I 

117TH CONGRESS 

1ST SESSION H. R. 2168 

To amend title XVIII of the Social Security Act to expand the scope of 

practitioners eligible for payment for telehealth services under the Medicare program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2021 

Ms. SHERRILL (for herself, Mr. MCKINLEY, Mr. MORELLE, Mr. FITZPATRICK, 

Mr. SIRES, Ms. TENNEY, Mrs. BEATTY, Mr. RODNEY DAVIS of Illinois, 

Mr. RUSH, Mr. YOUNG, Ms. BARRAGA ́N, Mr. TONKO, Ms. BLUNT ROCHESTER, Mr. BISHOP of Georgia, Mr. CARSON, and Mr. O’HALLERAN) 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 expand 

the scope of practitioners eligible for payment for telehealth services under the Medicare program, and for 

other purposes. 

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 ‘‘Expanded Telehealth 

5 Access Act’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 2168 IH

1 SEC. 2. EXPANDING THE SCOPE OF PRACTITIONERS ELIGI2 BLE FOR PAYMENT FOR TELEHEALTH SERV3 ICES UNDER MEDICARE. 

4 (a) TELEHEALTH PROVIDER PARITY.—Section 

5 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) 

6 is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘described in section 

9 1842(b)(18)(C)’’ and inserting ‘‘as described in 

10 paragraph (4)(E))’’; and 

11 (B) by striking ‘‘individual physician or 

12 practitioner’’ and inserting ‘‘individual physi13 cian or practitioner described in paragraph 

14 (4)(E)’’; 

15 (2) in paragraph (2)— 

16 (A) by striking ‘‘practitioner’’ each place it 

17 appears and inserting ‘‘practitioner as described 

18 in paragraph (4)(E)’’ each such place; 

19 (B) by inserting before ‘‘located at a dis20 tant site’’ the following ‘‘(or, in the case of an 

21 occupational therapy assistant described in 

22 paragraph (4)(E)(ii)(II) or a physical therapist 

23 assistant described in paragraph (4)(E)(ii)(III), 

24 shall pay with respect to such assistant)’’; and 

25 (C) by inserting ‘‘(or, in the case of an oc26 cupational therapy assistant described in paraVerDate Sep 11 2014 22:14 May 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2168.IH H2168

pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 2168 IH

1 graph (4)(E)(ii)(II) or a physical therapist as2 sistant described in paragraph (4)(E)(ii)(III), 

3 the amount that would have been paid under 

4 this title with respect to such assistant)’’ after 

5 ‘‘would have been paid under this title’’; 

6 (3) in paragraph (3)— 

7 (A) in subparagraph (A), by striking ‘‘or 

8 practitioner’’ and inserting ‘‘or practitioner de9 scribed in paragraph (4)(E)’’; and 

10 (B) in subparagraph (B), by inserting ‘‘de11 scribed in subparagraph (C) of such section’’ 

12 after ‘‘practitioners’’; and 

13 (4) in paragraph (4)— 

14 (A) in each of subparagraphs (A) and (C), 

15 by inserting ‘‘described in paragraph (4)(E)’’ 

16 after ‘‘practitioner’’; and 

17 (B) by amending subparagraph (E) to read 

18 as follows: 

19 ‘‘(E) PRACTITIONER DESCRIBED.—The 

20 term ‘practitioner’ means any of the following: 

21 ‘‘(i) A practitioner described in section 

22 1842(b)(18)(C). 

23 ‘‘(ii) With respect to services fur24 nished on or after the date of enactment of 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 2168 IH

1 the Expanded Telehealth Access Act, a li2 censed— 

3 ‘‘(I) qualified audiologist (as de4 fined in section 1861(ll)(4)(B); 

5 ‘‘(II) occupational therapist and 

6 occupational therapy assistant under 

7 the supervision of an occupational 

8 therapist; 

9 ‘‘(III) physical therapist and 

10 physical therapist assistant under the 

11 supervision of a physical therapist; 

12 ‘‘(IV) qualified speech-language 

13 pathologist (as defined in section 

14 1861(ll)(4)(A)); 

15 ‘‘(V) facility described in para16 graph (8) or (9) of section 1833(a) 

17 that furnishes telehealth therapy serv18 ices; and 

19 ‘‘(VI) any additional health care 

20 provider, as specified by the Sec21 retary, who participates under this 

22 title and furnishes a service that is in23 cluded as a telehealth service under 

24 this subsection.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS