I 

116TH CONGRESS 

2D SESSION H. R. 7663 

To amend title XI of the Social Security Act to authorize the Secretary 

of Health and Human Services to waive or modify application of Medicare requirements with respect to telehealth services during any emergency period, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2020 

Mr. THOMPSON of California (for himself, Ms. MATSUI, Mr. JOHNSON of 

Ohio, Mr. SCHWEIKERT, and Mr. WELCH) 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 XI of the Social Security Act to authorize 

the Secretary of Health and Human Services to waive 

or modify application of Medicare requirements with respect to telehealth services during any emergency period, 

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 ‘‘Protecting Access to 

5 Post-COVID–19 Telehealth Act of 2020’’. 


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1 SEC. 2. AUTHORIZATION FOR THE SECRETARY OF HEALTH 

2 AND HUMAN SERVICES TO WAIVE OR MODIFY 

3 APPLICATION OF MEDICARE REQUIREMENTS 

4 WITH RESPECT TO TELEHEALTH SERVICES. 

5 (a) SECRETARIAL AUTHORITY TO TEMPORARILY

6 WAIVE OR MODIFY MEDICARE REQUIREMENTS WITH RE7 SPECT TO TELEHEALTH SERVICES FURNISHED DURING

8 ANY EMERGENCY PERIOD.—Section 1135 of the Social 

9 Security Act (42 U.S.C. 1320b–5) is amended by adding 

10 at the end the following new subsection: 

11 ‘‘(h) WAIVER OR MODIFICATION OF CERTAIN RE12 QUIREMENTS WITH RESPECT TO TELEHEALTH SERV13 ICES.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding any other 

15 provision of this section, during the period described 

16 paragraph (2), the Secretary may waive or modify 

17 any requirement with respect to a telehealth service 

18 payable under section 1834(m)(1) for such period. 

19 ‘‘(2) PERIOD DESCRIBED.—For purposes of 

20 paragraph (1), the period described in this para21 graph is the period— 

22 ‘‘(A) beginning on the first day of— 

23 ‘‘(i) an emergency or disaster declared 

24 by the President pursuant to the National 

25 Emergencies Act or the Robert T. Stafford 


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1 Disaster Relief and Emergency Assistance 

2 Act; or 

3 ‘‘(ii) a public health emergency de4 clared by the Secretary pursuant to section 

5 319 of the Public Health Service Act; and 

6 ‘‘(B) ending on the day that is 90 days 

7 after the last day of an emergency, disaster, or 

8 public health emergency described in subpara9 graph (A).’’. 

10 (b) REPORT.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the last day of the period described in section 

13 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 

14 1320b–5(g)(1)(B)), the Secretary of Health and 

15 Human Services, acting through the Administrator 

16 of the Centers for Medicare & Medicaid Services, 

17 shall submit to Congress a report, with respect to 

18 telehealth services (as defined in subparagraph (F) 

19 of such section 1834(m)(4) (42 U.S.C. 

20 1395m(m)(4)) to which a waiver or modification is 

21 applied pursuant to section 1135 of such Act (42 

22 U.S.C. 1320b–5), on— 

23 (A) the number of eligible telehealth indi24 viduals (as defined in subparagraph (A) of sec25 tion 1834(m)(4) of such Act (42 U.S.C. 


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1 1395m(m)(4)) during the period described in 

2 paragraph (2) and how frequently such individ3 uals received telehealth services during such pe4 riod (including the number of eligible telehealth 

5 individuals identified by racial and ethnic popu6 lations); 

7 (B) the number of physicians or practi8 tioners that furnished a telehealth service dur9 ing the period described in paragraph (2) and 

10 how frequently physicians or practitioners fur11 nished such a service during such period; 

12 (C) the amount payable under title XVIII 

13 of such Act for telehealth services furnished 

14 during the period described in paragraph (2); 

15 (D) an assessment of benefits to eligible 

16 telehealth individuals who received telehealth 

17 services during the period described in para18 graph (2); and 

19 (E) the most common barriers to eligible 

20 telehealth individuals receiving and physicians 

21 or practitioners furnishing telehealth services 

22 during the period described in paragraph (2). 

23 (2) PERIOD DESCRIBED.—For purposes of 

24 paragraph (1), the period described in this para25 graph is the period— 


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1 (A) beginning on the first day of the emer2 gency period described in section 1135(g)(1)(B) 

3 of such Act (42 U.S.C. 1320b–5(g)(1)(B); and 

4 (B) ending on the day that is 90 days 

5 after the last day such emergency period. 

6 SEC. 3. RURAL HEALTH CLINICS AND FEDERALLY QUALI7 FIED HEALTH CENTERS. 

8 (a) EXPANSION OF DISTANT SITES.—Section 

9 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) 

10 is amended— 

11 (1) in the first sentence of paragraph (1)— 

12 (A) by striking ‘‘or a practitioner (de13 scribed in section 1842(b)(18)(C))’’ and insert14 ing ‘‘, a practitioner (described in section 

15 1842(b)(18)(C)), a federally qualified health 

16 center, or a rural health clinic’’; and 

17 (B) by striking ‘‘or practitioner’’ and in18 serting ‘‘, practitioner, federally qualified health 

19 center, or rural health clinic’’; 

20 (2) in paragraph (2)(A)— 

21 (A) by inserting ‘‘or to a federally qualified 

22 health center or rural health clinic that serves 

23 as a distant site’’ after ‘‘a distant site’’; and 

24 (B) by striking ‘‘such physician or practi25 tioner’’ and inserting ‘‘such physician, practiVerDate Sep 11 2014 05:55 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7663.IH H7663

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1 tioner, federally qualified health center, or rural 

2 health clinic’’; and 

3 (3) in paragraph (4)— 

4 (A) in subparagraph (A), by inserting 

5 ‘‘and includes a federally qualified health center 

6 or rural health clinic that furnishes a telehealth 

7 service to an eligible individual’’ before the pe8 riod at the end; and 

9 (B) in subparagraph (F), by adding at the 

10 end the following new clause: 

11 ‘‘(iii) INCLUSION OF RURAL HEALTH

12 CLINIC SERVICES AND FEDERALLY QUALI13 FIED HEALTH CENTER SERVICES FUR14 NISHED USING TELEHEALTH.—For pur15 poses of this subparagraph, the term ‘tele16 health services’ includes a rural health 

17 clinic service or federally qualified health 

18 center service that is furnished using tele19 health to the extent that payment codes 

20 corresponding to services identified by the 

21 Secretary under clause (i) or (ii) are listed 

22 on the corresponding claim for such rural 

23 health clinic service or Federally qualified 

24 health center service.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to services furnished on or after 

3 January 1, 2021. 

4 SEC. 4. ELIMINATION OF RESTRICTIONS RELATING TO 

5 TELEHEALTH SERVICES. 

6 (a) ELIMINATION OF GEOGRAPHIC RESTRICTIONS OF

7 ORIGINATING SITES.—Section 1834(m)(4)(C)(i) of the 

8 Social Security Act (42 U.S.C. 1395m(m)(4)(C)(i)) is 

9 amended— 

10 (1) by striking ‘‘the service is furnished via a 

11 telecommunications system and only if such site is 

12 located—’’ and inserting ‘‘the service—’’; 

13 (2) by redesignating subclauses (I) through 

14 (III) as items (aa) through (cc), respectively, and 

15 moving the margins two ems to the right; and 

16 (3) by inserting before item (aa), as redesig17 nated by paragraph (2), the following new sub18 clauses: 

19 ‘‘(I) is furnished via a tele20 communications system; and 

21 ‘‘(II) for the period beginning on 

22 the date of the enactment of this sub23 clause and ending on December 31, 

24 2020, only if such site is located—’’. 


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1 (b) ELIMINATION OF RESTRICTIONS IN WHICH

2 TELEHEALTH SERVICES MAY BE FURNISHED IN THE

3 HOME.—Section 1834(m)(4)(C)(ii)(X) of the Social Secu4 rity Act (42 U.S.C. 1395m(m)(4)(C)(i)(X) is amended to 

5 read as follows:. 

6 ‘‘(X)(aa) For the period begin7 ning on the date of the enactment of 

8 this subclause and ending on Decem9 ber 31, 2020, the home of an indi10 vidual but only for purposes of section 

11 1881(b)(3)(B) or telehealth services 

12 described in paragraph (7). 

13 ‘‘(bb) For the period beginning 

14 on or after January 1, 2021, the 

15 home of an individual.’’. 

Æ 


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