I 

117TH CONGRESS 

1ST SESSION H. R. 1332 

To amend title XVIII of the Social Security Act to make permanent certain 

telehealth flexibilities under the Medicare program related to the COVID– 

19 public health emergency. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2021 

Mr. CARTER of Georgia (for himself, Ms. BLUNT ROCHESTER, Mr. GRIFFITH, 

Mr. VAN DREW, Mr. MORELLE, Mr. KILMER, Mr. PENCE, and Mr. PANETTA) 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 make 

permanent certain telehealth flexibilities under the Medicare program related to the COVID–19 public health 

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 ‘‘Telehealth Moderniza5 tion Act’’. 


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1 SEC. 2. EXTENDING MEDICARE TELEHEALTH FLEXIBILI2 TIES. 

3 (a) EXPANDING ACCESS TO TELEHEALTH SERV4 ICES.— 

5 (1) IN GENERAL.—Section 1834(m)(4)(C) of 

6 the Social Security Act (42 U.S.C. 1395m(m)(4)(C)) 

7 is amended by adding at the end the following new 

8 clause: 

9 ‘‘(iii) EXPANDING ACCESS TO TELE10 HEALTH SERVICES.—With respect to tele11 health services furnished beginning on the 

12 first day after the end of the emergency 

13 period described in section 1135(g)(1)(B) 

14 of this clause, the term ‘originating site’ 

15 means any site at which the eligible tele16 health individual is located at the time the 

17 service is furnished via a telecommuni18 cations system, including the home of an 

19 individual.’’. 

20 (2) CONFORMING AMENDMENTS.—Such section 

21 is amended— 

22 (A) in paragraph (2)(B)— 

23 (i) in clause (i), in the matter pre24 ceding subclause (I), by striking ‘‘clause 

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

26 and 


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1 (ii) by adding at the end the following 

2 new clause: 

3 ‘‘(iii) NO FACILITY FEE FOR NEW

4 SITES.—With respect to telehealth services 

5 furnished on or after the date of enact6 ment of this clause, a facility fee shall only 

7 be paid under this subparagraph to an 

8 originating site that is described in para9 graph (4)(C)(ii) (other than subclause (X) 

10 of such paragraph).’’; 

11 (B) in paragraph (4)(C)— 

12 (i) in clause (i), in the matter pre13 ceding subclause (I), by inserting ‘‘and 

14 clause (iii)’’ after ‘‘and (7)’’; and 

15 (ii) in clause (ii)(X), by inserting 

16 ‘‘prior to the first day after the end of the 

17 emergency period described in section 

18 1135(g)(1)(B)’’ before the period; 

19 (C) in paragraph (5), by inserting ‘‘and 

20 prior to the first day after the end of the emer21 gency period described in section 

22 1135(g)(1)(B)’’ after ‘‘January 1, 2019,’’; 

23 (D) in paragraph (6)(A), by inserting ‘‘and 

24 prior to the first day after the end of the emerVerDate Sep 11 2014 01:53 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1332.IH H1332

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1 gency period described in section 

2 1135(g)(1)(B),’’ after ‘‘January 1, 2019,’’; and 

3 (E) in paragraph (7), by adding at the end 

4 the following new subparagraph: 

5 ‘‘(C) SUNSET.—The provisions of this 

6 paragraph shall not apply with respect to serv7 ices furnished on or after the first day after the 

8 end of the emergency period described in sec9 tion 1135(g)(1)(B).’’. 

10 (b) EXPANDING PRACTITIONERS ELIGIBLE TO FUR11 NISH TELEHEALTH SERVICES.—Section 1834(m) of the 

12 Social Security Act (42 U.S.C. 1395m(m)) is amended— 

13 (1) in paragraph (1), by striking ‘‘(described in 

14 section 1842(b)(18)(C))’’ and inserting ‘‘(defined in 

15 paragraph (4)(E))’’; and 

16 (2) in paragraph (4)(E)— 

17 (A) by striking ‘‘PRACTITIONER.—The 

18 term’’ and inserting ‘‘PRACTITIONER.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), the term’’; and 

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

22 subparagraph: 

23 ‘‘(B) EXPANSION.—The Secretary, after 

24 consulting with stakeholders regarding services 

25 that are clinically appropriate, may expand the 


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1 types of practitioners who may furnish tele2 health services to include any health care pro3 fessional that is eligible to bill the program 

4 under this title for their professional services.’’. 

5 (c) RETENTION OF ADDITIONAL SERVICES AND SUB6 REGULATORY PROCESS FOR MODIFICATIONS FOLLOWING

7 EMERGENCY PERIOD.—Section 1834(m)(4)(F) of the So8 cial Security Act (42 U.S.C. 1395m(m)(4)(F)) is amend9 ed— 

10 (1) in clause (i), by inserting ‘‘and clause (iii)’’ 

11 after ‘‘paragraph (8)’’; 

12 (2) in clause (ii), by striking ‘‘The Secretary’’ 

13 and inserting ‘‘Subject to clause (iii), the Sec14 retary’’; and 

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

16 clause: 

17 ‘‘(iii) RETENTION OF ADDITIONAL

18 SERVICES AND SUBREGULATORY PROCESS

19 FOR MODIFICATIONS FOLLOWING EMER20 GENCY PERIOD.—With respect to tele21 health services furnished after the last day 

22 of the emergency period described in sec23 tion 1135(g)(1)(B), the Secretary may— 

24 ‘‘(I) retain as appropriate the ex25 panded list of telehealth services specVerDate Sep 11 2014 01:53 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1332.IH H1332

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1 ified in clause (i) pursuant to the 

2 waiver authority under section 

3 1135(b)(8) during such emergency pe4 riod; and 

5 ‘‘(II) retain the subregulatory 

6 process used to modify the services in7 cluded on the list of such telehealth 

8 services pursuant to clause (ii) during 

9 such emergency period.’’. 

10 (d) ENHANCING TELEHEALTH SERVICES FOR FED11 ERALLY QUALIFIED HEALTH CENTERS AND RURAL

12 HEALTH CLINICS.—Section 1834(m)(8) of the Social Se13 curity Act (42 U.S.C. 1395m(m)(8)) is amended— 

14 (1) in the paragraph heading by inserting ‘‘AND

15 AFTER’’ after ‘‘DURING’’; 

16 (2) in subparagraph (A), in the matter pre17 ceding clause (i), by inserting ‘‘and after’’ after 

18 ‘‘During’’; and 

19 (3) in the first sentence of subparagraph (B)(i), 

20 by inserting ‘‘and after’’ after ‘‘during’’. 

21 (e) USE OF TELEHEALTH, AS CLINICALLY APPRO22 PRIATE, TO CONDUCT FACE-TO-FACE ENCOUNTER FOR

23 HOSPICE CARE.—Section 1814(a)(7)(D)(i)(II) of the So24 cial Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is 


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1 amended by inserting ‘‘and after such emergency period 

2 as clinically appropriate’’ after ‘‘1135(g)(1)(B)’’. 

3 (f) USE OF TELEHEALTH, AS CLINICALLY APPRO4 PRIATE, TO CONDUCT FACE-TO-FACE CLINICAL ASSESS5 MENTS FOR HOME DIALYSIS.—Clause (iii) of section 

6 1881(b)(3)(B) of the Social Security Act (42 U.S.C. 

7 1395rr(b)(3)(B)) is amended— 

8 (1) by moving such clause 4 ems to the left; 

9 and 

10 (2) by inserting ‘‘and after such emergency pe11 riod as clinically appropriate’’ before the period. 

12 (g) IMPLEMENTATION.—Notwithstanding any provi13 sion of law, the Secretary may implement the provisions 

14 of, and amendments made by, this section by interim final 

15 rule, program instruction, or otherwise. 

Æ 


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