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I
116TH CONGRESS
2D SESSION
H. R. 8727
To amend title XVIII of the Social Security Act to make permanent certain
telehealth flexibilities under the Medicare program related to the COVID–
19 public health emergency.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 5, 2020
Mr. CARTER of Georgia (for himself, Ms. BLUNT ROCHESTER, and Mrs. ROD-
GERS of Washington) 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 make
permanent certain telehealth flexibilities under the Medi-
care program related to the COVID–19 public health
emergency.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Telehealth Moderniza-
4
tion Act’’.
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SEC. 2. EXTENDING MEDICARE TELEHEALTH FLEXIBILI-
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TIES.
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(a) EXPANDING ACCESS
TO TELEHEALTH SERV-
3
ICES.—
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(1) IN
GENERAL.—Section 1834(m)(4)(C) of
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the Social Security Act (42 U.S.C. 1395m(m)(4)(C))
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is amended by adding at the end the following new
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clause:
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‘‘(iii) EXPANDING ACCESS TO TELE-
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HEALTH SERVICES.—With respect to tele-
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health services furnished beginning on the
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first day after the end of the emergency
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period described in section 1135(g)(1)(B)
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of this clause, the term ‘originating site’
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means any site at which the eligible tele-
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health individual is located at the time the
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service is furnished via a telecommuni-
17
cations system, including the home of an
18
individual.’’.
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(2) CONFORMING AMENDMENTS.—Such section
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is amended—
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(A) in paragraph (2)(B)—
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(i) in clause (i), in the matter pre-
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ceding subclause (I), by striking ‘‘clause
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(ii)’’ and inserting ‘‘clauses (ii) and (iii)’’;
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and
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•HR 8727 IH
(ii) by adding at the end the following
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new clause:
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‘‘(iii) NO
FACILITY
FEE
FOR
NEW
3
SITES.—With respect to telehealth services
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furnished on or after the date of enact-
5
ment of this clause, a facility fee shall only
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be paid under this subparagraph to an
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originating site that is described in para-
8
graph (4)(C)(ii) (other than subclause (X)
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of such paragraph).’’;
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(B) in paragraph (4)(C)—
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(i) in clause (i), in the matter pre-
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ceding subclause (I), by inserting ‘‘and
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clause (iii)’’ after ‘‘and (7)’’; and
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(ii) in clause (ii)(X), by inserting
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‘‘prior to the first day after the end of the
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emergency period described in section
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1135(g)(1)(B)’’ before the period;
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(C) in paragraph (5), by inserting ‘‘and
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prior to the first day after the end of the emer-
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gency
period
described
in
section
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1135(g)(1)(B)’’ after ‘‘January 1, 2019,’’;
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(D) in paragraph (6)(A), by inserting ‘‘and
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prior to the first day after the end of the emer-
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•HR 8727 IH
gency
period
described
in
section
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1135(g)(1)(B),’’ after ‘‘January 1, 2019,’’; and
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(E) in paragraph (7), by inserting ‘‘and
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prior to the first day after the end of the emer-
4
gency
period
described
in
section
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1135(g)(1)(B),’’ after ‘‘July 1, 2019,’’.
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(b) EXPANDING PRACTITIONERS ELIGIBLE TO FUR-
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NISH TELEHEALTH SERVICES.—Section 1834(m) of the
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Social Security Act (42 U.S.C. 1395m(m)) is amended—
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(1) in paragraph (1), by striking ‘‘(described in
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section 1842(b)(18)(C))’’ and inserting ‘‘(defined in
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paragraph (4)(E))’’; and
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(2) in paragraph (4)(E)—
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(A) by striking ‘‘PRACTITIONER.—The
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term’’ and inserting ‘‘PRACTITIONER.—
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‘‘(A) IN
GENERAL.—Subject to subpara-
16
graph (B), the term’’; and
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(B) by adding at the end the following new
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subparagraph:
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‘‘(B) EXPANSION.—The Secretary, after
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consulting with stakeholders regarding services
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that are clinically appropriate, may expand the
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types of practitioners who may furnish tele-
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health services to include any health care pro-
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fessional that is eligible to bill the program
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under this title for their professional services.’’.
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(c) RETENTION OF ADDITIONAL SERVICES AND SUB-
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REGULATORY PROCESS FOR MODIFICATIONS FOLLOWING
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EMERGENCY PERIOD.—Section 1834(m)(4)(F) of the So-
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cial Security Act (42 U.S.C. 1395m(m)(4)(F)) is amend-
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ed—
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(1) in clause (i), by inserting ‘‘and clause (iii)’’
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after ‘‘paragraph (8)’’;
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(2) in clause (ii), by striking ‘‘The Secretary’’
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and inserting ‘‘Subject to clause (iii), the Sec-
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retary’’; and
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(3) by adding at the end the following new
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clause:
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‘‘(iii) RETENTION
OF
ADDITIONAL
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SERVICES AND SUBREGULATORY PROCESS
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FOR
MODIFICATIONS
FOLLOWING
EMER-
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GENCY
PERIOD.—With respect to tele-
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health services furnished after the last day
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of the emergency period described in sec-
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tion 1135(g)(1)(B), the Secretary may—
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‘‘(I) retain as appropriate the ex-
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panded list of telehealth services spec-
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ified in clause (i) pursuant to the
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waiver
authority
under
section
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•HR 8727 IH
1135(b)(8) during such emergency pe-
1
riod; and
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‘‘(II) retain the subregulatory
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process used to modify the services in-
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cluded on the list of such telehealth
5
services pursuant to clause (ii) during
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such emergency period.’’.
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(d) ENHANCING TELEHEALTH SERVICES FOR FED-
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ERALLY
QUALIFIED
HEALTH
CENTERS
AND
RURAL
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HEALTH CLINICS.—Section 1834(m)(8) of the Social Se-
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curity Act (42 U.S.C. 1395m(m)(8)) is amended—
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(1) in the paragraph heading by inserting ‘‘AND
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AFTER’’ after ‘‘DURING’’;
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(2) in subparagraph (A), in the matter pre-
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ceding clause (i), by inserting ‘‘and after’’ after
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‘‘During’’; and
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(3) in the first sentence of subparagraph (B)(i),
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by inserting ‘‘and after’’ after ‘‘during’’.
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(e) USE OF TELEHEALTH, AS CLINICALLY APPRO-
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PRIATE, TO CONDUCT FACE-TO-FACE ENCOUNTER FOR
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HOSPICE CARE.—Section 1814(a)(7)(D)(i)(II) of the So-
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cial Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is
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amended by inserting ‘‘and after such emergency period
23
as clinically appropriate’’ after ‘‘1135(g)(1)(B)’’.
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(f) USE OF TELEHEALTH, AS CLINICALLY APPRO-
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PRIATE, TO CONDUCT FACE-TO-FACE CLINICAL ASSESS-
2
MENTS
FOR HOME DIALYSIS.—Clause (iii) of section
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1881(b)(3)(B) of the Social Security Act (42 U.S.C.
4
1395rr(b)(3)(B)) is amended—
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(1) by moving such clause 4 ems to the left;
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and
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(2) by inserting ‘‘and after such emergency pe-
8
riod as clinically appropriate’’ before the period.
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(g) IMPLEMENTATION.—Notwithstanding any provi-
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sion of law, the Secretary may implement the provisions
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of, and amendments made by, this section by interim final
12
rule, program instruction, or otherwise.
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Æ
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