S.Amdt. 2563

SA 2563. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to
condemn gross human rights violations of ethnic Turkic Muslims in
Xinjiang, and calling for an end to arbitrary detention, torture, and
harassment of these communities inside and outside China; which was
ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. AUTHORITY TO EXTEND MEDICARE TELEHEALTH WAIVERS.

(a) Authority.--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 extend telehealth waivers and
policies.--
``(A) Authority.--Notwithstanding the preceding provisions
of this subsection and section 1135, subject to subparagraph
(B), if the emergency period under section 1135(g)(1)(B)
expires prior to December 31, 2021, the authority provided
the Secretary under section 1135(b)(8) to waive or modify
requirements with respect to a telehealth service, and
modifications of policies with respect to telehealth services
made by interim final rule applicable to such period, shall
be extended through December 31, 2021.
``(B) No requirement to extend.-- Nothing in subparagraph
(A) shall require the Secretary to extend any specific waiver
or modification or modifications of policies that the
Secretary does not find appropriate for extension.
``(C) Implementation.--Notwithstanding any provision of
law, the provisions of this paragraph may be implemented by
interim final rule, program instructions or otherwise.''.
(b) MedPAC Evaluation and Report.--
(1) Study.--
(A) In general.--The Medicare Payment Advisory Commission
(in this subsection referred to as the ``Commission'') shall
conduct an evaluation of--
(i) the expansions of telehealth services under part B of
title XVII of the Social Security Act related to the COVID-19
public health emergency described in section 1135(g)(1)(B) of
such Act (42 U.S.C. 1320b-5(g)(1)(B)); and
(ii) the appropriate treatment of such expansions after the
expiration of such public health emergency.
(B) Analysis.--The evaluation under subparagraph (A) shall
include an analysis of each the following:
(i) Which, if any, of such expansions should be continued
after the expiration of the such public health emergency,
(ii) Whether any such continued expansions should be
limited to, or differentially applied to, clinicians
participating in certain value-based payment models.
(iii) How Medicare should pay for telehealth services after
the expiration of such public health emergency, and the
implications of payment approaches on aggregate Medicare
program spending,
(iv) Medicare program integrity and beneficiary safeguards
that may be warranted with the coverage of telehealth
services.
(v) The implications of expanded Medicare coverage of
telehealth services for beneficiary access to care and the
quality of care provided via telehealth.
(vi) Other areas determined appropriate by the Commission.
(2) Report.--Not later than June 15, 2021, the Commission
shall submit to Congress a report containing the results of
the evaluation conducted under paragraph (1), together with
recommendations for such legislation and administrative
action as the Commission determines appropriate.
(c) HHS Provision of Information and Study and Report.--
(1) Pre-covid-19 public health emergency telehealth
authority.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Health and Human
Services (in this subsection referred to as the
``Secretary'') shall make available on the internet website
of the Centers for Medicare & Medicaid Services information
describing the requirements applicable to telehealth services
and other virtual services under the original Medicare fee-
for-service program under parts A and B of title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) and the Medicare
Advantage program under part C of such title prior to the
waiver or modification of such requirements during the
emergency period described in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), as
established by statute, regulation, and sub-regulatory
guidance under such title.
(2) Study and report.--
(A) Study.--The Secretary shall conduct a study on the
impact of telehealth and other virtual services furnished
under the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) during the emergency
period described in section 1135(g)(1)(B) of such Act (42
U.S.C. 1320b-5(g)(1)(B)). In conducting such study, the
Secretary shall--
(i) assess the impact of such services on access to care,
health outcomes, and spending by type of physician,
practitioner, or other entity, and by patient demographics
and other characteristics that include--

(I) age, gender, race, and type of eligibility for the
Medicare program;
(II) dual eligibility for both the Medicare program and the
Medicaid program under title XIX of such Act (42 U.S.C. 1396
et seq.);
(III) residing in an area of low-population density or a
health professional shortage area (as defined in section
332(a)(1)(A) of the Public Health Service Act (42 U.S.C.
254e(a)(1)(A))) ;
(IV) diagnoses, such as a diagnosis of COVID-19, a chronic
condition, or a mental health disorder or substance use
disorder;
(V) telecommunication modality used, including extent to
which the services are furnished using audio-only technology;
(VI) residing in a State other than the State in which the
furnishing physician, practitioner, or other entity is
located; and
(VII) other characteristics and information determined
appropriate by the Secretary; and

(ii) to the extent feasible, assess such impact based on--

(I) the type of technology used to furnish the service;
(II) the extent to which patient privacy is protected;
(III) the extent to which documented or suspected fraud or
abuse occurred; and
(IV) patient satisfaction.

(B) Use of information.--The Secretary may use reliable
non-governmental sources of information in assessing the
impact of characteristics described in subparagraph (A) under
the study.
(C) Report.--

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(i) Interim provision of information.--The Secretary shall,
as determined appropriate, periodically during such emergency
period, post on the internet website of the Centers for
Medicare & Medicaid services data on utilization of
telehealth and other virtual services under the Medicare
program and the impact of characteristics described in
subparagraph (A) on such utilization.
(ii) Report.--Not later than 15 months after date of
enactment of this Act, the Secretary shall submit to Congress
a report on the study conducted under subparagraph (A),
together with recommendations for such legislation and
administrative action as the Secretary determines
appropriate.
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