[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7187 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7187
To amend title XVIII of the Social Security Act to provide for
permanent payments for telehealth services furnished by Federally
qualified health centers and rural health clinics under the Medicare
program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2020
Mr. Thompson of Pennsylvania (for himself and Mr. Butterfield)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee 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 provide for
permanent payments for telehealth services furnished by Federally
qualified health centers and rural health clinics under the Medicare
program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Ensure Access to Local
TeleHealth Act of 2020'' or the ``HEALTH Act of 2020''.
SEC. 2. PROVIDING FOR PERMANENT COST-RELATED PAYMENTS FOR TELEHEALTH
SERVICES FURNISHED BY FEDERALLY QUALIFIED HEALTH CENTERS
AND RURAL HEALTH CLINICS UNDER THE MEDICARE PROGRAM AND
PERMANENTLY REMOVING ORIGINATING SITE FACILITY AND
LOCATION REQUIREMENTS FOR DISTANT SITE TELEHEALTH
SERVICES FURNISHED BY SUCH CENTERS AND SUCH CLINICS.
(a) Permanent Telehealth Payments.--Section 1834(m)(8) of the
Social Security Act (42 U.S.C. 1395m(m)(8)) is amended--
(1) in the header, by striking ``during emergency period'';
(2) in subparagraph (A), in the matter preceding clause
(i), by striking ``During the emergency period described in
section 1135(g)(1)(B)'' and inserting ``With respect to
telehealth services furnished on or after the date of the
beginning of the emergency period described in section
1135(g)(1)(B)''; and
(3) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Payment.--
``(i) In general.--A telehealth service
furnished by a rural health clinic or a
Federally qualified health center serving as a
distant site to an individual shall be deemed
to be so furnished to such individual as an
outpatient of such clinic or facility (as
applicable) for purposes of paragraph (1) or
(3), respectively, of section 1861(aa) and
payable as a rural health clinic service or
Federally qualified health center service (as
applicable) under section 1833(a)(3) or under
the prospective payment system established
under section 1834(o), respectively.
``(ii) Treatment of costs for fqhc pps
calculations and rhc air calculations.--Costs
associated with the delivery of telehealth
services by a Federally qualified health center
or rural health clinic serving as a distant
site pursuant to this paragraph shall be
considered allowable costs for purposes of the
prospective payment system established under
section 1834(o) and any payment methodologies
developed under section 1833(a)(3), as
applicable.''.
(b) Elimination of Originating Site Requirements for Telehealth
Services Furnished by FQHCs or RHCs.--
(1) In general.--Section 1834(m) of the Social Security Act
(42 U.S.C. 1395m(m)), as amended by subsection (a), is further
amended--
(A) in paragraph (4)(C)(i), by striking ``and (7)''
and inserting ``(7), and (8)''; and
(B) by adding at the end the following new
subparagraph:
``(C) Nonapplication of originating site
requirements.--The geographic and site requirements
described in paragraph (4)(C) shall not apply with
respect to telehealth services furnished by a Federally
qualified health center or a rural health clinic
serving as a distant site.''.
(2) Special payment rule for originating sites with respect
to telehealth services furnished by an fqhc or rhc.--Section
1834(m)(2)(B) of the Social Security Act (42 U.S.C.
1395m(m)(2)(B)) is amended--
(A) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)''; and
(B) by adding at the end the following new clause:
``(iii) Special rule for telehealth
services furnished by fqhcs and rhcs.--No
facility fee shall be paid under this
subparagraph to an originating site with
respect to telehealth services furnished by a
Federally qualified health center or rural
health clinic serving as a distant site unless
such originating site is a site described in
any of subclauses (I) through (IX) of paragraph
(4)(C)(ii).''.
(c) Treatment of FQHC and RHC Telehealth Services as a Visit.--The
Secretary of Health and Human Services shall revise section 405.2463 of
title 42, Code of Federal Regulations (or a successor regulation) to
provide that, in the case of a Federally qualified health center or a
rural health clinic serving as a distant site furnishing telehealth
services to an individual in accordance with section 1834(m) of the
Social Security Act (42 U.S.C. 1395m(m)), such services so furnished
are considered to constitute a visit to such center or such clinic (as
applicable) by such individual.
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