II 

116TH CONGRESS 

2D SESSION S. 4289 

To require the Secretary of Health and Human Services to collect, analyze, 

and report qualitative and quantitative data on the use of telehealth 

during the COVID–19 public health emergency. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2020 

Mr. YOUNG (for himself, Mrs. CAPITO, and Mr. KING) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To require the Secretary of Health and Human Services 

to collect, analyze, and report qualitative and quantitative data on the use of telehealth during the COVID– 

19 public health 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 ‘‘COVID–19 Emergency 

5 Telehealth Impact Reporting Act of 2020’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) COVID–19 PUBLIC HEALTH EMERGENCY.— 

2 The term ‘‘COVID–19 public health emergency’’ 

3 means the outbreak and public health response per4 taining to Coronavirus Disease 2019 (COVID–19), 

5 associated with the emergency declared by the Sec6 retary on January 31, 2020, under section 319 of 

7 the Public Health Service Act (42 U.S.C. 247d), and 

8 any renewals thereof and any subsequent declara9 tions by the Secretary related to COVID–19. 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Health and Human Services. 

12 SEC. 3. DATA COLLECTION AND REPORTS ON THE USE OF 

13 TELEHEALTH DURING THE COVID–19 PUBLIC 

14 HEALTH EMERGENCY. 

15 (a) DATA COLLECTION AND ANALYSIS.— 

16 (1) IN GENERAL.—Beginning not later than 30 

17 days after the date of enactment of this Act, the 

18 Secretary shall collect and analyze qualitative and 

19 quantitative data on the impact of telehealth serv20 ices, virtual check-ins, digital health, and remote pa21 tient monitoring technologies on health care delivery 

22 permitted by the waiver or modification of certain 

23 requirements under titles XVIII of the Social Secu24 rity Act (42 U.S.C. 1395 et seq.), and any regula25 tions thereunder, pursuant to section 1135 of such 


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1 Act (42 U.S.C. 1320b–5) during the COVID–19 

2 public health emergency, which may include the col3 lection of data regarding— 

4 (A) health care utilization rates across the 

5 Medicare program under title XVIII of the So6 cial Security Act (42 U.S.C. 1395 et seq.) for 

7 individuals confirmed or suspected to have 

8 COVID–19 and individuals seeking care unre9 lated to COVID–19, including— 

10 (i) patient access to telehealth services 

11 in medically underserved communities; or 

12 (ii) individuals receiving telehealth 

13 services through Federally qualified health 

14 centers (as defined in section 1861(aa)(4) 

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

16 1395x(aa)(4)) or rural health clinics (as 

17 defined in section 1861(aa)(2) of such Act 

18 (42 U.S.C. 1395x(aa)(2))) serving as origi19 nating sites or distant sites, and any chal20 lenges for providers furnishing telehealth 

21 services in these communities; 

22 (B) health care quality for individuals con23 firmed or suspected to have COVID–19 and in24 dividuals seeking care unrelated to COVID–19 

25 as measured by— 


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1 (i) quality of care metrics, such as 

2 hospital readmission rates, missed appoint3 ment rates, or wellness visits, and 

4 (ii) engagement metrics, such as vol5 untary patient satisfaction surveys and vol6 untary provider satisfaction surveys; 

7 (C) audio-only telehealth utilization rates 

8 when other video-based telehealth was not an 

9 option or any other telehealth services that were 

10 not provided in real-time (including text-mes11 saging or through online chat platforms), the 

12 types of visits, and the types of providers treat13 ing individuals; 

14 (D) telehealth utilization rates used to 

15 treat individuals across State lines; 

16 (E) the health outcomes of any individual 

17 who utilizes telehealth services to treat an un18 derlying health condition such as diabetes, end19 stage renal disease, chronic lung disease, ob20 structive pulmonary disease, coronary artery 

21 disease, or cirrhosis and the types of technology 

22 utilized to receive care, including text-mes23 saging, online chat platforms, audio-only, or 

24 video conferencing; 


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1 (F) the health outcomes of any individual 

2 who utilizes mental or behavioral health care 

3 and substance use disorder treatment services, 

4 and the types of technology utilized to receive 

5 care, including text-messaging, online chat plat6 forms, audio-only, or video conferencing; 

7 (G) the impact of State and Federal pri8 vacy and security protections on the delivery of 

9 care and patient safety, including the security 

10 of the various technologies utilized to deliver or 

11 receive telehealth care; 

12 (H) how telehealth access differs by race, 

13 ethnicity, or income levels; 

14 (I) the types of technologies utilized to de15 liver or receive telehealth care, including Zoom, 

16 Skype, FaceTime, text messaging, online chat 

17 platforms, or other technologies, as observed by 

18 the Secretary, and utilization rates, disaggre19 gated by type of technology (as applicable); 

20 (J) the investments necessary for providers 

21 to develop a platform to effectively provide tele22 health services to their patients, including the 

23 costs of the necessary technology and the costs 

24 of training staff; and 


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1 (K) any additional information determined 

2 appropriate by the Secretary. 

3 (2) BROADBAND AVAILABILITY DATA.—Upon 

4 request by the Secretary, the Assistant Secretary of 

5 Commerce for Communications and Information and 

6 the Federal Communications Commission shall pro7 vide the Secretary any relevant data regarding the 

8 availability of broadband internet access service (as 

9 defined in section 801 of the Communications Act of 

10 1934 (47 U.S.C. 641)) for the purposes of com11 pleting the report under paragraph (1). 

12 (b) INTERIM REPORT TO CONGRESS.—Not later than 

13 90 days after the date of enactment of this Act, the Sec14 retary shall submit to the Committees on Finance and 

15 Health, Education, Labor, and Pensions of the Senate and 

16 the Committees on Ways and Means and Energy and 

17 Commerce of the House of Representatives an interim re18 port on the impact of telehealth based on the data col19 lected and analyzed under subsection (a). For the pur20 poses of the interim report, the Secretary may determine 

21 which data collected and analyzed under subsection (a) is 

22 most appropriate to complete such report. 

23 (c) FINAL REPORT TO CONGRESS.—Not later than 

24 180 days after the date of enactment of this Act, the Sec25 retary shall submit to the Committees on Finance and 


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1 Health, Education, Labor, and Pensions of the Senate and 

2 the Committees on Ways and Means and Energy and 

3 Commerce of the House of Representatives a final report 

4 on the impact of telehealth based on the data collected 

5 and analyzed under subsection (a) that includes— 

6 (1) conclusions regarding the impact of tele7 health services on health care delivery during the 

8 COVID–19 public health emergency; and 

9 (2) an estimation for total Medicare spending 

10 on telehealth services, including total spending for 

11 each specific type of service for which Medicare re12 imbursed. 

13 (d) STAKEHOLDER INPUT.— 

14 (1) IN GENERAL.—For purposes of subsections 

15 (a), (b), and (c), the Secretary shall seek input from 

16 the Medicare Payment Advisory Commission, the 

17 Medicaid and CHIP Payment and Access Commis18 sion and nongovernmental stakeholders, including 

19 patient organizations, providers, and experts in tele20 health. 

21 (2) COMMENT PERIOD.—For the purposes of 

22 this subsection, the Secretary shall establish a com23 ment period not later than 14 days after the date of 

24 enactment of this Act. 

Æ 


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