[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10288 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                               H. R. 10288

    To amend the Employee Retirement Income Security Act of 1974 to 
  prohibit health care providers and facilities from imposing certain 
                     facility fees for telehealth.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2024

  Mrs. Hayes introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To amend the Employee Retirement Income Security Act of 1974 to 
  prohibit health care providers and facilities from imposing certain 
                     facility fees for telehealth.

    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 ``Fair Telehealth Billing Act of 
2024''.

SEC. 2. PROHIBITING HEALTH CARE PROVIDERS AND FACILITIES FROM IMPOSING 
              CERTAIN FACILITY FEES FOR TELEHEALTH.

    (a) In General.--Subtitle B of title I of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended by 
adding at the end the following new part:

``PART 9--BILLING REQUIREMENTS FOR HEALTH CARE FACILITIES AND PROVIDERS

``SEC. 901. LIMITATION ON TELEHEALTH FACILITY FEES.

    ``A health care provider or facility may not bill a separate 
facility fee when a health care provider who provided telehealth 
services is authorized to bill independently for the professional 
services rendered.''.
    (b) Enforcement.--Section 502 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1132) is amended--
            (1) in subsection (a)(6), by striking ``or (9)'' and 
        inserting ``(9), or (13)''; and
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(13) If a health care provider or facility is found by 
        the Secretary to be in violation of section 901, the Secretary 
        may assess a civil monetary penalty against such provider or 
        facility in an amount not to exceed $10,000 per violation.''.
    (c) Clerical Amendment.--The table of contents of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended 
by inserting after the item relating to section 804 the following new 
item:

``Part 9--Billing Requirements for Health Care Facilities and Providers

``901. Limitation on telehealth facility fees.''.
    (d) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to telehealth services furnished on or after January 
1, 2026.

SEC. 3. IMPLEMENTATION.

    The Secretary of Labor shall implement the amendments made by this 
Act by rulemaking.
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