[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4040 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 4040
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2022
Received; read twice and referred to the Committee on Finance
_______________________________________________________________________
AN ACT
To amend title XVIII of the Social Security Act to extend telehealth
flexibilities 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 2022''.
SEC. 2. REMOVING GEOGRAPHIC REQUIREMENTS AND EXPANDING ORIGINATING
SITES FOR TELEHEALTH SERVICES.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in paragraph (2)(B)(iii)--
(A) by striking ``With'' and inserting ``In the
case that the emergency period described in section
1135(g)(1)(B) ends before December 31, 2024, with'';
and
(B) by striking ``that are furnished during the
151-day period beginning on the first day after the end
of the emergency period described in section
1135(g)(1)(B)'' and inserting ``that are furnished
during the period beginning on the first day after the
end of such emergency period and ending December 31,
2024''; and
(2) in paragraph (4)(C)(iii)--
(A) by striking ``With'' and inserting ``In the
case that the emergency period described in section
1135(g)(1)(B) ends before December 31, 2024, with'';
and
(B) by striking ``that are furnished during the
151-day period beginning on the first day after the end
of the emergency period described in section
1135(g)(1)(B)'' and inserting ``that are furnished
during the period beginning on the first day after the
end of such emergency period and ending on December 31,
2024''.
SEC. 3. EXPANDING PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH
SERVICES.
Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C.
1395m(m)(4)(E)) is amended by striking ``and, for the 151-day period
beginning on the first day after the end of the emergency period
described in section 1135(g)(1)(B)'' and inserting ``and, in the case
that the emergency period described in section 1135(g)(1)(B) ends
before December 31, 2024, for the period beginning on the first day
after the end of such emergency period and ending on December 31,
2024''.
SEC. 4. EXTENDING TELEHEALTH SERVICES FOR FEDERALLY QUALIFIED HEALTH
CENTERS AND RURAL HEALTH CLINICS.
Section 1834(m)(8)(A) of the Social Security Act (42 U.S.C.
1395m(m)(8)(A)) is amended by striking ``during the 151-day period
beginning on the first day after the end of such emergency period'' and
inserting ``in the case that such emergency period ends before December
31, 2024, during the period beginning on the first day after the end of
such emergency period and ending on December 31, 2024''.
SEC. 5. DELAYING THE IN-PERSON REQUIREMENTS UNDER MEDICARE FOR MENTAL
HEALTH SERVICES FURNISHED THROUGH TELEHEALTH AND
TELECOMMUNICATIONS TECHNOLOGY.
(a) Delay in Requirements for Mental Health Services Furnished
Through Telehealth.--Section 1834(m)(7)(B)(i) of the Social Security
Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in the matter preceding
subclause (I), by striking ``on or after the day that is the 152nd day
after the end of the period at the end of the emergency sentence
described in section 1135(g)(1)(B))'' and inserting ``on or after
January 1, 2025 (or, if later, the first day after the end of the
emergency period described in section 1135(g)(1)(B))''.
(b) Mental Health Visits Furnished by Rural Health Clinics.--
Section 1834(y) of the Social Security Act (42 U.S.C. 1395m(y)) is
amended--
(1) in the heading, by striking ``to hospice patients'';
and
(2) in paragraph (2), by striking ``prior to the day that
is the 152nd day after the end of the emergency period
described in section 1135(g)(1)(B))'' and inserting ``prior to
January 1, 2025 (or, if later, the first day after the end of
the emergency period described in section 1135(g)(1)(B))''.
(c) Mental Health Visits Furnished by Federally Qualified Health
Centers.--Section 1834(o)(4) of the Social Security Act (42 U.S.C.
1395m(o)(4) is amended--
(1) in the heading, by striking ``to hospice patients'';
and
(2) in subparagraph (B), by striking ``prior to the day
that is the 152nd day after the end of the emergency period
described in section 1135(g)(1)(B))'' and inserting ``prior to
January 1, 2025 (or, if later, the first day after the end of
the emergency period described in section 1135(g)(1)(B))''.
SEC. 6. ALLOWING FOR THE FURNISHING OF AUDIO-ONLY TELEHEALTH SERVICES.
Section 1834(m)(9) of the Social Security Act (42 U.S.C.
1395m(m)(9)) is amended by striking ``The Secretary shall continue to
provide coverage and payment under this part for telehealth services
identified in paragraph (4)(F)(i) as of the date of the enactment of
this paragraph that are furnished via an audio-only telecommunications
system during the 151-day period beginning on the first day after the
end of the emergency period described in section 1135(g)(1)(B)'' and
inserting ``In the case that the emergency period described in section
1135(g)(1)(B) ends before December 31, 2024, the Secretary shall
continue to provide coverage and payment under this part for telehealth
services identified in paragraph (4)(F)(i) that are furnished via an
audio-only communications system during the period beginning on the
first day after the end of such emergency period and ending on December
31, 2024''.
SEC. 7. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER PRIOR TO
RECERTIFICATION OF ELIGIBILITY FOR HOSPICE CARE DURING
EMERGENCY PERIOD.
Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C.
1395f(a)(7)(D)(i)(II)) is amended by striking ``and during the 151-day
period beginning on the first day after the end of such emergency
period'' and inserting ``and, in the case that such emergency period
ends before December 31, 2024, during the period beginning on the first
day after the end of such emergency period described in such section
1135(g)(1)(B) and ending on December 31, 2024''.
SEC. 8. FUNDING FROM MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395jjj(b)(1)) is amended by striking ``$7,500,000,000'' and inserting
``$5,153,000,000''.
SEC. 9. PROGRAM INSTRUCTION AUTHORITY.
Notwithstanding any other provision of law, the Secretary of Health
and Human Services may implement the provisions of, including
amendments made by, sections 2 through 7 through program instruction or
otherwise.
SEC. 10. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives July 27, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.