE 4 PROGRAM. 5 Section 1834(m) of the Social Security Act (42 6 U.S.C. 1395m(m)) is amended by adding at the end the 7 following new paragraph: 8 ‘‘(9) AUTHORITY TO WAIVE TELEHEALTH RE- 9 QUIREMENTS.—Notwithstanding any other provision 10 of this subsection, the Secretary may waive any such 11 provision for any area and time period specified by 12 the Secretary.’’. 13 SEC. 3. MAKING PERMANENT THE ABILITY OF FEDERALLY 14 QUALIFIED HEALTH CENTERS AND RURAL 15 HEALTH CLINICS TO FURNISH TELEHEALTH 16 SERVICES UNDER THE MEDICARE PROGRAM. 17 Section 1834(m)(8) of the Social Security Act (42 18 U.S.C. 1395m(m)(8)) is amended— 19 (1) in the header, by striking ‘‘DURING EMER- 20 GENCY PERIOD’’; 21 (2) in subparagraph (A), in the matter pre- 22 ceding clause (i), by striking ‘‘During’’ and inserting 23 ‘‘Beginning on the first day of’’; and 24 (3) in subparagraph (B)(i), by striking ‘‘during 25 such emergency period’’. 26 VerDate Sep 11 2014 19:12 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7338.IH H7338 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7338 IH SEC. 4. CLARIFICATION FOR FRAUD AND ABUSE LAWS RE- 1 GARDING TECHNOLOGIES PROVIDED TO 2 BENEFICIARIES. 3 Section 1128A(i)(6) of the Social Security Act (42 4 U.S.C. 1320a–7a(i)(6)) is amended— 5 (1) in subparagraph (I), by striking ‘‘; or’’ and 6 inserting a semicolon; 7 (2) in subparagraph (J), by striking the period 8 at the end and inserting ‘‘; or’’; and 9 (3) by adding at the end the following new sub- 10 paragraph: 11 ‘‘(K) the provision of technologies (as de- 12 fined by the Secretary) on or after the date of 13 the enactment of this subparagraph, by a pro- 14 vider of services or supplier (as such terms are 15 defined for purposes of title XVIII) directly to 16 an individual who is entitled to benefits under 17 part A of title XVIII, enrolled under part B of 18 such title, or both, for the purpose of furnishing 19 telehealth services, remote patient monitoring 20 services, or other services furnished through the 21 use of technology (as defined by the Secretary), 22 if— 23 ‘‘(i) the technologies are not offered 24 as part of any advertisement or solicita- 25 tion; and 26 VerDate Sep 11 2014 19:12 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7338.IH H7338 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7338 IH ‘‘(ii) the provision of the technologies 1 meets any other requirements set forth in 2 regulations promulgated by the Sec- 3 retary.’’. 4 Æ VerDate Sep 11 2014 19:12 Jul 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7338.IH H7338 pamtmann on DSKBC07HB2PROD with BILLS