I 

116TH CONGRESS 

2D SESSION H. R. 7078 

To study the effects of changes to telehealth under the Medicare and Medicaid 

programs during the COVID–19 emergency. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2020 

Ms. KELLY of Illinois (for herself, Mr. BISHOP of Georgia, Ms. JACKSON LEE, 

Ms. SEWELL of Alabama, Mr. THOMPSON of Mississippi, Ms. FUDGE, 

Mr. BUTTERFIELD, Mr. PAYNE, Ms. LEE of California, and Mr. COHEN) 

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 study the effects of changes to telehealth under the 

Medicare and Medicaid 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Evaluating Disparities 

5 and Outcomes of Telehealth During the COVID–19 Emer6 gency Act of 2020’’ or the ‘‘EDOT Act of 2020’’. 


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1 SEC. 2. STUDY ON THE EFFECTS OF CHANGES TO TELE2 HEALTH UNDER THE MEDICARE AND MED3 ICAID PROGRAMS DURING THE COVID–19 

4 EMERGENCY. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 end of the emergency period described in section 

7 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 

8 1320b–5(g)(1)(B)), the Secretary of Health and Human 

9 Services (in this section referred to as the ‘‘Secretary’’) 

10 shall conduct a study and submit to the Committee on 

11 Energy and Commerce and the Committee on Ways and 

12 Means of the House of Representatives and the Committee 

13 on Finance of the Senate an interim report on any 

14 changes made to the provision or availability of telehealth 

15 services under part A or B of title XVIII of the Social 

16 Security Act (42 U.S.C. 1395 et seq.) during such period. 

17 Such report shall include the following: 

18 (1) A summary of utilization of all health care 

19 services furnished under such part A or B during 

20 such period, including the number of telehealth visits 

21 (broken down by the number of such visits furnished 

22 via audio-visual technology, the number of such vis23 its furnished via audio-only technology, and the 

24 number of such visits furnished by a Federally quali25 fied health center, rural health clinic, or community 

26 health center, respectively, if practicable), in-person 


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1 outpatient visits, inpatient admissions, and emer2 gency department visits. 

3 (2) A description of any changes in utilization 

4 patterns for the care settings described in paragraph 

5 (1) over the course of such period compared to such 

6 patterns prior to such period. 

7 (3) An analysis of utilization of telehealth serv8 ices under such part A or B during such period, bro9 ken down by race and ethnicity, geographic region, 

10 and income level (as measured directly or indirectly, 

11 such as by patient’s zip code tabulation area median 

12 income as publicly reported by the United States 

13 Census Bureau), and of any trends in such utiliza14 tion during such period, so broken down. Such anal15 ysis may not include any personally identifiable in16 formation or protected health information. 

17 (4) A description of expenditures and any sav18 ings under such part A or B attributable to use of 

19 such telehealth services during such period. 

20 (5) A description of any instances of fraud 

21 identified by the Secretary, acting through the Office 

22 of the Inspector General or other relevant agencies 

23 and departments, with respect to such telehealth 

24 services furnished under such part A or B during 

25 such period and a comparison of the number of such 


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1 instances with the number of instances of fraud so 

2 identified with respect to in-person services so fur3 nished during such period. 

4 (6) A description of any privacy concerns with 

5 respect to the furnishing of such telehealth services 

6 (such as cybersecurity or ransomware concerns), in7 cluding a description of any actions taken by the 

8 Secretary, acting through the Health Sector Cyber9 security Coordination Center or other relevant agen10 cies and departments, during such period to assist 

11 health care providers secure telecommunications sys12 tems. 

13 (b) INPUT.—In conducting the study and submitting 

14 the report under subsection (a), the Secretary— 

15 (1) may— 

16 (A) consult with relevant stakeholders 

17 (such as patients, minority or tribal groups, 

18 medical professionals, hospitals, State medical 

19 boards, State nursing boards, the Federation of 

20 State Medical Boards, National Council of 

21 State Boards of Nursing, medical professional 

22 employers (such as hospitals, medical groups, 

23 staffing companies), telehealth groups, health 

24 professional liability providers, public and pri25 vate payers, and State leaders); and 


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1 (B) solicit public comments on such report 

2 before the submission of such report; and 

3 (2) shall endeavor to include as many racially, 

4 ethnically, geographically, and professionally diverse 

5 perspectives as possible. 

6 (c) FINAL REPORT.—Not later than December 31, 

7 2024, the Secretary shall— 

8 (1) update and finalize the interim report under 

9 subsection (a); and 

10 (2) submit such updated and finalized report to 

11 the committees specified in such subsection. 

12 (d) GRANTS FOR MEDICAID REPORTS.— 

13 (1) IN GENERAL.—Not later than 2 years after 

14 the end of the emergency period described in section 

15 1135(g)(1)(B) of the Social Security Act (42 

16 U.S.C.1320b–5(g)(1)(B)), the Secretary shall award 

17 grants to States with a State plan (or waiver of such 

18 plan) in effect under title XIX of the Social Security 

19 Act (42 U.S.C. 1396r) that submit an application 

20 under this subsection for purposes of enabling such 

21 States to study and submit reports to the Secretary 

22 on any changes made to the provision or availability 

23 of telehealth services under such plans (or such 

24 waivers) during such period. 


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1 (2) ELIGIBILITY.—To be eligible to receive a 

2 grant under paragraph (1), a State shall— 

3 (A) provide benefits for telehealth services 

4 under the State plan (or waiver of such plan) 

5 in effect under title XIX of the Social Security 

6 Act (42 U.S.C. 1396r); 

7 (B) be able to differentiate telehealth from 

8 in-person visits within claims data submitted 

9 under such plan (or such waiver) during such 

10 period; and 

11 (C) submit to the Secretary an application 

12 at such time, in such manner, and containing 

13 such information (including the amount of the 

14 grant requested) as the Secretary may require. 

15 (3) USE OF FUNDS.—An State shall use 

16 amounts received under a grant under this sub17 section to conduct a study and report findings re18 garding the effects of changes to telehealth services 

19 offered under the State plan (or waiver of such plan) 

20 of such State under title XIX of the Social Security 

21 Act (42 U.S.C. 1396 et seq.) during such period in 

22 accordance with paragraph (4). 

23 (4) REPORTS.— 

24 (A) INTERIM REPORT.—Not later 1 year 

25 after the date a State receives a grant under 


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1 this subsection, the State shall submit to the 

2 Secretary an interim report that— 

3 (i) details any changes made to the 

4 provision or availability of telehealth bene5 fits (such as eligibility, coverage, or pay6 ment changes) under the State plan (or 

7 waiver of such plan) of the State under 

8 title XIX of the Social Security Act (42 

9 U.S.C. 1396 et seq.) during the emergency 

10 period described in paragraph (1); and 

11 (ii) contains— 

12 (I) a summary and description of 

13 the type described in paragraphs (1) 

14 and (2), respectively, of subsection 

15 (a); and 

16 (II) to the extent practicable, an 

17 analysis of the type described in para18 graph (3) of subsection (a), 

19 except that any reference in such sub20 section to ‘‘such part A or B’’ shall, for 

21 purposes of subclauses (I) and (II), be 

22 treated as a reference to such State plan 

23 (or waiver). 

24 (B) FINAL REPORT.—Not later than 3 

25 years after the date a State receives a grant 


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1 under this subsection, the State shall update 

2 and finalize the interim report and submit such 

3 final report to the Secretary. 

4 (C) REPORT BY SECRETARY.—Not later 

5 than the earlier of the date that is 1 year after 

6 the submission of all final reports under sub7 paragraph (B) and December 31, 2028, the 

8 Secretary shall submit to Congress a report on 

9 the grant program, including a summary of the 

10 reports received from States under this para11 graph. 

12 (5) MODIFICATION AUTHORITY.—The Secretary 

13 may modify any deadline described in paragraph (4) 

14 or any information required to be included in a re15 port made under this subsection to provide flexibility 

16 for States to modify the scope of the study and 

17 timeline for such reports. 

18 (6) TECHNICAL ASSISTANCE.—The Secretary 

19 shall provide such technical assistance as may be 

20 necessary to a State receiving a grant under this 

21 subsection in order to assist such state in conducting 

22 studies and submitting reports under this sub23 section. 

24 (7) STATE.—For purposes of this subsection, 

25 the term ‘‘State’’ means each of the several States, 


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1 the District of Columbia, and each territory of the 

2 United States. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) MEDICARE.—For the purpose of carrying 

5 out subsections (a) through (c), there are authorized 

6 to be appropriated such sums as may be necessary 

7 for each of the fiscal years 2020 through 2024. 

8 (2) MEDICAID.—For the purpose of carrying 

9 out subsection (d), there are authorized to be appro10 priated such sums as may be necessary for each of 

11 the fiscal years 2022 through 2028. 

Æ 


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