I 

117TH CONGRESS 

1ST SESSION H. R. 1406 

To require the Secretary of Health and Human Services to collect, analyze, 

and report qualitative and quantitative data on the use of telehealth 

during the COVID–19 public health emergency. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2021 

Mr. CURTIS (for himself, Mr. WELCH, and Ms. MATSUI) 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 require the Secretary of Health and Human Services 

to collect, analyze, and report qualitative and quantitative data on the use of telehealth during 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 ‘‘COVID–19 Emergency 

5 Telehealth Impact Reporting Act of 2021’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COVID–19 PUBLIC HEALTH EMERGENCY.— 

4 The term ‘‘COVID–19 public health emergency’’ 

5 means the outbreak and public health response per6 taining to Coronavirus Disease 2019 (COVID–19), 

7 associated with the emergency declared by the Sec8 retary on January 31, 2020, under section 319 of 

9 the Public Health Service Act (42 U.S.C. 247d), and 

10 any renewals thereof and any subsequent declara11 tions by the Secretary related to COVID–19. 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Health and Human Services. 

14 SEC. 3. DATA COLLECTION AND REPORTS ON THE USE OF 

15 TELEHEALTH DURING THE COVID–19 PUBLIC 

16 HEALTH EMERGENCY. 

17 (a) DATA COLLECTION AND ANALYSIS.— 

18 (1) IN GENERAL.—Beginning not later than 30 

19 days after the date of enactment of this Act, the 

20 Secretary shall collect and analyze qualitative and 

21 quantitative data on the impact of telehealth serv22 ices, virtual check-ins, digital health, and remote pa23 tient monitoring technologies on health care delivery 

24 permitted by the waiver or modification of certain 

25 requirements under titles XVIII of the Social Secu26 rity Act (42 U.S.C. 1395 et seq.), and any regulaVerDate Sep 11 2014 18:30 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1406.IH H1406

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1 tions thereunder, pursuant to section 1135 of such 

2 Act (42 U.S.C. 1320b–5) during the COVID–19 

3 public health emergency, which may include the col4 lection of data regarding— 

5 (A) health care utilization rates across the 

6 Medicare program under title XVIII of the So7 cial Security Act (42 U.S.C. 1395 et seq.) for 

8 individuals confirmed or suspected to have 

9 COVID–19 and individuals seeking care unre10 lated to COVID–19, including— 

11 (i) patient access to telehealth services 

12 in medically underserved communities; or 

13 (ii) individuals receiving telehealth 

14 services through federally qualified health 

15 centers (as defined in section 1861(aa)(4) 

16 of the Social Security Act (42 U.S.C. 

17 1395x(aa)(4)) or rural health clinics (as 

18 defined in section 1861(aa)(2) of such Act 

19 (42 U.S.C. 1395x(aa)(2))) serving as origi20 nating sites or distant sites, and any chal21 lenges for providers furnishing telehealth 

22 services in these communities; 

23 (B) health care quality for individuals con24 firmed or suspected to have COVID–19 and inVerDate Sep 11 2014 18:30 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1406.IH H1406

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1 dividuals seeking care unrelated to COVID–19 

2 as measured by— 

3 (i) quality of care metrics, such as 

4 hospital readmission rates, missed appoint5 ment rates, or wellness visits, and 

6 (ii) engagement metrics, such as vol7 untary patient satisfaction surveys and vol8 untary provider satisfaction surveys; 

9 (C) audio-only telehealth utilization rates 

10 when other video-based telehealth was not an 

11 option or any other telehealth services that were 

12 not provided in real-time (including text-mes13 saging or through online chat platforms), the 

14 types of visits, and the types of providers treat15 ing individuals; 

16 (D) telehealth utilization rates used to 

17 treat individuals across State lines; 

18 (E) the health outcomes of any individual 

19 who utilizes telehealth services to treat an un20 derlying health condition such as diabetes, end21 stage renal disease, chronic lung disease, ob22 structive pulmonary disease, coronary artery 

23 disease, or cirrhosis and the types of technology 

24 utilized to receive care, including text-mesVerDate Sep 11 2014 18:30 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1406.IH H1406

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1 saging, online chat platforms, audio-only, or 

2 video conferencing; 

3 (F) the health outcomes of any individual 

4 who utilizes mental health care and substance 

5 use disorder treatment services, and the types 

6 of technology utilized to receive care, including 

7 text-messaging, online chat platforms, audio8 only, or video conferencing; 

9 (G) the impact of State and Federal pri10 vacy and security protections on the delivery of 

11 care and patient safety, including the security 

12 of the various technologies utilized to deliver or 

13 receive telehealth care; 

14 (H) how telehealth access differs by race, 

15 ethnicity, or income levels; 

16 (I) the types of technologies utilized to de17 liver or receive telehealth care, including Zoom, 

18 Skype, FaceTime, text messaging, online chat 

19 platforms, or other technologies, as observed by 

20 the Secretary, and utilization rates, 

21 disaggregated by type of technology (as applica22 ble); 

23 (J) the investments necessary for providers 

24 to develop a platform to effectively provide tele25 health services to their patients, including the 


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1 costs of the necessary technology and the costs 

2 of training staff; and 

3 (K) any additional information determined 

4 appropriate by the Secretary. 

5 (2) BROADBAND AVAILABILITY DATA.—Upon 

6 request by the Secretary, the Assistant Secretary of 

7 Commerce for Communications and Information and 

8 the Federal Communications Commission shall pro9 vide the Secretary any relevant data regarding the 

10 availability of broadband internet access service (as 

11 defined in section 801 of the Communications Act of 

12 1934 (47 U.S.C. 641)) for the purposes of com13 pleting the report under paragraph (1). 

14 (b) INTERIM REPORT TO CONGRESS.—Not later than 

15 90 days after the date of enactment of this Act, the Sec16 retary shall submit to the Committees on Finance and 

17 Health, Education, Labor, and Pensions of the Senate and 

18 the Committees on Ways and Means and Energy and 

19 Commerce of the House of Representatives an interim re20 port on the impact of telehealth based on the data col21 lected and analyzed under subsection (a). For the pur22 poses of the interim report, the Secretary may determine 

23 which data collected and analyzed under subsection (a) is 

24 most appropriate to complete such report. 


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1 (c) FINAL REPORT TO CONGRESS.—Not later than 

2 180 days after the date of enactment of this Act, the Sec3 retary shall submit to the Committees on Finance and 

4 Health, Education, Labor, and Pensions of the Senate and 

5 the Committees on Ways and Means and Energy and 

6 Commerce of the House of Representatives a final report 

7 on the impact of telehealth based on the data collected 

8 and analyzed under subsection (a) that includes— 

9 (1) conclusions regarding the impact of tele10 health services on health care delivery during the 

11 COVID–19 public health emergency; and 

12 (2) an estimation for total Medicare spending 

13 on telehealth services, including total spending for 

14 each specific type of service for which Medicare re15 imbursed. 

16 (d) STAKEHOLDER INPUT.— 

17 (1) IN GENERAL.—For purposes of subsections 

18 (a), (b), and (c), the Secretary shall seek input from 

19 the Medicare Payment Advisory Commission, the 

20 Medicaid and CHIP Payment and Access Commis21 sion and nongovernmental stakeholders, including 

22 patient organizations, providers, and experts in tele23 health. 

24 (2) COMMENT PERIOD.—For the purposes of 

25 this subsection, the Secretary shall establish a comVerDate Sep 11 2014 18:30 Mar 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1406.IH H1406

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1 ment period not later than 14 days after the date of 

2 enactment of this Act. 

Æ 


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