[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2016 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2016
To amend title XVIII of the Social Security Act to expand access to
telehealth services, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2023
Mr. Schatz (for himself, Mr. Wicker, Mr. Cardin, Mr. Thune, Mr. Warner,
Mrs. Hyde-Smith, Mr. King, Mrs. Capito, Mr. Merkley, Mr. Rounds, Mr.
Casey, Ms. Collins, Mr. Kelly, Mr. Scott of South Carolina, Ms. Warren,
Mr. Lankford, Mrs. Shaheen, Mr. Cramer, Mrs. Gillibrand, Mr.
Tuberville, Mr. Welch, Mr. Tillis, Ms. Duckworth, Mrs. Fischer, Mr.
Blumenthal, Ms. Murkowski, Ms. Rosen, Mr. Sullivan, Mr. Van Hollen, Mr.
Daines, Ms. Cantwell, Ms. Lummis, Ms. Sinema, Mr. Hoeven, Mr.
Hickenlooper, Mr. Boozman, Mr. Tester, Mr. Vance, Mr. Whitehouse, Mr.
Cassidy, Mr. Sanders, Mr. Graham, Mr. Bennet, Mrs. Britt, Ms. Smith,
Mr. Barrasso, Ms. Klobuchar, Mr. Grassley, Mr. Padilla, Mr. Moran, Mr.
Kaine, Mr. Young, Mr. Warnock, Mr. Rubio, Mr. Heinrich, Mr. Cotton, Mr.
Carper, Mr. Mullin, Mr. Booker, and Mr. Marshall) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to expand access to
telehealth services, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Creating
Opportunities Now for Necessary and Effective Care Technologies
(CONNECT) for Health Act of 2023'' or the ``CONNECT for Health Act of
2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and sense of Congress.
TITLE I--REMOVING BARRIERS TO TELEHEALTH COVERAGE
Sec. 101. Removing geographic requirements for telehealth services.
Sec. 102. Expanding originating sites.
Sec. 103. Expanding authority for practitioners eligible to furnish
telehealth services.
Sec. 104. Improvements to the process for adding telehealth services.
Sec. 105. Federally qualified health centers and rural health clinics.
Sec. 106. Native American health facilities.
Sec. 107. Repeal of six-month in-person visit requirement for
telemental health services.
Sec. 108. Waiver of telehealth requirements during public health
emergencies.
Sec. 109. Use of telehealth in recertification for hospice care.
TITLE II--PROGRAM INTEGRITY
Sec. 201. Clarification for fraud and abuse laws regarding technologies
provided to beneficiaries.
Sec. 202. Additional resources for telehealth oversight.
Sec. 203. Addressing significant outlier billing patterns for
telehealth services.
TITLE III--BENEFICIARY AND PROVIDER SUPPORTS, QUALITY OF CARE, AND DATA
Sec. 301. Beneficiary engagement on telehealth.
Sec. 302. Provider supports on telehealth.
Sec. 303. Ensuring the inclusion of telehealth in measuring quality of
care.
Sec. 304. Posting of information on telehealth services.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The use of technology in health care and coverage of
telehealth services are rapidly evolving.
(2) Research has found that telehealth services can expand
access to care, improve the quality of care, and reduce
spending.
(3) In 2021, 91 percent of patients receiving telehealth
services were satisfied with their experiences.
(4) Health care workforce shortages are a significant
problem in many areas and for many types of health care
clinicians.
(5) Telehealth increases access to care in areas with
workforce shortages and for individuals who live far away from
health care facilities, have limited mobility or
transportation, or have other barriers to accessing care.
(6) The use of health technologies can strengthen the
expertise of the health care workforce, including by connecting
clinicians to specialty consultations.
(7) Prior to the COVID-19 pandemic, the utilization of
telehealth services in the Medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) was low,
accounting for 0.1 percent of Medicare Part B visits in 2019.
(8) Telehealth now represents a critical component of care
delivery. As of February 2023, 15 percent of Medicare fee-for-
service beneficiaries have had a telehealth service in the past
quarter.
(9) Long-term certainty about coverage of telehealth
services under the Medicare program is necessary to fully
realize the benefits of telehealth.
(b) Sense of Congress.--It is the sense of Congress that--
(1) health care providers can furnish safe, effective, and
high-quality health care services through telehealth;
(2) the Secretary of Health and Human Services should
promptly take all necessary measures to ensure that providers
and beneficiaries can continue to furnish and utilize,
respectively, telehealth services in the Medicare program,
including modifying, as appropriate, the definition of
``interactive telecommunications system'' in regulations and
program instruction under the Medicare program to ensure that
providers can utilize all appropriate means and types of
technology, including audio-visual, audio-only, and other types
of technologies, to furnish telehealth services; and
(3) barriers to the use of telehealth should be removed.
TITLE I--REMOVING BARRIERS TO TELEHEALTH COVERAGE
SEC. 101. REMOVING GEOGRAPHIC REQUIREMENTS FOR TELEHEALTH SERVICES.
Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C.
1395m(m)(4)(C)) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by striking ``clause (iii)'' and inserting ``clauses (iii) and
(iv)''; and
(2) by adding at the end the following new clause:
``(iv) Removal of geographic
requirements.--The geographic requirements
described in clause (i) shall not apply with
respect to telehealth services furnished on or
after January 1, 2025.''.
SEC. 102. EXPANDING ORIGINATING SITES.
(a) Expanding the Home as an Originating Site.--Section
1834(m)(4)(C)(ii)(X) of the Social Security Act (42 U.S.C.
1395m(m)(4)(C)(ii)(X)) is amended to read as follows:
``(X)(aa) Prior to January 1, 2025,
the home of an individual but only for
purposes of section 1881(b)(3)(B) or
telehealth services described in
paragraph (7).
``(bb) On or after January 1, 2025,
the home of an individual. For purposes
of the preceding sentence, the home of
an individual includes temporary
lodging and, in the case where, for
privacy or other personal reasons, an
individual chooses to travel a short
distance from the home for the
furnishing of a telehealth service,
includes such location, as described in
the final rule entitled `Medicare
Program; CY 2022 Payment Policies Under
the Physician Fee Schedule and Other
Changes to Part B Payment Policies;
Medicare Shared Savings Program
Requirements; Provider Enrollment
Regulation Updates; and Provider and
Supplier Prepayment and Post-Payment
Medical Review Requirements' published
in the Federal Register on November 19,
2021 (86 Fed. Reg. 64996), or a
successor regulation.''.
(b) Allowing Additional Originating Sites.--Section
1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C.
1395m(m)(4)(C)(ii)) is amended by adding at the end the following new
subclause:
``(XII) Any other clinically
appropriate site at which an eligible
telehealth individual is located at the
time a telehealth service is furnished
via a telecommunications system. Not
later than January 1, 2025, the
Secretary shall issue regulations that
establish parameters for the
determination of whether a site is
clinically appropriate for purposes of
the preceding sentence.''.
(c) Parameters for New Originating Sites.--Section 1834(m)(4)(C) of
the Social Security Act (42 U.S.C. 1395m(m)(4)(C)), as amended by
section 101, is amended by adding at the end the following new clause:
``(v) Requirements for new sites.--
``(I) In general.--The Secretary
may establish requirements for the
furnishing of telehealth services at
sites described in clause (ii)(XII) to
provide for beneficiary and program
integrity protections.
``(II) Rule of construction.--
Nothing in this clause shall be
construed to preclude the Secretary
from establishing requirements for
other originating sites described in
clause (ii)''.
(d) No Originating Site Facility Fee for New Sites.--Section
1834(m)(2)(B)(ii) of the Social Security Act (42 U.S.C.
1395m(m)(2)(B)(ii)) is amended--
(1) in the heading, by striking ``if originating site is
the home'' and inserting ``for certain sites''; and
(2) by striking ``paragraph (4)(C)(ii)(X)'' and inserting
``subclause (X) or (XII) of paragraph (4)(C)(ii)''.
SEC. 103. EXPANDING AUTHORITY FOR 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--
(1) by striking ``Practitioner.--The term'' and inserting
``Practitioner.--
``(i) In general.--Subject to clause (ii),
the term''; and
(2) by adding at the end the following new clause:
``(ii) Expanding practitioners eligible to
furnish telehealth services.--
``(I) In general.--Notwithstanding
any other provision of this subsection,
in the case of telehealth services
furnished on or after January 1, 2024,
the Secretary may waive any limitation
on the types of practitioners who are
eligible to furnish telehealth services
(other than the requirement that the
practitioner is enrolled under section
1866(j)) if the Secretary determines
that such waiver is clinically
appropriate.
``(II) Implementation.--In
implementing a waiver under this
clause, the Secretary may establish
parameters, as appropriate, for
telehealth services under such waiver,
including with respect to beneficiary
and program integrity protections.
``(III) Public comment.--The
Secretary shall establish a process by
which stakeholders may (on at least an
annual basis) provide public comment on
such waiver under this clause.
``(IV) Periodic review.--The
Secretary shall periodically, but not
more frequently than every 3 years,
reassess the waiver under this clause
to determine whether such waiver
continues to be clinically appropriate.
The Secretary shall terminate any
waiver that the Secretary determines is
no longer clinically appropriate.''.
SEC. 104. IMPROVEMENTS TO THE PROCESS FOR ADDING TELEHEALTH SERVICES.
(a) Review.--The Secretary shall undertake a review of the process
established pursuant to section 1834(m)(4)(F)(ii) of the Social
Security Act (42 U.S.C. 1395m(m)(4)(F)(ii)), and based on the results
of such review--
(1) implement revisions to the process so that the criteria
to add services prioritizes, as appropriate, improved access to
care through clinically appropriate telehealth services; and
(2) provide clarification on what requests to add
telehealth services under such process should include.
(b) Temporary Coverage of Certain Telehealth Services.--Section
1834(m)(4)(F) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)) is
amended by adding at the end the following new clause:
``(iii) Temporary coverage of certain
telehealth services.--The Secretary may add
services with a reasonable potential likelihood
of clinical benefit and improved access to care
when furnished via a telecommunications system
(as determined by the Secretary) on a temporary
basis to those specified in clause (i) for
authorized payment under paragraph (1).''.
SEC. 105. FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in paragraph (4)(C)(i), in the matter preceding
subclause (I), by striking ``and (7)'' and inserting ``(7), and
(8)''; and
(2) in paragraph (8)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``During'' and all that follows
through ``December 31, 2024--'' and inserting
the following: ``During and after the emergency
period described in section 1135(g)(1)(B)--'';
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) by redesignating clause (iii) as
clause (iv); and
(iv) by inserting after clause (ii) the
following new clause:
``(iii) the geographic requirements
described in paragraph (4)(C)(i) shall not
apply with respect to such a telehealth
service; and''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Payment.--
``(i) In general.--A telehealth service
furnished by a Federally qualified health
center or a rural health clinic to an
individual pursuant to this paragraph on or
after the date of the enactment of this
subparagraph 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 Federally
qualified health center service or rural health
clinic service (as applicable) under the
prospective payment system established under
section 1834(o) or under section 1833(a)(3),
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.''.
SEC. 106. NATIVE AMERICAN HEALTH FACILITIES.
(a) In General.--Section 1834(m)(4)(C) of the Social Security Act
(42 U.S.C. 1395m(m)(4)(C)), as amended by sections 101 and 102, is
amended--
(1) in clause (i), by striking ``and (iv)'' and inserting
``, (iv), and (vi)''; and
(2) by adding at the end the following new clause:
``(vi) Native american health facilities.--
With respect to telehealth services furnished
on or after January 1, 2024, the originating
site requirements described in clauses (i) and
(ii) shall not apply with respect to a facility
of the Indian Health Service, whether operated
by such Service, or by an Indian tribe (as that
term is defined in section 4 of the Indian
Health Care Improvement Act (25 U.S.C. 1603))
or a tribal organization (as that term is
defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5304)), or a facility of the Native
Hawaiian health care systems authorized under
the Native Hawaiian Health Care Improvement Act
(42 U.S.C. 11701 et seq.).''.
(b) No Originating Site Facility Fee for Certain Native American
Facilities.--Section 1834(m)(2)(B)(i) of the Social Security Act (42
U.S.C. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause
(I), by inserting ``(other than an originating site that is only
described in clause (v) of paragraph (4)(C), and does not meet the
requirement for an originating site under clauses (i) and (ii) of such
paragraph)'' after ``the originating site''.
SEC. 107. REPEAL OF SIX-MONTH IN-PERSON VISIT REQUIREMENT FOR
TELEMENTAL HEALTH SERVICES.
Section 1834(m)(7) of the Social Security Act (42 U.S.C.
1395m(m)(7)(B)) is amended--
(1) in subparagraph (A), by striking ``, subject to
subparagraph (B),'';
(2) by striking ``(A) In general.--The geographic'' and
inserting ``The geographic''; and
(3) by striking subparagraph (B).
SEC. 108. WAIVER OF TELEHEALTH REQUIREMENTS DURING PUBLIC HEALTH
EMERGENCIES.
Section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``subparagraph (B)'' and inserting
``subparagraphs (B) and (C)''; and
(2) by adding at the end the following new subparagraph:
``(C) Exception for waiver of telehealth
requirements during public health emergencies.--For
purposes of subsection (b)(8), in addition to the
emergency period described in subparagraph (B), 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.''.
SEC. 109. USE OF TELEHEALTH IN RECERTIFICATION FOR HOSPICE CARE.
(a) In General.--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
``during the emergency period'' and all that follows through ``ending
on December 31, 2024'' and inserting the following: ``during and after
the emergency period described in section 1135(g)(1)(B)''.
(b) National Academy of Medicine Report.--The Secretary of Health
and Human Services shall request the National Academy of Medicine to
submit a report to Congress, not later than 3 years after the date of
enactment of this Act, evaluating the impact of section
1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C.
1395f(a)(7)(D)(i)(II)), as amended by subsection (a), on--
(1) the number and percentage of beneficiaries recertified
for the Medicare hospice benefit at 180 days and for subsequent
benefit periods;
(2) the appropriateness for hospice care of the patients
recertified through the use of telehealth; and
(3) any other factors determined appropriate by the
National Academy of Medicine.
TITLE II--PROGRAM INTEGRITY
SEC. 201. 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.''.
SEC. 202. ADDITIONAL RESOURCES FOR TELEHEALTH OVERSIGHT.
In addition to amounts otherwise available, there are authorized to
be appropriated to the Inspector General of the Department of Health
and Human Services for each of fiscal years 2024 through 2028, out of
any money in the Treasury not otherwise appropriated, $3,000,000, to
remain available until expended, for purposes of conducting audits,
investigations, and other oversight and enforcement activities with
respect to telehealth services, remote patient monitoring services, or
other services furnished through the use of technology (as defined by
the Secretary).
SEC. 203. ADDRESSING SIGNIFICANT OUTLIER BILLING PATTERNS FOR
TELEHEALTH SERVICES.
(a) Identification and Notification of Outlier Billers of
Telehealth.--
(1) In general.--The Secretary shall, using national
provider identifiers on claims for telehealth services
furnished to individuals under section 1834(m) of the Social
Security Act (42 U.S.C. 1395m(m)), identify physicians and
practitioners that demonstrate significant outlier billing
patterns (such as coding of telehealth services for
inappropriate length of time and inaccurate complexity and
inappropriate or duplicate billing) for telehealth services or
items or services ordered or prescribed concurrent to a
telehealth service over a period of time specified by the
Secretary.
(2) Establishment of thresholds.--For purposes of this
subsection, the Secretary shall establish thresholds for
outlier billing patterns to identify whether a physician or
practitioner is a significant outlier biller for telehealth
services or items or services ordered or prescribed concurrent
to a telehealth service as compared to other physicians or
practitioners within the same specialty and geographic area.
(b) Notification.--
(1) In general.--The Secretary shall notify any physician
or practitioner identified as a significant outlier biller for
telehealth services or items or services ordered or prescribed
concurrent to a telehealth service under subsection (a). Each
notification under the preceding sentence shall include the
following:
(A) Information on how the physician or
practitioner compares to physicians or practitioners
within the same specialty and geographic area with
respect to billing for telehealth services or items or
services ordered or prescribed concurrent to a
telehealth service under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.).
(B) Information on telehealth billing guidelines
under the Medicare program.
(C) Other information determined appropriate by the
Secretary.
(2) Clarification.--Nothing in this subsection or
subsection (a) shall be construed as directing the Centers for
Medicare & Medicaid Services to pursue further audits of
providers of services and suppliers outside of those permitted
or required under titles XI or XVIII of the Social Security
Act, or otherwise under applicable Federal law.
(c) Public Availability of Information.--The Secretary shall make
aggregate information on outlier billing patterns identified under
subsection (a) available on the internet website of the Centers for
Medicare & Medicaid Services. Such information shall be in a form and
manner determined appropriate by the Secretary and shall not identify
any specific physician or practitioner.
(d) Other Activities.--Nothing in this section shall preclude the
Secretary from conducting activities that provide physicians and
practitioners with information as to how they compare to other
physicians and practitioners that are in addition to the activities
under this section.
(e) Telehealth Resource Centers Education Activities.--Section
330I(j)(2) of the Public Health Service Act (42 U.S.C. 254c-14(j)(2))
is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(H) providing technical assistance and education
to physicians and practitioners that the Secretary
identifies pursuant to section 203(a) of the CONNECT
for Health Act of 2023 as having significant levels of
outlier billing patterns with respect to telehealth
services or items or services ordered or prescribed
concurrent to a telehealth service under the Medicare
program under title XVIII of the Social Security Act,
including--
``(i) education on practices to ensure
coding of telehealth services for appropriate
length of time and accurate complexity;
``(ii) education on prevention of
inappropriate or duplicate billing; and
``(iii) information on--
``(I) services specified in
paragraph (4)(F)(i) of section 1834(m)
of the Social Security Act (42 U.S.C.
1395m(m)) for authorized payment under
paragraph (1) of such section; and
``(II) the process used to update
such services under clauses (ii) and
(iii) (as added by section 104) of
paragraph (4)(F) of such section
1834(m); and
``(iv) referral to the appropriate medicare
administrative contractor for specific
questions that fall outside of the scope of
broad best practices.''.
(f) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(2) Telehealth service.--The term ``telehealth service''
has the meaning given that term in section 1834(m)(4)(F) of the
Social Security Act (42 U.S.C. 1395m(m)(4)(F)).
(3) Physician; practitioner.--The terms ``physician'' and
``practitioner'' have the meaning given those terms for
purposes of section 1834(m) of the Social Security Act (42
U.S.C. 1395m(m)).
TITLE III--BENEFICIARY AND PROVIDER SUPPORTS, QUALITY OF CARE, AND DATA
SEC. 301. BENEFICIARY ENGAGEMENT ON TELEHEALTH.
(a) Resources, Guidance, and Training Sessions.--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:
``(10) Resources, guidance, and training sessions.--
``(A) In general.--Not later than 6 months after
the date of the enactment of this paragraph, the
Secretary, in consultation with stakeholders, shall
issue resources, guidance, and training sessions for
beneficiaries, physicians, practitioners, and health
information technology software vendors on best
practices for ensuring telehealth services are
accessible for--
``(i) individuals with limited English
proficiency, including instructions on how to--
``(I) access telehealth platforms;
``(II) utilize interpreter
services; and
``(III) integrate telehealth and
virtual interpreter services; and
``(ii) individuals with Disabilities,
including instructions on accessibility of the
telecommunications system being used for
telehealth services, engagement with
beneficiaries with disabilities prior to,
during, and after the furnishing of the
telehealth service, and training on captioning
and transcripts.
``(B) Accounting for age and other differences.--
Resources, guidance, and training sessions issued under
this paragraph shall account for age and
sociodemographic, geographic, literacy, cultural,
cognitive, and linguistic differences in how
individuals interact with technology.''.
(b) Study and Report on Tactics To Improve Beneficiary Engagement
on Telehealth.--
(1) Study.--The Secretary of Health and Human Services
shall collect and analyze qualitative and quantitative data on
strategies that clinicians, payers, and other health care
organizations use to improve beneficiary engagement on
telehealth services (as defined in section 1834(m)(4)(F) of the
Social Security Act (42 U.S.C. 1395m(m)(4)(F))), with an
emphasis on underserved communities, such as the use of digital
navigators, providing patients with pre-visit information on
telehealth, caregiver engagement, and training on
telecommunications systems, and the investments necessary for
health care professionals to effectively furnish telehealth
services, including the costs of necessary technology and of
training staff.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to Congress
and make available on the internet website of the Centers for
Medicare & Medicaid Services a report containing the results of
the study under paragraph (1), together with recommendations
for such legislation and administrative action as the Secretary
determines appropriate.
(c) Funding.--There are authorized to be appropriated such sums as
necessary to carry out the provisions of, including the amendments made
by, this section.
SEC. 302. PROVIDER SUPPORTS ON TELEHEALTH.
(a) Educational Resources and Training Sessions.--Not later than 6
months after the date of enactment of this Act, the Secretary of Health
and Human Services shall develop and make available to health care
professionals educational resources and training sessions on
requirements relating to the furnishing of telehealth services under
section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) and
topics including--
(1) requirements for payment for telehealth services;
(2) telehealth-specific health care privacy and security
training;
(3) utilizing telehealth services to engage and support
underserved, high-risk, and vulnerable patient populations; and
(4) other topics as determined appropriate by the
Secretary.
(b) Telehealth Resource Centers.--The Secretary shall consider
including technical assistance, education, and training on telehealth
services as a required activity for telehealth resource centers under
section 330I of the Public Health Service Act (42 U.S.C. 254c-14).
(c) Funding.--There are authorized to be appropriated such sums as
necessary to carry out this section.
SEC. 303. ENSURING THE INCLUSION OF TELEHEALTH IN MEASURING QUALITY OF
CARE.
Section 1890A of the Social Security Act (42 U.S.C. 1395aaa-1) is
amended by adding at the end the following new subsection:
``(h) Measuring Quality of Telehealth Services.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Secretary shall review
quality measures to ensure inclusion of measures relating to
telehealth services, including care, prevention, diagnosis,
patient experience, health outcomes, and treatment.
``(2) Consultation.--In conducting the review and
assessment under paragraph (1), the Secretary shall consult
external technical experts in quality measurement, including
patient organizations, providers, and experts in telehealth.
``(3) Review and assessment.--The review and assessment
under this subsection shall--
``(A) include review of existing and under
development quality measures to identify measures that
are currently inclusive of, and measures that fail to
account for, telehealth services; and
``(B) identify gaps in areas of quality measurement
that relate to telehealth services, including health
outcomes and patient experience of care.
``(4) Technical guidance.--The Secretary shall issue
technical guidance on--
``(A) how to effectively streamline, implement, and
assign accountability for health outcomes for quality
measures for telehealth services across health care
settings and providers;
``(B) how to stratify measures by care modality and
population to identify differences in health outcomes;
``(C) the use of uniform data elements;
``(D) how to identify and catalogue best practices
related to the use of quality measurement and quality
improvement for telehealth services; and
``(E) other areas determined appropriate by the
Secretary.
``(5) Report.--Not later than 2 years after the date of the
enactment of this subsection, the Secretary shall submit to
Congress and post on the internet website of the Centers for
Medicare & Medicaid Services a report on the review and
assessment conducted under this subsection.''.
SEC. 304. POSTING OF INFORMATION ON TELEHEALTH SERVICES.
Not later than 180 days after the date of enactment, and quarterly
thereafter, the Secretary of Health and Human Services shall post on
the internet website of the Centers for Medicare & Medicaid Services
information on--
(1) the furnishing of telehealth services under the
Medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.), described by patient population, type
of service, geography, place of service, and provider type;
(2) the impact of telehealth services on expenditures and
utilization under the Medicare program; and
(3) other outcomes related to the furnishing of telehealth
services under the Medicare program, as determined appropriate
by the Secretary.
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