I 

117TH CONGRESS 

1ST SESSION H. R. 2228 

To allow for payment of outpatient critical access hospital services furnished 

through telehealth under the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Mr. KILDEE (for himself and Mr. WENSTRUP) 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 allow for payment of outpatient critical access hospital 

services furnished through telehealth under the Medicare 

program. 

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 ‘‘Rural Behavioral 

5 Health Access Act of 2021’’. 


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1 SEC. 2. ALLOWING FOR PAYMENT OF OUTPATIENT CRIT2 ICAL ACCESS HOSPITAL SERVICES FUR3 NISHED THROUGH TELEHEALTH UNDER THE 

4 MEDICARE PROGRAM. 

5 (a) IN GENERAL.—Notwithstanding section 1834(m) 

6 of the Social Security Act (42 U.S.C. 1395m(m)) and sub7 ject to subsection (b), the Secretary of Health and Human 

8 Services shall provide payment under section 1834(g) of 

9 such Act (42 U.S.C. 1395m(g)) for outpatient critical ac10 cess hospital services consisting of behavioral therapy serv11 ices furnished by a critical access hospital to an individual 

12 on or after January 1, 2021, via telecommunications tech13 nology, notwithstanding the fact that such individual is 

14 not located at such hospital. 

15 (b) INITIATION OF SERVICES VIA TELEHEALTH.—In 

16 the case of an individual receiving services described in 

17 subsection (a) from a critical access hospital, if such indi18 vidual has not, prior to receiving such services, received 

19 in-person care at such hospital, payment shall be made 

20 to such hospital in accordance with such subsection only 

21 if such services complement a plan of care that includes 

22 in-person care to be furnished at such hospital not later 

23 than 1 year after the date such services are furnished. 

24 (c) DEFINITIONS.—For purposes of this section: 

25 (1) CRITICAL ACCESS HOSPITAL.—The term 

26 ‘‘critical access hospital’’ has the meaning given 


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1 such term in section 1861(mm)(1) of the Social Se2 curity Act (42 U.S.C. 1395x(mm)(1)). 

3 (2) OUTPATIENT CRITICAL ACCESS HOSPITAL

4 SERVICES.—The term ‘‘outpatient critical access 

5 hospital services’’ has the meaning given such term 

6 in section 1861(mm)(3) of such Act (42 U.S.C. 

7 1395x(mm)(3)). 

8 (3) TELECOMMUNICATIONS TECHNOLOGY.—The 

9 term ‘‘telecommunications technology’’ means a com10 munications system permitting two-way, real-time 

11 interactive communication between the individuals 

12 and health care professional and includes a commu13 nications system consisting of only audio capabili14 ties, but only if such individual does not have access 

15 to a communications system with audio-visual capa16 bilities. 

Æ 


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