II
116th CONGRESS
2d Session
S. 4375
IN THE SENATE OF THE UNITED STATES
July 30, 2020
Mr. Alexander 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 make permanent certain telehealth flexibilities under the Medicare program related to the COVID–19 public health emergency.
Short title
This Act may be cited as the Telehealth Modernization Act
.
Extending Medicare telehealth flexibilities
Expanding access to telehealth services
In general
Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)) is amended by adding at the end the following new clause:
Expanding access to telehealth services
With respect to telehealth services furnished beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B) of this clause, the term originating site means any site at which the eligible telehealth individual is located at the time the service is furnished via a telecommunications system, including the home of an individual.
.
Conforming amendments
Such section is amended—
in paragraph (2)(B)—
in clause (i), in the matter preceding subclause (I), by striking clause (ii)
and inserting clauses (ii) and (iii)
; and
by adding at the end the following new clause:
No facility fee for new sites
With respect to telehealth services furnished on or after the date of enactment of this clause, a facility fee shall only be paid under this subparagraph to an originating site that is described in paragraph (4)(C)(ii) (other than subclause (X) of such paragraph).
.
in paragraph (4)(C)—
in clause (i), in the matter preceding subclause (I), by inserting and clause (iii)
after and (7)
; and
in clause (ii)(X), by inserting prior to the first day after the end of the emergency period described in section 1135(g)(1)(B)
before the period;
in paragraph (5), by inserting and prior to the first day after the end of the emergency period described in section 1135(g)(1)(B)
after January 1, 2019,
;
in paragraph (6)(A), by inserting and prior to the first day after the end of the emergency period described in section 1135(g)(1)(B),
after January 1, 2019,
; and
in paragraph (7), by inserting and prior to the first day after the end of the emergency period described in section 1135(g)(1)(B),
after July 1, 2019,
.
Expanding practitioners eligible To furnish telehealth services
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended—
in paragraph (1), by striking (described in section 1842(b)(18)(C))
and inserting (defined in paragraph (4)(E))
; and
in paragraph (4)(E)—
by striking practitioner.—The term
and inserting “practitioner.—
In general
Subject to subparagraph (B), the term
; and
by adding at the end the following new subparagraph:
Expansion
The Secretary, after consulting with stakeholders regarding services that are clinically appropriate, may expand the types of practitioners who may furnish telehealth services to include any health care professional that is eligible to bill the program under this title for their professional services.
.
Retention of additional services and subregulatory process for modifications following emergency period
Section 1834(m)(4)(F) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)) is amended—
in clause (i), by inserting and clause (iii)
after paragraph (8)
;
in clause (ii), by striking The Secretary
and inserting Subject to clause (iii), the Secretary
; and
by adding at the end the following new clause:
Retention of additional services and subregulatory process for modifications following emergency period
With respect to telehealth services furnished after the last day of the emergency period described in section 1135(g)(1)(B), the Secretary may—
retain as appropriate the expanded list of telehealth services specified in clause (i) pursuant to the waiver authority under section 1135(b)(8) during such emergency period; and
retain the subregulatory process used to modify the services included on the list of such telehealth services pursuant to clause (ii) during such emergency period.
.
Enhancing telehealth services for federally qualified health centers and rural health clinics
Section 1834(m)(8) of the Social Security Act (42 U.S.C. 1395m(m)(8)) is amended—
in the paragraph heading by inserting and after
after during
;
in subparagraph (A), in the matter preceding clause (i), by inserting and after
after During
; and
in the first sentence of subparagraph (B)(i), by inserting and after
after during
.
Use of telehealth, as clinically appropriate, To conduct face-to-Face encounter for hospice care
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 inserting and after such emergency period as clinically appropriate
after 1135(g)(1)(B)
.
Use of telehealth, as clinically appropriate, To conduct face-to-Face clinical assessments for home dialysis
Clause (iii) of section 1881(b)(3)(B) of the Social Security Act (42 U.S.C. 1395rr(b)(3)(B)) is amended—
by moving such clause 4 ems to the left; and
by inserting and after such emergency period as clinically appropriate
before the period.
Implementation
Notwithstanding any provision of law, the Secretary may implement the provisions of, and amendments made by, this section by interim final rule, program instruction, or otherwise.