II 

117TH CONGRESS 

1ST SESSION S. 620 

To direct the Secretary of Health and Human Services, the Medicare Payment 

Advisory Commission, and the Medicaid and CHIP Payment and Access 

Commission to conduct studies and report to Congress on actions taken 

to expand access to telehealth services under the Medicare, Medicaid, 

and CHIP programs during the COVID–19 emergency. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2021 

Mrs. FISCHER (for herself and Ms. ROSEN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To direct the Secretary of Health and Human Services, 

the Medicare Payment Advisory Commission, and the 

Medicaid and CHIP Payment and Access Commission 

to conduct studies and report to Congress on actions 

taken to expand access to telehealth services under the 

Medicare, Medicaid, and CHIP programs during the 

COVID–19 emergency. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 620 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Knowing the Efficiency 

3 and Efficacy of Permanent Telehealth Options Act of 

4 2021’’ or the ‘‘KEEP Telehealth Options Act of 2021’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) On January 21, 2020, the United States 

8 confirmed the Nation’s first case of the 2019 novel 

9 coronavirus (which presents as the disease COVID– 

10 19). 

11 (2) On January 31, 2020, the Secretary of 

12 Health and Human Services (in this Act referred to 

13 as the ‘‘Secretary’’) declared a public health emer14 gency in response to COVID–19. 

15 (3) By March, the disease reached the pan16 demic level according to the World Health Organiza17 tion, and the President proclaimed the COVID–19 

18 outbreak in the United States to constitute a na19 tional emergency. 

20 (4) This emergency declaration authorizes the 

21 Secretary ‘‘to temporarily waive or modify certain 

22 requirements of the Medicare, Medicaid, and State 

23 Children’s Health Insurance programs and of the 

24 Health Insurance Portability and Accountability Act 

25 Privacy Rule throughout the duration of the public 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 620 IS

1 health emergency declared in response to the 

2 COVID–19 outbreak’’. 

3 (5) Under this authority, the Secretary, and the 

4 Administrator of the Centers for Medicare & Med5 icaid Services (in this Act referred to as the ‘‘Ad6 ministrator’’) acting under the Secretary’s authority, 

7 issued numerous rules, regulations, and waivers ena8 bling the expansion of telehealth services during the 

9 public health emergency. 

10 (6) Telehealth services play a critical role in en11 hancing access to care for patients while simulta12 neously reducing the risk of exposure to the 

13 coronavirus for both patients and providers. 

14 (7) The Administrator expanded access to tele15 health services under the public health emergency to 

16 all Medicare beneficiaries (including clinician-pro17 vided services to new and established patients). 

18 (8) On April 23, 2020, the Administrator re19 leased a telehealth toolkit to assist States in expand20 ing the use of telehealth through Medicaid and 

21 CHIP. 

22 (9) Expanded telehealth options are valuable 

23 for all Americans during this public health crisis, 

24 but especially for high-risk patients and rural Ameri25 cans who already have difficulty accessing care. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 620 IS

1 SEC. 3. STUDIES AND REPORTS ON THE EXPANSION OF AC2 CESS TO TELEHEALTH SERVICES DURING 

3 THE COVID–19 EMERGENCY. 

4 (a) HHS.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the Sec7 retary, in consultation with the Administrator, shall 

8 conduct a study and submit to Congress a report on 

9 actions taken by the Secretary during the emergency 

10 period described in section 1135(g)(1)(B) of the So11 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)) to 

12 expand access to telehealth services under the Medi13 care program, the Medicaid program, and the Chil14 dren’s Health Insurance Program. Such report shall 

15 include the following: 

16 (A) A comprehensive list of telehealth serv17 ices available under such programs and an ex18 planation of all actions undertaken by the Sec19 retary during the emergency period described in 

20 such paragraph to expand access to such serv21 ices. 

22 (B) A comprehensive list of types of pro23 viders that may be reimbursed for such services 

24 furnished under such programs during such pe25 riod, including a list of services which may only 

26 be reimbursed under such programs during 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 620 IS

1 such period if furnished by such providers in2 person. 

3 (C) A quantitative analysis of the use of 

4 such telehealth services under such programs 

5 during such period, including data points on 

6 use by rural, minority, low-income, and elderly 

7 populations. 

8 (D) A quantitative analysis of the use of 

9 such services under such programs during such 

10 period for mental and behavioral health treat11 ments. 

12 (E) An analysis of the public health im13 pacts of the actions described in subparagraph 

14 (A). 

15 (2) PUBLICATION OF REPORT.—Not later than 

16 180 days after the date of the enactment of this Act, 

17 the Secretary shall publish on the public website of 

18 the Department of Health and Human Services the 

19 report described in paragraph (1). 

20 (b) MEDPAC REPORT.— 

21 (1) IN GENERAL.—Not later than 210 days 

22 after the date of enactment of this Act, the Medicare 

23 Payment Advisory Commission shall, in consultation 

24 with the Office of the Inspector General of the DeVerDate Sep 11 2014 01:19 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S620.IS S620

kjohnson on DSK79L0C42PROD with BILLS
6 

•S 620 IS

1 partment of Health and Human Services, conduct a 

2 study and submit to Congress a report on— 

3 (A) the efficiency, management, and suc4 cess and failures of the expansion of access to 

5 telehealth services under the Medicare program 

6 during the emergency period described in sub7 section (a)(1); and 

8 (B) any risk in increased fraudulent activ9 ity, and types of fraudulent activity, associated 

10 with such expansion. 

11 (2) RECOMMENDATIONS.—The report sub12 mitted under paragraph (1) shall include rec13 ommendations on— 

14 (A) potential improvements to telehealth 

15 services, and expansions of such services, under 

16 the Medicare program; and 

17 (B) ways to address any fraudulent activ18 ity described in paragraph (1)(B). 

19 (c) MACPAC REPORT.— 

20 (1) IN GENERAL.—Not later than 210 days 

21 after the date of enactment of this Act, the Medicaid 

22 and CHIP Payment and Access Commission shall, 

23 in consultation with the Office of the Inspector Gen24 eral of the Department of Health and Human ServVerDate Sep 11 2014 01:19 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S620.IS S620

kjohnson on DSK79L0C42PROD with BILLS
7 

•S 620 IS

1 ices, conduct a study and submit to Congress a re2 port on— 

3 (A) the efficiency, management, and suc4 cess and failures of the expansion of access to 

5 telehealth services under the Medicaid program 

6 and the Children’s Health Insurance Program 

7 during the emergency period described in sub8 section (a)(1); and 

9 (B) any risk in increased fraudulent activ10 ity, and types of fraudulent activity, associated 

11 with such expansion. 

12 (2) RECOMMENDATIONS.—The report sub13 mitted under paragraph (1) shall include rec14 ommendations on— 

15 (A) potential improvements to telehealth 

16 services, and expansions of such services, under 

17 the programs described in paragraph (1)(A); 

18 and 

19 (B) ways to address any fraudulent activ20 ity described in paragraph (1)(B). 

21 (d) DATA.—In conducting the studies and creating 

22 the reports required under this section, the Secretary, the 

23 Medicare Payment Advisory Commission, and the Med24 icaid and CHIP Payment and Access Commission shall 

25 review the most recent claims data from the Medicare proVerDate Sep 11 2014 01:19 Apr 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S620.IS S620

kjohnson on DSK79L0C42PROD with BILLS
8 

•S 620 IS

1 gram, the Medicaid program, and the Children’s Health 

2 Insurance Program (as applicable) that is available as of 

3 the date of enactment of this Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS