I 

116TH CONGRESS 

2D SESSION H. R. 7338 

To amend title XVIII of the Social Security Act to permit the Secretary 

of Health and Human Services to waive requirements relating to the 

furnishing of telehealth services under the Medicare program, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2020 

Ms. CHENEY (for herself, Mr. SMITH of Missouri, Mr. GIANFORTE, and Mr. 

KUSTOFF of Tennessee) 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 permit 

the Secretary of Health and Human Services to waive 

requirements relating to the furnishing of 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 ‘‘Advancing Telehealth 

5 Beyond COVID–19 Act of 2020’’. 


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1 SEC. 2. PERMITTING THE SECRETARY OF HEALTH AND 

2 HUMAN SERVICES TO WAIVE REQUIREMENTS 

3 RELATING TO THE FURNISHING OF TELE4 HEALTH SERVICES UNDER THE MEDICARE 

5 PROGRAM. 

6 Section 1834(m) of the Social Security Act (42 

7 U.S.C. 1395m(m)) is amended by adding at the end the 

8 following new paragraph: 

9 ‘‘(9) AUTHORITY TO WAIVE TELEHEALTH RE10 QUIREMENTS.—Notwithstanding any other provision 

11 of this subsection, the Secretary may waive any such 

12 provision for any area and time period specified by 

13 the Secretary.’’. 

14 SEC. 3. MAKING PERMANENT THE ABILITY OF FEDERALLY 

15 QUALIFIED HEALTH CENTERS AND RURAL 

16 HEALTH CLINICS TO FURNISH TELEHEALTH 

17 SERVICES UNDER THE MEDICARE PROGRAM. 

18 Section 1834(m)(8) of the Social Security Act (42 

19 U.S.C. 1395m(m)(8)) is amended— 

20 (1) in the header, by striking ‘‘DURING EMER21 GENCY PERIOD’’; 

22 (2) in subparagraph (A), in the matter pre23 ceding clause (i), by striking ‘‘During’’ and inserting 

24 ‘‘Beginning on the first day of’’; and 

25 (3) in subparagraph (B)(i), by striking ‘‘during 

26 such emergency period’’. 


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1 SEC. 4. CLARIFICATION FOR FRAUD AND ABUSE LAWS RE2 GARDING TECHNOLOGIES PROVIDED TO 

3 BENEFICIARIES. 

4 Section 1128A(i)(6) of the Social Security Act (42 

5 U.S.C. 1320a–7a(i)(6)) is amended— 

6 (1) in subparagraph (I), by striking ‘‘; or’’ and 

7 inserting a semicolon; 

8 (2) in subparagraph (J), by striking the period 

9 at the end and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following new sub11 paragraph: 

12 ‘‘(K) the provision of technologies (as de13 fined by the Secretary) on or after the date of 

14 the enactment of this subparagraph, by a pro15 vider of services or supplier (as such terms are 

16 defined for purposes of title XVIII) directly to 

17 an individual who is entitled to benefits under 

18 part A of title XVIII, enrolled under part B of 

19 such title, or both, for the purpose of furnishing 

20 telehealth services, remote patient monitoring 

21 services, or other services furnished through the 

22 use of technology (as defined by the Secretary), 

23 if— 

24 ‘‘(i) the technologies are not offered 

25 as part of any advertisement or solicita26 tion; and 


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1 ‘‘(ii) the provision of the technologies 

2 meets any other requirements set forth in 

3 regulations promulgated by the Sec4 retary.’’. 

Æ 


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