[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3371 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3371
To provide payments for home health services furnished via visual or
audio telecommunication systems during an emergency period.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2021
Mr. Arrington (for himself, Ms. Sewell, Mr. Kelly of Pennsylvania, and
Mr. Thompson of California) introduced the following bill; which was
referred to the Committee on Ways and Means, and in addition to the
Committee on Energy and Commerce, 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 provide payments for home health services furnished via visual or
audio telecommunication systems during an emergency period.
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 ``Home Health Emergency Access to
Telehealth Act'' or the ``HEAT Act''.
SEC. 2. AUTHORIZATION OF PAYMENTS FOR HOME HEALTH SERVICES FURNISHED
VIA VISUAL OR AUDIO TELECOMMUNICATION SYSTEMS DURING AN
EMERGENCY PERIOD.
(a) Waiver Authority.--
(1) In general.--The first sentence of section 1135(b) of
the Social Security Act (42 U.S.C. 1320b-5(b)) is amended--
(A) in paragraph (8), by striking ``and'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding the following new paragraph:
``(10) in the case of home health services furnished in an
emergency area (or portion of such an area) during any portion
of any emergency period (as those terms are defined in
subsection (g)(1)(C)), the provisions of subparagraphs (A) and
(B) of section 1895(e)(1), as determined appropriate by the
Secretary.''.
(2) Definitions of emergency area; emergency period.--
Section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)) is amended--
(A) in subparagraph (A), by striking ``subparagraph
(B)'' and inserting ``subparagraphs (B) and (C)''; and
(B) by adding at the end the following new
subparagraph:
``(C) Additional exception.--For purposes of
subsection (b)(10), an `emergency area' is a
geographical area in which, and an `emergency period'
is the period during which, there exists a public
health emergency declared by the Secretary pursuant to
section 319 of the Public Health Service Act.''.
(b) Authorization.--Section 1895(e) of the Social Security Act (42
U.S.C. 1395fff(e)) is amended--
(1) in paragraph (1), by striking ``Nothing'' and inserting
``Subject to paragraph (2), nothing'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Exception for public health emergencies.--Nothing in
this section shall be construed as preventing a home health
agency furnishing a home health unit of service for which
payment is made under the prospective payment system
established by this section for such units of service from
furnishing services via a video or audio telecommunication
system if such services--
``(A) are furnished pursuant to a waiver under
section 1135(b)(10);
``(B) constitute no more than 50 percent of the
number of billable visits, consistent with the in-
person visit equivalency determination, billed under
the 30-day period of care established under section
484.215(f) of title 42, Code of Federal Regulations;
``(C) are furnished to a beneficiary under a plan
of care established by a physician or practitioner with
whom the beneficiary has an existing care relationship
prior to the receipt of home health services that
includes home health services to be furnished via a
video or audio telecommunication system; and
``(D) such beneficiary consents to receiving home
health services via a video or audio telecommunication
system.''.
(c) Implementation.--
(1) In general.--The Secretary shall prescribe regulations
to apply to home health services furnished pursuant to the
amendments made by this Act, which shall become effective no
later than 60 days after the date of enactment of this Act. The
Secretary shall issue an interim final rule, if necessary, to
comply with the required effective date.
(2) Considerations.--In prescribing such regulations, the
Secretary may consider including--
(A) standards for the content of orders and patient
consent for such services;
(B) documentation of such services provided and
billing units of such services;
(C) the nature and level of resources utilized for
such services provided via video or audio
telecommunication systems for purposes of determining
equivalency with in-person visits in establishing the
payment for such services; and
(D) standards to ensure program integrity and
prevent the incidence of fraud, waste, and abuse with
respect to such services.
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