I 

118TH CONGRESS 

2D SESSION H. R. 7623 

To amend title XVIII of the Social Security Act to make permanent certain 

telehealth flexibilities under the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2024 

Mr. CARTER of Georgia (for himself, Ms. BLUNT ROCHESTER, Mr. STEUBE, 

Ms. SEWELL, Mrs. MILLER-MEEKS, Mrs. DINGELL, Mr. VAN DREW, and 

Mr. MORELLE) 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 amend title XVIII of the Social Security Act to make 

permanent certain telehealth flexibilities under the Medicare program. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Telehealth Moderniza5 tion Act of 2024’’. 


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1 SEC. 2. EXTENDING MEDICARE TELEHEALTH FLEXIBILI2 TIES. 

3 (a) EXPANDING ACCESS TO TELEHEALTH SERV4 ICES.— 

5 (1) IN GENERAL.—Section 1834(m)(4)(C)(iii) 

6 of the Social Security Act (42 U.S.C. 

7 1395m(m)(4)(C)(iii)) is amended by striking ‘‘In the 

8 case that’’ and all that follows through ‘‘2024,’’ and 

9 inserting ‘‘Beginning on the date of the enactment 

10 of the Telehealth Modernization Act,’’. 

11 (2) CONFORMING AMENDMENTS.—Section 

12 1834(m) of the Social Security Act (42 U.S.C. 

13 1395m(m)) is amended— 

14 (A) in paragraph (2)(B)(iii), by striking 

15 ‘‘In the case that’’ and all that follows through 

16 ‘‘ending December 31, 2024,’’ and inserting 

17 ‘‘With respect to telehealth services furnished 

18 on or after the date of the enactment of the 

19 Telehealth Modernization Act,’’; 

20 (B) in paragraph (4)(C)(ii)(X), by striking 

21 ‘‘, but only for purposes of section 

22 1881(b)(3)(B) or telehealth services described 

23 in paragraph (7)’’; 

24 (C) in paragraph (5), by inserting ‘‘and 

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1 health Modernization Act,’’ after ‘‘January 1, 

2 2019,’’; 

3 (D) in paragraph (6)(A), by inserting ‘‘and 

4 prior to the date of the enactment of the Tele5 health Modernization Act,’’ after ‘‘January 1, 

6 2019,’’; and 

7 (E) in paragraph (7), by adding at the end 

8 the following new subparagraph: 

9 ‘‘(C) SUNSET.—The provisions of this 

10 paragraph shall not apply with respect to serv11 ices furnished on or after the date of the enact12 ment of this subparagraph.’’. 

13 (b) EXPANDING PRACTITIONERS ELIGIBLE TO FUR14 NISH TELEHEALTH SERVICES.—Section 1834(m) of the 

15 Social Security Act (42 U.S.C. 1395m(m)) is amended— 

16 (1) in paragraph (1), by striking ‘‘(described in 

17 section 1842(b)(18)(C))’’ and inserting ‘‘(defined in 

18 paragraph (4)(E))’’; and 

19 (2) in paragraph (4)(E)— 

20 (A) by striking ‘‘PRACTITIONER.—The 

21 term’’ and inserting ‘‘PRACTITIONER.— 

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), the term’’; 

24 (B) in subparagraph (A), as so inserted, by 

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1 riod described in section 1135(g)(1)(B) ends 

2 before December 31, 2024, for the period be3 ginning on the first day after the end of such 

4 emergency period and ending on December 31, 

5 2024,’’; and 

6 (C) by adding at the end the following new 

7 subparagraph: 

8 ‘‘(B) EXPANSION.—The Secretary, after 

9 consulting with stakeholders regarding services 

10 that are clinically appropriate, may expand the 

11 types of practitioners who may furnish tele12 health services to include any health care pro13 fessional that is eligible to bill the program 

14 under this title for their professional services.’’. 

15 (c) RETENTION OF ADDITIONAL SERVICES AND SUB16 REGULATORY PROCESS FOR MODIFICATIONS FOLLOWING

17 EMERGENCY PERIOD.—Section 1834(m)(4)(F) of the So18 cial Security Act (42 U.S.C. 1395m(m)(4)(F)) is amend19 ed— 

20 (1) in clause (i), by inserting ‘‘and clause (iii)’’ 

21 after ‘‘paragraph (8)’’; 

22 (2) in clause (ii), by striking ‘‘The Secretary’’ 

23 and inserting ‘‘Subject to clause (iii), the Sec24 retary’’; and 


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1 (3) by adding at the end the following new 

2 clause: 

3 ‘‘(iii) RETENTION OF ADDITIONAL

4 SERVICES AND SUBREGULATORY PROCESS

5 FOR MODIFICATIONS FOLLOWING EMER6 GENCY PERIOD.—With respect to tele7 health services furnished on or after the 

8 date of the enactment of this clause, the 

9 Secretary may— 

10 ‘‘(I) retain as appropriate the ex11 panded list of telehealth services spec12 ified in clause (i) pursuant to the 

13 waiver authority under section 

14 1135(b)(8) during the emergency pe15 riod described in section 

16 1135(g)(1)(B); and 

17 ‘‘(II) retain the subregulatory 

18 process used to modify the services in19 cluded on the list of such telehealth 

20 services pursuant to clause (ii) during 

21 such emergency period.’’. 

22 (d) ENHANCING TELEHEALTH SERVICES FOR FED23 ERALLY QUALIFIED HEALTH CENTERS AND RURAL

24 HEALTH CLINICS.—Section 1834(m)(8) of the Social Se25 curity Act (42 U.S.C. 1395m(m)(8)) is amended— 


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1 (1) in subparagraph (A), in the matter pre2 ceding clause (i), by striking ‘‘and, in the case’’ and 

3 all that follows through ‘‘2024—’’ and inserting 

4 ‘‘and after such period—’’; 

5 (2) in subparagraph (B)— 

6 (A) in the header, by inserting ‘‘BEFORE

7 2025’’ after ‘‘RULE’’; and 

8 (B) in clause (i), by striking ‘‘during the 

9 periods for which subparagraph (A) applies’’ 

10 and inserting ‘‘before January 1, 2025’’; and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(C) PAYMENT RULE FOR 2025 AND SUB14 SEQUENT YEARS.— 

15 ‘‘(i) IN GENERAL.—A telehealth serv16 ice furnished to an eligible telehealth indi17 vidual by a Federally qualified health cen18 ter or rural health clinic on or after Janu19 ary 1, 2025, shall be deemed to be so fur20 nished to such individual as an outpatient 

21 of such center or clinic (as applicable) for 

22 purposes of paragraphs (1) and (3), re23 spectively, of section 1861(aa), and pay24 able as a Federally qualified health center 

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1 plicable) under the prospective payment 

2 system established under section 1834(o) 

3 or the payment methodology established 

4 under section 1833(a)(3), respectively. 

5 ‘‘(ii) TREATMENT OF COSTS.—Costs 

6 associated with the delivery of telehealth 

7 services by a Federally qualified health 

8 center or rural health clinic on or after 

9 January 1, 2025, shall be considered allow10 able costs for purposes of the prospective 

11 payment system established under section 

12 1834(o) and any payment methodologies 

13 developed under section 1833(a)(3), as ap14 plicable.’’. 

15 (e) USE OF TELEHEALTH, AS CLINICALLY APPRO16 PRIATE, TO CONDUCT FACE-TO-FACE ENCOUNTER FOR

17 HOSPICE CARE.—Section 1814(a)(7)(D)(i)(II) of the So18 cial Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is 

19 amended by striking ‘‘, and, in the case’’ and all that fol20 lows through ‘‘ending on December 31, 2024,’’ and insert21 ing ‘‘and after such period, as clinically appropriate,’’. 

22 (f) USE OF TELEHEALTH, AS CLINICALLY APPRO23 PRIATE, TO CONDUCT FACE-TO-FACE CLINICAL ASSESS24 MENTS FOR HOME DIALYSIS.—Clause (iii) of section 


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1 1881(b)(3)(B) of the Social Security Act (42 U.S.C. 

2 1395rr(b)(3)(B)) is amended— 

3 (1) by moving such clause 4 ems to the left; 

4 and 

5 (2) by inserting ‘‘and after such emergency pe6 riod as clinically appropriate’’ before the period. 

7 (g) ALLOWING FOR THE USE OF AUDIO-ONLY TELE8 COMMUNICATIONS TECHNOLOGY.—Section 1834(m)(9) of 

9 the Social Security Act (42 U.S.C. 1395m(m)(9)) is 

10 amended— 

11 (1) by striking the first sentence and inserting 

12 the following: ‘‘The Secretary shall provide coverage 

13 and payment under this part for telehealth services 

14 identified in paragraph (4)(F)(i) as of the date of 

15 the enactment of this paragraph that are furnished 

16 via an audio-only communications system.’’; and 

17 (2) in the second sentence, by striking ‘‘during 

18 such emergency period’’ and inserting ‘‘during the 

19 emergency period described in section 

20 1135(g)(1)(B)’’. 

21 (h) IMPLEMENTATION.—Notwithstanding any provi22 sion of law, the Secretary may implement the provisions 

23 of, and amendments made by, this section by interim final 

24 rule, program instruction, or otherwise. 

Æ 


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