H.R. 4040House117th Congress (2021-2023)Passed House

Advancing Telehealth Beyond COVID–19 Act of 2022

Sponsored by Liz CheneyRep. Liz Cheney (R-WY)
Introduced June 22, 2021

AI-Generated Summary

Updated February 8, 2026 at 4:41 AM UTC

The Advancing Telehealth Beyond COVID‑19 Act of 2022 extends the Medicare telehealth flexibilities that were put in place for the COVID‑19 emergency. It keeps those flexibilities in place through Dec. 31, 2024 (or later if the emergency ends later) and expands who can provide telehealth, where it can be delivered, and what types of services are covered. The changes affect Medicare beneficiaries, health‑care providers, and federally funded health centers.

Key Provisions

  • Extends the period for Medicare telehealth coverage to Dec. 31, 2024, replacing the short 151‑day post‑emergency window.
  • Removes geographic restrictions and broadens the locations (originating sites) where telehealth can be provided.
  • Expands the list of practitioners eligible to furnish telehealth services under Medicare.
  • Allows federally qualified health centers and rural health clinics to continue offering telehealth through the extended period.
  • Delays the requirement for an in‑person mental‑health visit until Jan. 1, 2025 (or later if the emergency ends later).
  • Permits coverage and payment for audio‑only telehealth services through Dec. 31, 2024.
  • Authorizes the use of telehealth for the face‑to‑face encounter needed before hospice recertification during the emergency period.
  • Reduces the Medicare Improvement Fund allocation from $7.5 billion to $5.153 billion.

Legislative Activity

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18 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Finance.

July 28, 2022

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HouseIntro Referral

Introduced in House

June 22, 2021

HouseIntro Referral

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.

June 22, 2021

HouseCommittee

Referred to the Subcommittee on Health.

June 22, 2021

HouseCommittee

Referred to the Subcommittee on Health.

June 23, 2021

HouseFloor

Rules Committee Resolution H. Res. 1256 Reported to House. Rule provides for consideration of H.R. 263 and H.R. 4040. Resolution provides for one hour of general debate and one motion to recommit on each bill. H. Res. 517 is considered adopted.

July 26, 2022 • 3:43 PM

HouseFloor

Rule H. Res. 1256 passed House.

July 27, 2022 • 12:02 PM

HouseFloor

Considered under the provisions of rule H. Res. 1256. (consideration: CR H7189-7197)

July 27, 2022 • 12:40 PM

HouseFloor

Rule provides for consideration of H.R. 263 and H.R. 4040. Resolution provides for one hour of general debate and one motion to recommit on each bill. H. Res. 517 is considered adopted.

July 27, 2022 • 12:40 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 4040.

July 27, 2022 • 12:41 PM

HouseFloor

The previous question was ordered pursuant to the rule.

July 27, 2022 • 1:28 PM

HouseFloor

Mr. Schweikert moved to recommit to the Committee on Energy and Commerce.

July 27, 2022 • 1:28 PM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

July 27, 2022 • 1:28 PM

HouseFloor

POSTPONED PROCEEDINGS - The Chair put the question on the Schweikert motion to recommit and by voice vote, announced that the noes had prevailed. Mr. Schweikert demanded the yeas and nays and the Chair postponed further proceedings on the motion to recommit until a time to be announced.

July 27, 2022 • 1:28 PM

HouseFloor

Considered as unfinished business. (consideration: CR H7221-7223)

July 27, 2022 • 5:52 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 205 - 221 (Roll no. 399).

July 27, 2022 • 5:59 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 416 - 12 (Roll no. 400).(text: CR H7189-7190)

July 27, 2022 • 6:09 PM

HouseFloor

On passage Passed by recorded vote: 416 - 12 (Roll no. 400). (text: CR H7189-7190)

July 27, 2022 • 6:09 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 27, 2022 • 6:09 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Finance.

July 28, 2022

Floor Debate

23 members

What members said about H.R. 4040 on the floor

13 Republicans10 Democrats
Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jul 21, 2022

Mr. Speaker, I thank Mr. Scalise for yielding. Mr. Speaker, on Tuesday, the House will meet at 12 p.m. for morning hour and 2 p.m. for legislative business with votes postponed, as usual, to 6:30…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Jul 27, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, when it comes to bailouts, Congress just can't seem to help itself. Under President Biden, taxpayers have been forced to…

Daniel T. Kildee
Rep. Daniel T. KildeeD-MI-5 · Jul 27, 2022

Madam Speaker, pursuant to House Resolution 1254, I call up the bill (H.R. 6929) to increase the benefits guaranteed in connection with certain pension plans, and for other purposes, and ask for its…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Jul 21, 2022

Mr. Speaker, I yield to the gentleman from Maryland (Mr. Hoyer), my friend, the majority leader of the House. Mr. Speaker, there are a few bills that we have been hearing might come that weren't…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Jul 27, 2022

Mr. Speaker, I thank the Representative from California and my colleague on the Rules Committee for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Today, we are…

Show 8 more
Norma J. Torres
Rep. Norma J. TorresD-CA-35 · Jul 27, 2022

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1256 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Adrian Smith
Rep. Adrian SmithR-NE-3 · Jul 27, 2022

Madam Speaker, may I inquire how much time is remaining? Madam Speaker, I yield 2 minutes to the gentlewoman from Iowa (Mrs. Miller-Meeks). Madam Speaker, I yield 2 minutes to the gentleman from…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jul 27, 2022

Madam Speaker, pursuant to House Resolution 1256, I call up the bill (H.R. 4040) to amend title XVIII of the Social Security Act to extend telehealth flexibilities under the Medicare program, and for…

Jeff Duncan
Rep. Jeff DuncanR-SC-3 · Jul 27, 2022

Mr. Speaker, I thank the gentlewoman from Minnesota for yielding time. Mr. Speaker, I rise in opposition to the previous question so that we can amend the rule to immediately consider the Protecting…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jul 27, 2022

Madam Speaker, I rise in support of H.R. 4040 the Advancing Telehealth Beyond COVID-19 Act of 2021, which would make permanent several telehealth flexibilities under Medicare that were initially…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Jul 27, 2022

Madam Speaker, I have an amendment at the desk made in order under the rule. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, this amendment is simple and straightforward. It…

Earl L. "Buddy" Carter
Rep. Earl L. "Buddy" CarterR-GA-1 · Jul 27, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, one of my top priorities since I have been a Member of Congress has been to make sure that healthcare is accessible and…

Patrick Ryan
Rep. Patrick RyanD-NY-19 · Jul 27, 2022

Madam Speaker, 13 years; 13 years. I have been in Congress now for a little while, and I cannot begin to tell you what an example that the Delphi salaried retirees have set. It is the absolute gold…

Show 11 more
Bob Good
Rep. Bob GoodR-VA-5 · Jul 27, 2022

Madam Speaker, I rise today in strong opposition to H.R. 6929, another Democrat bailout bill by the sponsors of the nanny state. It is clear that ``Bidenflation'' is crushing the American people with…

Fred Keller
Rep. Fred KellerR-PA-12 · Jul 27, 2022

Madam Speaker, I thank the ranking member, Dr. Foxx, of North Carolina for yielding. Unlike the multi-employer pension program, which was recently injected with billions of taxpayer dollars, the…

Liz Cheney
Rep. Liz CheneyR-WY · Jul 27, 2022

Madam Speaker, I thank the chairman for yielding. I appreciate it. I am very pleased, Madam Speaker, that today the House will have the opportunity to vote on this important bipartisan legislation.…

David Schweikert
Rep. David SchweikertR-AZ-6 · Jul 27, 2022

Madam Speaker, you hear everyone here all say something nice. We all like telehealth. I am frustrated because I can't get my head around why we are not going further. Outside the internal political…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · Jul 27, 2022

Madam Speaker, I appreciate my colleague, Congresswoman Foxx, for yielding. We disagree from time to time, and this is one of those. I do agree that it shouldn't be seen as a partisan issue. The…

Mike Thompson
Rep. Mike ThompsonD-CA-5 · Jul 27, 2022

Madam Speaker, I rise in strong support of this legislation. I have been working on telehealth and telemedicine for nearly three decades, since my time in the California State Senate. As founder and…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jul 27, 2022

Madam Speaker, I rise in strong support of H.R. 6929, the ``Susan Muffley Act of 2022.'' H.R. 6929 is a bipartisan, bicameral effort to restore the retirement benefits for over 20,000 Delphi salaried…

Bill Johnson
Rep. Bill JohnsonR-OH-6 · Jul 27, 2022

Madam Speaker, this should be a happy occasion because major telehealth legislation is being brought to the floor on its own. Finally. As a co-chair of the bipartisan Congressional Telehealth Caucus,…

Lloyd Doggett
Rep. Lloyd DoggettD-TX-35 · Jul 27, 2022

Madam Speaker, with telehealth helping so many throughout this pandemic, we should certainly continue its benefits, as I proposed in bipartisan legislation last year, and for which I secured the…

Michael R. Turner
Rep. Michael R. TurnerR-OH-10 · Jul 27, 2022

Madam Speaker, I thank Ranking Member Foxx for yielding me time. I am an original cosponsor of this bill, H.R. 6929. This legislation restores the pensions of the Delphi Salaried Retirees. I am very…

Marcy Kaptur
Rep. Marcy KapturD-OH-9 · Jul 27, 2022

Madam Speaker, I thank Chairman Kildee for yielding time. Madam Speaker, a miracle is happening here. Michigan Wolverines and Ohio Buckeyes, on a bipartisan basis, are agreeing. Wow. Everybody should…

Bill Text

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Latest
Referred in SenateIssued July 28, 2022

IIB

117th CONGRESS

2d Session

H. R. 4040

IN THE SENATE OF THE UNITED STATES

July 28, 2022

Received; read twice and referred to the Committee on Finance

AN ACT

To amend title XVIII of the Social Security Act to extend telehealth flexibilities under the Medicare program, and for other purposes.


1.

Short title

This Act may be cited as the Advancing Telehealth Beyond COVID–19 Act of 2022.

2.

Removing geographic requirements and expanding originating sites for telehealth services

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

(1)

in paragraph (2)(B)(iii)—

(A)

by striking With and inserting In the case that the emergency period described in section 1135(g)(1)(B) ends before December 31, 2024, with; and

(B)

by striking that are furnished during the 151-day period beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B) and inserting that are furnished during the period beginning on the first day after the end of such emergency period and ending December 31, 2024; and

(2)

in paragraph (4)(C)(iii)—

(A)

by striking With and inserting In the case that the emergency period described in section 1135(g)(1)(B) ends before December 31, 2024, with; and

(B)

by striking that are furnished during the 151-day period beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B) and inserting that are furnished during the period beginning on the first day after the end of such emergency period and ending on December 31, 2024.

3.

Expanding 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 by striking and, for the 151-day period beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B) and inserting and, in the case that the emergency period described in section 1135(g)(1)(B) ends before December 31, 2024, for the period beginning on the first day after the end of such emergency period and ending on December 31, 2024.

4.

Extending telehealth services for federally qualified health centers and rural health clinics

Section 1834(m)(8)(A) of the Social Security Act (42 U.S.C. 1395m(m)(8)(A)) is amended by striking during the 151-day period beginning on the first day after the end of such emergency period and inserting in the case that such emergency period ends before December 31, 2024, during the period beginning on the first day after the end of such emergency period and ending on December 31, 2024.

5.

Delaying the in-person requirements under medicare for mental health services furnished through telehealth and telecommunications technology

(a)

Delay in requirements for mental health services furnished through telehealth

Section 1834(m)(7)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in the matter preceding subclause (I), by striking on or after the day that is the 152nd day after the end of the period at the end of the emergency sentence described in section 1135(g)(1)(B)) and inserting on or after January 1, 2025 (or, if later, the first day after the end of the emergency period described in section 1135(g)(1)(B)).

(b)

Mental health visits furnished by rural health clinics

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

(1)

in the heading, by striking to hospice patients; and

(2)

in paragraph (2), by striking prior to the day that is the 152nd day after the end of the emergency period described in section 1135(g)(1)(B)) and inserting prior to January 1, 2025 (or, if later, the first day after the end of the emergency period described in section 1135(g)(1)(B)).

(c)

Mental health visits furnished by federally qualified health centers

Section 1834(o)(4) of the Social Security Act (42 U.S.C. 1395m(o)(4) is amended—

(1)

in the heading, by striking to hospice patients; and

(2)

in subparagraph (B), by striking prior to the day that is the 152nd day after the end of the emergency period described in section 1135(g)(1)(B)) and inserting prior to January 1, 2025 (or, if later, the first day after the end of the emergency period described in section 1135(g)(1)(B)).

6.

Allowing for the furnishing of audio-only telehealth services

Section 1834(m)(9) of the Social Security Act (42 U.S.C. 1395m(m)(9)) is amended by striking The Secretary shall continue to provide coverage and payment under this part for telehealth services identified in paragraph (4)(F)(i) as of the date of the enactment of this paragraph that are furnished via an audio-only telecommunications system during the 151-day period beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B) and inserting In the case that the emergency period described in section 1135(g)(1)(B) ends before December 31, 2024, the Secretary shall continue to provide coverage and payment under this part for telehealth services identified in paragraph (4)(F)(i) that are furnished via an audio-only communications system during the period beginning on the first day after the end of such emergency period and ending on December 31, 2024.

7.

Use of telehealth to conduct face-to-face encounter prior to recertification of eligibility for hospice care during emergency period

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 and during the 151-day period beginning on the first day after the end of such emergency period and inserting and, in the case that such emergency period ends before December 31, 2024, during the period beginning on the first day after the end of such emergency period described in such section 1135(g)(1)(B) and ending on December 31, 2024.

8.

Funding from medicare improvement fund

Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395jjj(b)(1)) is amended by striking $7,500,000,000 and inserting $5,153,000,000.

9.

Program instruction authority

Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, including amendments made by, sections 2 through 7 through program instruction or otherwise.

10.

Determination of budgetary effects

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives July 27, 2022.

Cheryl L. Johnson,

Clerk.