I 

118TH CONGRESS 

1ST SESSION H. R. 824 

To amend title XXVII of the Public Health Service Act, the Employee 

Retirement Income and Security Act of 1974, and the Internal Revenue 

Code of 1986 to treat benefits for telehealth services offered under 

a group health plan or group health insurance coverage as excepted 

benefits. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mr. WALBERG (for himself, Ms. DELBENE, Ms. CRAIG, Mr. ESTES, Ms. 

SHERRILL, and Mr. ALLEN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to 

the Committees on Education and the Workforce, and 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 XXVII of the Public Health Service Act, 

the Employee Retirement Income and Security Act of 

1974, and the Internal Revenue Code of 1986 to treat 

benefits for telehealth services offered under a group 

health plan or group health insurance coverage as excepted benefits. 

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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2 

•HR 824 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Telehealth Benefit Ex3 pansion for Workers Act of 2023’’. 

4 SEC. 2. TREATING BENEFITS FOR TELEHEALTH SERVICES 

5 OFFERED UNDER A GROUP HEALTH PLAN OR 

6 GROUP HEALTH INSURANCE COVERAGE AS 

7 EXCEPTED BENEFITS. 

8 (a) PHSA.— 

9 (1) IN GENERAL.—Section 2791(c)(2) of the 

10 Public Health Service Act (42 U.S.C. 300gg– 

11 91(c)(2)) is amended— 

12 (A) by redesignating subparagraph (C) as 

13 subparagraph (D); and 

14 (B) by inserting after subparagraph (B) 

15 the following new subparagraph: 

16 ‘‘(C) Benefits for telehealth services.’’. 

17 (2) LIMITATION ON EXCEPTION TO GROUP

18 HEALTH PLANS AND GROUP HEALTH INSURANCE

19 COVERAGE.—Section 2722(c)(1) of the Public 

20 Health Service Act (42 U.S.C. 300gg–21(c)(1)) is 

21 amended— 

22 (A) by redesignating subparagraphs (A) 

23 and (B) as clauses (i) and (ii), respectively, and 

24 adjusting the margins accordingly; 

25 (B) by striking ‘‘The requirements’’ and 

26 inserting the following: 


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•HR 824 IH

1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the requirements.’’; and 

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

4 subparagraph: 

5 ‘‘(B) APPLICATION OF PROVISIONS IN THE

6 CASE OF INDIVIDUAL HEALTH INSURANCE COV7 ERAGE FOR CERTAIN EXCEPTED BENEFITS.— 

8 The requirements of subparts I and II shall 

9 apply to any individual health insurance cov10 erage in relation to its provision of excepted 

11 benefits described in section 2791(c)(2)(C).’’. 

12 (b) ERISA.—Section 733(c)(2) of the Employee Re13 tirement Income Security Act of 1974 (29 U.S.C. 

14 1191b(c)(2)) is amended— 

15 (1) by redesignating subparagraph (C) as sub16 paragraph (D); and 

17 (2) by inserting after subparagraph (B) the fol18 lowing new subparagraph: 

19 ‘‘(C) Benefits for telehealth services.’’. 

20 (c) IRC.—Section 9832(c)(2) of the Internal Revenue 

21 Code of 1986 is amended— 

22 (1) by redesignating subparagraph (C) as sub23 paragraph (D); and 

24 (2) by inserting after subparagraph (B) the fol25 lowing new subparagraph: 


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•HR 824 IH

1 ‘‘(C) Benefits for telehealth services.’’. 

2 (d) EFFECTIVE DATE.—The amendments made by 

3 this section shall apply with respect to plan years begin4 ning on or after the date of the enactment of this Act. 

Æ 


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