II 

116TH CONGRESS 

2D SESSION S. 4216 

To direct the Secretary of Health and Human Services and the Comptroller 

General of the United States 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 SENATE OF THE UNITED STATES 

JULY 20, 2020 

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 and 

the Comptroller General of the United States 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, 

3 SECTION 1. SHORT TITLE. 

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

5 and Efficacy of Permanent Telehealth Options Act of 

6 2020’’ or the ‘‘KEEP Telehealth Options Act of 2020’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 4216 IS

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

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

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

5 coronavirus (which presents as the disease COVID– 

6 19). 

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

8 Health and Human Services (in this Act referred to 

9 as the ‘‘Secretary’’) declared a public health emer10 gency in response to COVID–19. 

11 (3) By March, the disease reached the pan12 demic level according to the World Health Organiza13 tion, and the President proclaimed the COVID–19 

14 outbreak in the United States to constitute a na15 tional emergency. 

16 (4) This emergency declaration authorizes the 

17 Secretary ‘‘to temporarily waive or modify certain 

18 requirements of the Medicare, Medicaid, and State 

19 Children’s Health Insurance programs and of the 

20 Health Insurance Portability and Accountability Act 

21 Privacy Rule throughout the duration of the public 

22 health emergency declared in response to the 

23 COVID–19 outbreak’’. 

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

25 Administrator of the Centers for Medicare & Med26 icaid Services (in this Act referred to as the ‘‘AdVerDate Sep 11 2014 01:59 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4216.IS S4216

pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 4216 IS

1 ministrator’’) acting under the Secretary’s authority, 

2 issued numerous rules, regulations, and waivers ena3 bling the expansion of telehealth services during the 

4 public health emergency. 

5 (6) Telehealth services play a critical role in en6 hancing access to care for patients while simulta7 neously reducing the risk of exposure to the 

8 coronavirus for both patients and providers. 

9 (7) The Administrator expanded access to tele10 health services under the public health emergency to 

11 all Medicare beneficiaries (including clinician-pro12 vided services to new and established patients). 

13 (8) On April 23, 2020, the Administrator re14 leased a telehealth toolkit to assist States in expand15 ing the use of telehealth through Medicaid and 

16 CHIP. 

17 (9) Expanded telehealth options are valuable 

18 for all Americans during this public health crisis, 

19 but especially for high-risk patients and rural Ameri20 cans who already have difficulty accessing care. 

21 SEC. 3. STUDIES AND REPORTS ON THE EXPANSION OF AC22 CESS TO TELEHEALTH SERVICES DURING 

23 THE COVID–19 EMERGENCY. 

24 (a) HHS.— 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 4216 IS

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

2 after the date of the enactment of this Act, the Sec3 retary, in consultation with the Administrator, shall 

4 conduct a study and submit to Congress a report on 

5 actions taken by the Secretary during the emergency 

6 period described in section 1135(g)(1)(B) of the So7 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)) to 

8 expand access to telehealth services under the Medi9 care program, the Medicaid program, and the Chil10 dren’s Health Insurance program. Such report shall 

11 include the following: 

12 (A) A comprehensive list of telehealth serv13 ices available under such programs and an ex14 planation of all actions undertaken by the Sec15 retary during the emergency period described in 

16 such paragraph to expand access to such serv17 ices. 

18 (B) A comprehensive list of types of pro19 viders that may be reimbursed for such services 

20 furnished under such programs during such pe21 riod, including a list of services which may only 

22 be reimbursed under such programs during 

23 such period if furnished by such providers in24 person. 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 4216 IS

1 (C) A quantitative analysis of the use of 

2 such telehealth services under such programs 

3 during such period, including data points on 

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

5 populations. 

6 (D) A quantitative analysis of the use of 

7 such services under such programs during such 

8 period for mental and behavioral health treat9 ments. 

10 (E) An analysis of the public health im11 pacts of the actions described in subparagraph 

12 (A). 

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

14 180 days after the date of the enactment of this Act, 

15 the Secretary shall publish on the public website of 

16 the Department of Health and Human Services the 

17 report described in paragraph (1). 

18 (b) GAO.— 

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

20 after the date of enactment of this Act, the Comp21 troller General of the United States shall conduct a 

22 study and submit to Congress a report on— 

23 (A) the efficiency, management, and suc24 cess and failures of the expansion of access to 

25 telehealth services under the Medicare, MedVerDate Sep 11 2014 01:59 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4216.IS S4216

pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 4216 IS

1 icaid, and Children’s Health Insurance pro2 grams during the emergency period described in 

3 subsection (a)(1); and 

4 (B) any risk in increased fraudulent activ5 ity, and types of fraudulent activity, associated 

6 with such expansion. 

7 (2) RECOMMENDATIONS.—The report sub8 mitted under paragraph (1) shall include rec9 ommendations on— 

10 (A) potential improvements to telehealth 

11 services, and expansions of such services, under 

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

13 and 

14 (B) ways to address any fraudulent activ15 ity described in paragraph (1)(B). 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS