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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9457 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 785
118th CONGRESS
  2d Session
                                H. R. 9457

                      [Report No. 118-876, Part I]

    To amend the Employee Retirement Income Security Act of 1974 to 
 prohibit increased payments under a group health plan or group health 
  insurance coverage for telehealth services furnished by a provider 
                         located at a facility.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 6, 2024

 Mr. Bean of Florida introduced the following bill; which was referred 
to the Committee on Education and the Workforce, 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

                           December 16, 2024

  Reported from the Committee on Education and the Workforce with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 16, 2024

Referral to the Committee on Energy and Commerce extended for a period 
                ending not later than December 19, 2024

                           December 19, 2024

Committee on Energy and Commerce discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           September 6, 2024]

_______________________________________________________________________

                                 A BILL

 
    To amend the Employee Retirement Income Security Act of 1974 to 
 prohibit increased payments under a group health plan or group health 
  insurance coverage for telehealth services furnished by a provider 
                         located at a facility.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparent Telehealth Bills Act of 
2024''.

SEC. 2. PROHIBITING INCREASED PAYMENTS UNDER A GROUP HEALTH PLAN OR 
              GROUP HEALTH INSURANCE COVERAGE FOR TELEHEALTH SERVICES 
              FURNISHED BY A PROVIDER LOCATED AT A FACILITY.

    (a) In General.--Subpart B of part 7 of subtitle B of title I of 
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et 
seq.) is amended by adding at the end the following new section:

``SEC. 726. PROHIBITION ON INCREASED PAYMENTS FOR TELEHEALTH SERVICES 
              FURNISHED BY A PROVIDER LOCATED AT A FACILITY.

    ``(a) In General.--In the case of a telehealth service furnished to 
a participant or beneficiary of a group health plan or group health 
insurance coverage by a health care provider located at a health care 
facility, the total amount recognized by such plan or coverage as 
payment for such service (including any facility fee or other amount 
that may be billed separately by such facility in relation to such 
provider's furnishing of such service) may not exceed the total amount 
that would have been recognized by such plan or coverage as payment for 
such service had such provider not been located at such a facility.
    ``(b) Telehealth Service Defined.--For purposes of this section, 
the term `telehealth service' means a service furnished by a health 
care provider via a telecommunications system where such provider is 
not at the same location as the individual receiving such service.''.
    (b) Clerical Amendment.--The table of contents in section 1 of such 
Act is amended by inserting after the item relating to section 725 the 
following new item:

``Sec. 726. Prohibition on increased payments for telehealth services 
                            furnished by a provider located at a 
                            facility.''.
    (c) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on what is known about the use of 
telehealth under group health plans and group or individual health 
insurance coverage (as such terms are defined in section 2791 of the 
Public Health Service Act (42 U.S.C. 1395x)). Such report shall include 
the following:
            (1) Trends and statistics regarding the use of telehealth 
        for specific types of care, including primary care, mental 
        health care, and specialty care.
            (2) Trends and statistics regarding the availability, 
        access, and utilization of telehealth services by individuals 
        residing in rural areas and urban areas.
            (3) Trends and statistics regarding the application of 
        hospital facility fees in the context of telehealth services.
            (4) Trends and statistics regarding how individuals access 
        telehealth services, including with respect to the devices used 
        and tools offered by such plans and issuers of such coverage to 
        facilitate access to such services and with respect to the 
        utilization of audio-only telehealth services.
            (5) Trends and statistics with respect to individuals 
        accessing telehealth services provided from physicians or other 
        medical professionals residing in a State other than the State 
        that the individual is located in while receiving such services 
        and with respect to applicable State laws or State-to-State 
        compacts that impact cross-State provision of telehealth 
        services.
            (6) Trends and statistics regarding payment and 
        reimbursement for telehealth services.
            (7) Trends and statistics regarding premiums for such plans 
        and coverage offering telehealth services.
    (d) Effective Date.--The amendment made by subsection (a) shall 
apply to plan years beginning on or after January 1, 2026.

SEC. 3. PROHIBITING HEALTH CARE PROVIDERS AND FACILITIES FROM IMPOSING 
              CERTAIN FACILITY FEES FOR TELEHEALTH.

    (a) In General.--Subtitle B of title I of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended by 
adding at the end the following new part:

``PART 9--BILLING REQUIREMENTS FOR HEALTH CARE FACILITIES AND PROVIDERS

``SEC. 901. LIMITATION ON TELEHEALTH FACILITY FEES.

    ``A health care facility may not bill a separate facility fee when 
a health care provider who provided telehealth services is authorized 
to bill independently for the professional services rendered.''.
    (b) Enforcement.--Section 502 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1132) is amended--
            (1) in subsection (a)(6), by striking ``or (9)'' and 
        inserting ``(9), or (13)''; and
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(13) If a health care provider or facility is found by 
        the Secretary to be in violation of section 901, the Secretary 
        may assess a civil monetary penalty against such provider or 
        facility in an amount not to exceed $10,000 per violation.''.
    (c) Clerical Amendment.--The table of contents of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended 
by inserting after the item relating to section 804 the following new 
item:

``Part 9--Billing Requirements for Health Care Facilities and Providers

``901. Limitation on telehealth facility fees.''.
                                                 Union Calendar No. 785

118th CONGRESS

  2d Session

                               H. R. 9457

                      [Report No. 118-876, Part I]

_______________________________________________________________________

                                 A BILL

    To amend the Employee Retirement Income Security Act of 1974 to 
 prohibit increased payments under a group health plan or group health 
  insurance coverage for telehealth services furnished by a provider 
                         located at a facility.

_______________________________________________________________________

                           December 19, 2024

Committee on Energy and Commerce discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
```