I 

118TH CONGRESS 

1ST SESSION H. R. 1110 

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 Children’s Health Insurance programs during the COVID–19 emergency. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 21, 2023 

Mr. BALDERSON (for himself, Mrs. LEE of Nevada, Mrs. HINSON, and Mr. 

NEGUSE) introduced the following bill; which was 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 

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 Children’s Health Insurance 

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, 


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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 2023’’ or the ‘‘KEEP Telehealth Options Act of 2023’’. 

5 SEC. 2. STUDIES AND REPORTS ON THE EXPANSION OF AC6 CESS TO TELEHEALTH SERVICES DURING 

7 THE COVID–19 EMERGENCY. 

8 (a) HHS.— 

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

10 after the date of the enactment of this Act, the Sec11 retary, in consultation with the Administrator, shall 

12 conduct a study and submit to Congress a report on 

13 actions taken by the Secretary during the emergency 

14 period described in section 1135(g)(1)(B) of the So15 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)) and 

16 through December 31, 2024, to expand access to 

17 telehealth services under the Medicare program, the 

18 Medicaid program, and the Children’s Health Insur19 ance program. Such report shall include the fol20 lowing: 

21 (A) A comprehensive list of telehealth serv22 ices available under such programs and an ex23 planation of all actions undertaken by the Sec24 retary during such emergency period and 

25 through December 31, 2024, to expand access 

26 to such services. 


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1 (B) A comprehensive list of types of pro2 viders that may be reimbursed for such services 

3 furnished under such programs during such pe4 riod and through December 31, 2024, including 

5 a list of services which may only be reimbursed 

6 under such programs during such period and 

7 through December 31, 2024, if furnished by 

8 such providers in-person. 

9 (C) A quantitative analysis of the use of 

10 such telehealth services under such programs 

11 during such period and through December 31, 

12 2024, including data points on use by rural, mi13 nority, low-income, and elderly populations. 

14 (D) A quantitative analysis of the use of 

15 such services under such programs during such 

16 period and through December 31, 2024, for 

17 mental and behavioral health treatments. 

18 (E) An analysis of the public health im19 pacts of the actions described in subparagraph 

20 (A). 

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

22 180 days after the date of the enactment of this Act, 

23 the Secretary shall publish on the public website of 

24 the Department of Health and Human Services the 

25 report described in paragraph (1). 


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1 (b) MEDPAC AND MACPAC.— 

2 (1) IN GENERAL.—Not later than 1 year after 

3 the date of enactment of this Act, the Medicare Pay4 ment Advisory Commission and the Medicaid and 

5 CHIP Payment and Access Commission, in consulta6 tion with the Inspector General of the Department 

7 of Health and Human Services, shall each conduct 

8 a study and submit to Congress a report on— 

9 (A) any improvements to, or barriers in, 

10 access to telehealth services under— 

11 (i) in the case of the report submitted 

12 by the Medicare Payment Advisory Com13 mission, the Medicare program; and 

14 (ii) in the case of the report submitted 

15 by the Medicaid and CHIP Payment and 

16 Access Commission, the Medicaid and Chil17 dren’s Health Insurance programs; 

18 during the emergency period described in sub19 section (a)(1) and through December 31, 2024; 

20 and 

21 (B) what is known about any increased 

22 risk in increased fraudulent activity, including 

23 the types of fraudulent activity, that could be 

24 associated with the expansion of access to such 


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1 services under such programs during such pe2 riod and through December 31, 2024. 

3 (2) RECOMMENDATIONS.—The reports sub4 mitted under paragraph (1) shall include rec5 ommendations, as appropriate, on— 

6 (A) potential improvements to telehealth 

7 services, and expansions of such services, under 

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

9 and 

10 (B) possible approaches to addressing any 

11 fraudulent activity described in paragraph 

12 (1)(B). 

Æ 


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