I 

117TH CONGRESS 

1ST SESSION H. R. 1677 

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 

MARCH 9, 2021 

Mr. BALDERSON (for himself, Mrs. AXNE, Mr. STIVERS, Mr. GIBBS, Mr. 

RYAN, Mr. BERGMAN, Mr. CROW, Mr. BUCK, and Mrs. HINSON) 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 2021’’ or the ‘‘KEEP Telehealth Options Act of 2021’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

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

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

9 coronavirus (which presents as the disease COVID– 

10 19). 

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

12 Health and Human Services (in this Act referred to 

13 as the ‘‘Secretary’’) declared a public health emer14 gency in response to COVID–19. 

15 (3) By March, the disease reached the pan16 demic level according to the World Health Organiza17 tion, and the President proclaimed the COVID–19 

18 outbreak in the United States to constitute a na19 tional emergency. 

20 (4) This emergency declaration authorizes the 

21 Secretary ‘‘to temporarily waive or modify certain 

22 requirements of the Medicare, Medicaid, and State 

23 Children’s Health Insurance programs and of the 

24 Health Insurance Portability and Accountability Act 

25 Privacy Rule throughout the duration of the public 


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1 health emergency declared in response to the 

2 COVID–19 outbreak’’. 

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

4 Administrator of the Centers for Medicare & Med5 icaid Services (in this Act referred to as the ‘‘Ad6 ministrator’’) acting under the Secretary’s authority, 

7 issued numerous rules, regulations, and waivers ena8 bling the expansion of telehealth services during the 

9 public health emergency. 

10 (6) Telehealth services play a critical role in en11 hancing access to care for patients while simulta12 neously reducing the risk of exposure to the corona13 virus for both patients and providers. 

14 (7) The Administrator expanded access to tele15 health services under the public health emergency to 

16 all Medicare beneficiaries (including clinician-pro17 vided services to new and established patients). 

18 (8) On April 23, 2020, the Administrator re19 leased a telehealth toolkit to assist States in expand20 ing the use of telehealth through Medicaid and 

21 CHIP. 

22 (9) Expanded telehealth options are valuable 

23 for all Americans during this public health crisis, 

24 but especially for high-risk patients and rural Ameri25 cans who already have difficulty accessing care. 


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1 SEC. 3. STUDIES AND REPORTS ON THE EXPANSION OF AC2 CESS TO TELEHEALTH SERVICES DURING 

3 THE COVID–19 EMERGENCY. 

4 (a) HHS.— 

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

6 after the date of the enactment of this Act, the Sec7 retary, in consultation with the Administrator, shall 

8 conduct a study and submit to Congress a report on 

9 actions taken by the Secretary during the emergency 

10 period described in section 1135(g)(1)(B) of the So11 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)) to 

12 expand access to telehealth services under the Medi13 care program, the Medicaid program, and the Chil14 dren’s Health Insurance program. Such report shall 

15 include the following: 

16 (A) A comprehensive list of telehealth serv17 ices available under the programs described in 

18 paragraph (1) and an explanation of all actions 

19 undertaken by the Secretary during the emer20 gency period described in such paragraph to ex21 pand access to such services. 

22 (B) A comprehensive list of types of pro23 viders that may be reimbursed for such services 

24 furnished under such programs during such pe25 riod, including a list of services which may only 

26 be reimbursed under such programs during 


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1 such period if furnished by such providers in2 person. 

3 (C) A quantitative analysis of the use of 

4 such telehealth services under such programs 

5 during such period, including data points on 

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

7 populations. 

8 (D) A quantitative analysis of the use of 

9 such services under such programs during such 

10 period for mental and behavioral health treat11 ments. 

12 (E) An analysis of the public health im13 pacts of the actions described in subparagraph 

14 (A). 

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

16 180 days after the date of the enactment of this Act, 

17 the Secretary shall publish on the public website of 

18 the Department of Health and Human Services the 

19 report described in paragraph (1). 

20 (b) MEDPAC AND MACPAC.— 

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

22 the date of enactment of this Act, the Medicare Pay23 ment Advisory Commission and the Medicaid and 

24 CHIP Payment and Access Commission, in consulta25 tion with the Inspector General of the Department 


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1 of Health and Human Services, shall each conduct 

2 a study and submit to Congress a report on— 

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

4 access to telehealth services under— 

5 (i) in the case of the report submitted 

6 by the Medicare Payment Advisory Com7 mission, the Medicare program; and 

8 (ii) in the case of the report submitted 

9 by the Medicaid and CHIP Payment and 

10 Access Commission, the Medicaid and Chil11 dren’s Health Insurance programs; 

12 during the emergency period described in sub13 section (a)(1); and 

14 (B) what is known about any increased 

15 risk in increased fraudulent activity, including 

16 the types of fraudulent activity, that could be 

17 associated with the expansion of access to such 

18 services under such programs during such pe19 riod. 

20 (2) RECOMMENDATIONS.—The reports sub21 mitted under paragraph (1) shall include rec22 ommendations, as appropriate, on— 

23 (A) potential improvements to telehealth 

24 services, and expansions of such services, under 


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

2 and 

3 (B) possible approaches to addressing any 

4 fraudulent activity described in paragraph 

5 (1)(B). 

Æ 


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