I 

116TH CONGRESS 

2D SESSION H. R. 7187 

To amend title XVIII of the Social Security Act to provide for permanent 

payments for telehealth services furnished by Federally qualified health 

centers and rural health clinics under the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2020 

Mr. THOMPSON of Pennsylvania (for himself and Mr. BUTTERFIELD) 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 provide 

for permanent payments for telehealth services furnished 

by Federally qualified health centers and rural health 

clinics 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 ‘‘Helping Ensure Access 

5 to Local TeleHealth Act of 2020’’ or the ‘‘HEALTH Act 

6 of 2020’’. 


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1 SEC. 2. PROVIDING FOR PERMANENT COST-RELATED PAY2 MENTS FOR TELEHEALTH SERVICES FUR3 NISHED BY FEDERALLY QUALIFIED HEALTH 

4 CENTERS AND RURAL HEALTH CLINICS 

5 UNDER THE MEDICARE PROGRAM AND PER6 MANENTLY REMOVING ORIGINATING SITE 

7 FACILITY AND LOCATION REQUIREMENTS 

8 FOR DISTANT SITE TELEHEALTH SERVICES 

9 FURNISHED BY SUCH CENTERS AND SUCH 

10 CLINICS. 

11 (a) PERMANENT TELEHEALTH PAYMENTS.—Section 

12 1834(m)(8) of the Social Security Act (42 U.S.C. 

13 1395m(m)(8)) is amended— 

14 (1) in the header, by striking ‘‘DURING EMER15 GENCY PERIOD’’; 

16 (2) in subparagraph (A), in the matter pre17 ceding clause (i), by striking ‘‘During the emergency 

18 period described in section 1135(g)(1)(B)’’ and in19 serting ‘‘With respect to telehealth services furnished 

20 on or after the date of the beginning of the emer21 gency period described in section 1135(g)(1)(B)’’; 

22 and 

23 (3) by striking subparagraph (B) and inserting 

24 the following new subparagraph: 

25 ‘‘(B) PAYMENT.— 


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1 ‘‘(i) IN GENERAL.—A telehealth serv2 ice furnished by a rural health clinic or a 

3 Federally qualified health center serving as 

4 a distant site to an individual shall be 

5 deemed to be so furnished to such indi6 vidual as an outpatient of such clinic or fa7 cility (as applicable) for purposes of para8 graph (1) or (3), respectively, of section 

9 1861(aa) and payable as a rural health 

10 clinic service or Federally qualified health 

11 center service (as applicable) under section 

12 1833(a)(3) or under the prospective pay13 ment system established under section 

14 1834(o), respectively. 

15 ‘‘(ii) TREATMENT OF COSTS FOR

16 FQHC PPS CALCULATIONS AND RHC AIR

17 CALCULATIONS.—Costs associated with the 

18 delivery of telehealth services by a Feder19 ally qualified health center or rural health 

20 clinic serving as a distant site pursuant to 

21 this paragraph shall be considered allow22 able costs for purposes of the prospective 

23 payment system established under section 

24 1834(o) and any payment methodologies 


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1 developed under section 1833(a)(3), as ap2 plicable.’’. 

3 (b) ELIMINATION OF ORIGINATING SITE REQUIRE4 MENTS FOR TELEHEALTH SERVICES FURNISHED BY

5 FQHCS OR RHCS.— 

6 (1) IN GENERAL.—Section 1834(m) of the So7 cial Security Act (42 U.S.C. 1395m(m)), as amend8 ed by subsection (a), is further amended— 

9 (A) in paragraph (4)(C)(i), by striking 

10 ‘‘and (7)’’ and inserting ‘‘(7), and (8)’’; and 

11 (B) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(C) NONAPPLICATION OF ORIGINATING

14 SITE REQUIREMENTS.—The geographic and site 

15 requirements described in paragraph (4)(C) 

16 shall not apply with respect to telehealth serv17 ices furnished by a Federally qualified health 

18 center or a rural health clinic serving as a dis19 tant site.’’. 

20 (2) SPECIAL PAYMENT RULE FOR ORIGINATING

21 SITES WITH RESPECT TO TELEHEALTH SERVICES

22 FURNISHED BY AN FQHC OR RHC.—Section 

23 1834(m)(2)(B) of the Social Security Act (42 U.S.C. 

24 1395m(m)(2)(B)) is amended— 


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1 (A) in clause (i), by striking ‘‘clause (ii)’’ 

2 and inserting ‘‘clauses (ii) and (iii)’’; and 

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

4 clause: 

5 ‘‘(iii) SPECIAL RULE FOR TELE6 HEALTH SERVICES FURNISHED BY FQHCS

7 AND RHCS.—No facility fee shall be paid 

8 under this subparagraph to an originating 

9 site with respect to telehealth services fur10 nished by a Federally qualified health cen11 ter or rural health clinic serving as a dis12 tant site unless such originating site is a 

13 site described in any of subclauses (I) 

14 through (IX) of paragraph (4)(C)(ii).’’. 

15 (c) TREATMENT OF FQHC AND RHC TELEHEALTH

16 SERVICES AS A VISIT.—The Secretary of Health and 

17 Human Services shall revise section 405.2463 of title 42, 

18 Code of Federal Regulations (or a successor regulation) 

19 to provide that, in the case of a Federally qualified health 

20 center or a rural health clinic serving as a distant site 

21 furnishing telehealth services to an individual in accord22 ance with section 1834(m) of the Social Security Act (42 

23 U.S.C. 1395m(m)), such services so furnished are considVerDate Sep 11 2014 22:27 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7187.IH H7187

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1 ered to constitute a visit to such center or such clinic (as 

2 applicable) by such individual. 

Æ 


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