[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7338 Introduced in House (IH)]

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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 
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 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.

    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 ``Advancing Telehealth Beyond COVID-19 
Act of 2020''.

SEC. 2. PERMITTING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO WAIVE 
              REQUIREMENTS RELATING TO THE FURNISHING OF TELEHEALTH 
              SERVICES UNDER THE MEDICARE PROGRAM.

    Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is 
amended by adding at the end the following new paragraph:
            ``(9) Authority to waive telehealth requirements.--
        Notwithstanding any other provision of this subsection, the 
        Secretary may waive any such provision for any area and time 
        period specified by the Secretary.''.

SEC. 3. MAKING PERMANENT THE ABILITY OF FEDERALLY QUALIFIED HEALTH 
              CENTERS AND RURAL HEALTH CLINICS TO FURNISH TELEHEALTH 
              SERVICES UNDER THE MEDICARE PROGRAM.

    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'' and inserting ``Beginning on the 
        first day of''; and
            (3) in subparagraph (B)(i), by striking ``during such 
        emergency period''.

SEC. 4. CLARIFICATION FOR FRAUD AND ABUSE LAWS REGARDING TECHNOLOGIES 
              PROVIDED TO BENEFICIARIES.

    Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a-
7a(i)(6)) is amended--
            (1) in subparagraph (I), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(K) the provision of technologies (as defined by 
                the Secretary) on or after the date of the enactment of 
                this subparagraph, by a provider of services or 
                supplier (as such terms are defined for purposes of 
                title XVIII) directly to an individual who is entitled 
                to benefits under part A of title XVIII, enrolled under 
                part B of such title, or both, for the purpose of 
                furnishing telehealth services, remote patient 
                monitoring services, or other services furnished 
                through the use of technology (as defined by the 
                Secretary), if--
                            ``(i) the technologies are not offered as 
                        part of any advertisement or solicitation; and
                            ``(ii) the provision of the technologies 
                        meets any other requirements set forth in 
                        regulations promulgated by the Secretary.''.
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