117th CONGRESS 2d Session |
To amend title XVIII of the Social Security Act to extend certain telehealth services and requirements, and for other purposes.
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
To amend title XVIII of the Social Security Act to extend certain telehealth services and requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Greater Access to Telehealth Act”.
SEC. 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—
(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
(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”.
SEC. 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”.
SEC. 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”.
SEC. 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))”.
SEC. 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”.
SEC. 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”.
SEC. 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,”.
SEC. 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”.