Text: H.R.7338 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (06/25/2020)


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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