H.R. 8489

Greater Access to Telehealth Act

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I

117th CONGRESS

2d Session

H. R. 8489

IN THE HOUSE OF REPRESENTATIVES

July 26, 2022

Mr. Schweikert (for himself, Mrs. Miller-Meeks, and Mr. Carter of Georgia) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 extend certain telehealth services and requirements, and for other purposes.

1.

Short title

This Act may be cited as the Greater Access to Telehealth Act.

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, 2026, 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, 2026; 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, 2026, 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, 2026.

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, 2026, for the period beginning on the first day after the end of such emergency period and ending on December 31, 2026.

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, 2026, during the period beginning on the first day after the end of such emergency period and ending on December 31, 2026.

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, 2027 (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, 2027 (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, 2027 (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, 2026, 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, 2026.

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, 2026, 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, 2026.

8.

Extension of safe harbor for absence of deductible for telehealth

Section 223(c)(2)(E) of the Internal Revenue Code of 1986 is amended by striking and before January 1, 2023, and inserting and before January 1, 2027,.

9.

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 $0.