S. 2812Senate110th Congress (2007-2009)In Committee

Medicare Telehealth Improvement Act of 2008

Introduced April 3, 2008

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

April 3, 2008

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SenateIntro Referral

Introduced in Senate

April 3, 2008

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2437-2438)

April 3, 2008

SenateIntro Referral

Read twice and referred to the Committee on Finance.

April 3, 2008

Floor Debate

9 members

What members said about S. 2812 on the floor

3 Republicans6 Democrats
Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Apr 3, 2008

Mr. President, Americans are facing economic challenges at every turn. They see jobs disappearing, homes being foreclosed, debts soaring, and benefits worth less and less. Now families are finding…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Apr 3, 2008

Mr. President, I rise today with my esteemed colleagues--Senator Olympia Snowe of Maine and Senator Edward Kennedy of Massachusetts--to introduce a timely and vital piece of legislation, the Economic…

Ken Salazar
Sen. Ken SalazarD-CO · Apr 3, 2008

Mr. President, today I am proud to introduce the National Park Centennial Fund Act, a bill that will help restore the grandeur of our national parks in preparation for the 100th birthday of the…

Kent Conrad
Sen. Kent ConradD-ND · Apr 3, 2008

Mr. President, today I rise with my colleague, Senator Stabenow, to introduce an important piece of legislation for Medicare beneficiaries living in rural areas. The Medicare Telehealth Improvement…

Kent Conrad
Sen. Kent ConradD-ND · Apr 3, 2008

Mr. President, today I rise with my colleague, Senator Stabenow, to introduce an important piece of legislation for Medicare beneficiaries living in rural areas. The Medicare Telehealth Improvement…

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Susan M. Collins
Sen. Susan M. CollinsR-ME · Apr 3, 2008

Mr. President, I am proud to join Senator Salazar in introducing the National Park Centennial Fund Act. This bill celebrates the 100th anniversary of the National Park System by infusing our parks…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Apr 3, 2008

Mr. President, today, I am introducing a bill, with Senator Domenici's support, that would authorize the Bureau of Reclamation to help communities in eastern New Mexico develop the Eastern New Mexico…

Lindsey Graham
Sen. Lindsey GrahamR-SC · Apr 3, 2008

Mr. President, I rise in support of the reauthorization of the TANF Supplemental Grant program. Today Senator Rockefeller and I introduced legislation that would reauthorize these grants and more…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Apr 3, 2008

I am pleased to join with my good friend, Senator Kent Conrad, in introducing the Medicare Telehealth Improvement Act, which improves access for many Medicare beneficiaries by expanding telehealth…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Apr 3, 2008

I am pleased to join with my good friend, Senator Kent Conrad, in introducing the Medicare Telehealth Improvement Act, which improves access for many Medicare beneficiaries by expanding telehealth…

George V. Voinovich
Sen. George V. VoinovichR-OH · Apr 3, 2008

Mr. President, I rise today to introduce legislation to correct what I perceive to be an anomaly in the law. I am grateful to be joined in my efforts by my good friend and partner in human capital…

Bill Text

Latest available legislative text

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Introduced in SenateIssued April 3, 2008

II

110th CONGRESS

2d Session

S. 2812

IN THE SENATE OF THE UNITED STATES

April 3, 2008

Mr. Conrad (for himself and Ms. Stabenow) 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 improve the provision of telehealth services under the Medicare program.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Medicare Telehealth Improvement Act of 2008.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Increase in number of types of originating sites.

Sec. 3. Expansion of practitioners eligible to furnish telehealth services.

Sec. 4. Improvement of process for updating the list of telehealth services.

2.

Increase in number of types of originating sites

(a)

Increase

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 subclauses:

(VI)

A skilled nursing facility (as defined in section 1819(a)).

(VII)

A renal dialysis facility.

(VIII)

A community mental health center (as defined in section 1861(ff)(3)(B)), a qualified community program described in 1913(b)(1) of the Public Health Service Act, and a county mental health clinic.

(IX)

Any other site that has a telecommunications system.

.

(b)

No facility fee for certain originating sites

Section 1834(m)(2) of the Social Security Act (42 U.S.C. 1395m(m)(2)) is amended—

(1)

in subparagraph (B), in the matter preceding clause (i), by striking With respect and inserting Subject to subparagraph (D), with respect; and

(2)

by adding at the end the following new subparagraph:

(D)

No facility fee for certain originating sites

(i)

In general

No facility fee shall be paid to an originating site described in paragraph (4)(C)(ii)(IX).

(ii)

No change in payment to distant site

Clause (i) shall not be construed to affect the payment to a distant site under subparagraph (A).

.

(c)

Effective date

The amendments made by this section shall apply to services furnished on or after the date that is 90 days after the date of enactment of this Act.

3.

Expansion of practitioners eligible to furnish telehealth services

(a)

In general

Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended—

(1)

in paragraph (1), by striking (as defined in section 1861(r)) or a practitioner (described in section 1842(b)(18)(C)) and inserting or a practitioner; and

(2)

in paragraph (4), by striking subparagraph (E) and inserting the following new subparagraph:

(E)

Practitioner

The term practitioner means—

(i)

a practitioner described in section 1842(b)(18)(C);

(ii)

a physical therapist (as described in section 1861(p));

(iii)

an occupational therapist (as so described);

(iv)

a qualified speech-language pathologist (as defined in section 1861(ll)(3)(A));

(v)

a qualified audiologist (as defined in section 1861(ll)(3)(B));

(vi)

a certified provider (as described in section 1861(qq)(2)(A)); and

(vii)

any other individual or entity determined appropriate by the Secretary.

.

(b)

Effective date

The amendments made by subsection (a) shall apply to services furnished on or after the date that is 90 days after the date of enactment of this Act.

4.

Improvement of process for updating the list of telehealth services

(a)

In general

Section 1834(m)(4)(F)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)(ii)) is amended by adding at the end the following sentences: Such process shall require the Secretary to take into account the recommendations of the Telehealth Advisory Committee (as established under section 4(b) of the Medicare Telehealth Improvement Act of 2008) when adding or deleting services (and HCPCS codes). If the Secretary does not implement a recommendation of the Telehealth Advisory Committee, the Secretary shall publish in the Federal Register a statement regarding the reason such recommendation was not implemented..

(b)

Telehealth Advisory Committee

(1)

Establishment

On and after the date that is 6 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 have in place a Telehealth Advisory Committee (in this subsection referred to as the Advisory Committee) to make recommendations to the Secretary on the appropriate addition or deletion of services (and HCPCS codes) to those 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.

(2)

Membership; terms

(A)

Membership

(i)

In general

The Advisory Committee shall be composed of 7 members, to be appointed by the Secretary, of whom—

(I)

five shall be practicing physicians; and

(II)

two shall be practicing non-physician health care providers.

(ii)

Requirements for appointing members

In appointing members of the Advisory Committee, the Secretary shall—

(I)

ensure that each member has prior experience with the practice of telemedicine or telehealth;

(II)

give preference to individuals who are currently providing telemedicine or telehealth services;

(III)

ensure that the membership of the Advisory Committee represents a balance of specialties and geographic regions; and

(IV)

take into account the recommendations of stakeholders.

(B)

Terms

The members of the Advisory Committee shall serve for such term as the Secretary may specify.

(3)

Meetings

The Advisory Committee shall meet twice per year and at such other times as the Advisory Committee may provide.

(4)

Permanent committee

Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee.

(5)

Waiver of Administrative Limitation

The Secretary shall establish the Advisory Committee notwithstanding any limitation that may apply to the number of advisory committees that may be established (within the Department of Health and Human Services or otherwise).