I 

116TH CONGRESS 

2D SESSION H. R. 8308 

To amend the Public Health Service Act to require group health plans 

and health insurance issuers offering group or individual health insurance 

coverage to provide coverage for services furnished via telehealth if such 

services would be covered if furnished in-person, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2020 

Mr. PHILLIPS (for himself, Mr. CHABOT, and Mr. MORELLE) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to require group 

health plans and health insurance issuers offering group 

or individual health insurance coverage to provide coverage for services furnished via telehealth if such services 

would be covered if furnished in-person, 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 ‘‘Telehealth Coverage 

5 and Payment Parity Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 8308 IH

1 SEC. 2. REQUIRING GROUP HEALTH PLANS AND HEALTH 

2 INSURANCE ISSUERS OFFERING GROUP OR 

3 INDIVIDUAL HEALTH INSURANCE COVERAGE 

4 TO PROVIDE COVERAGE FOR SERVICES FUR5 NISHED VIA TELEHEALTH IF SUCH SERVICES 

6 WOULD BE COVERED IF FURNISHED IN-PER7 SON. 

8 (a) PUBLIC HEALTH SERVICE ACT.—Subpart II of 

9 part A of title XXVII of the Public Health Service Act 

10 (42 U.S.C. 300gg–11 et seq.) is amended by adding at 

11 the end the following new section: 

12 ‘‘SEC. 2730. REQUIRED COVERAGE OF TELEHEALTH SERV13 ICES. 

14 ‘‘(a) IN GENERAL.—A group health plan and a health 

15 insurance issuer offering group or individual health insur16 ance coverage, including a grandfathered health plan (as 

17 defined in section 1251(e) of the Patient Protection and 

18 Affordable Care Act (42 U.S.C. 18011(e)))— 

19 ‘‘(1) shall— 

20 ‘‘(A) provide benefits under such plan or 

21 such coverage for any eligible service (as de22 fined in subsection (b)), including a mental 

23 health and substance use disorder service, fur24 nished via a qualifying telecommunications sys25 tem (as defined in subsection (b)) by a health 

26 care provider to an individual who is a particiVerDate Sep 11 2014 00:28 Oct 06, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8308.IH H8308

kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 8308 IH

1 pant, beneficiary, or enrollee under such plan or 

2 such coverage, notwithstanding that such pro3 vider furnishing such service is not at the same 

4 location as the individual; 

5 ‘‘(B) so provide such benefits for such 

6 service under the same terms and with applica7 tion of the same cost-sharing requirements (in8 cluding a deductible, copayment, or coinsur9 ance) as would apply if such service were fur10 nished by such provider to such individual in11 person; 

12 ‘‘(C) reimburse such provider for such 

13 service in an amount equal to the amount of re14 imbursement for such service had such service 

15 been furnished by such provider to such indi16 vidual in-person; 

17 ‘‘(D) not impose any requirement under 

18 such plan or coverage that such provider have 

19 a prior relationship with such individual; and 

20 ‘‘(E) not restrict the ability of any health 

21 care provider with a contractual relationship for 

22 furnishing an eligible service under such plan or 

23 coverage from furnishing such service via a 

24 qualifying telecommunications system, and shall 

25 not establish incentives or penalties under such 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 8308 IH

1 plan or coverage for receiving such an eligible 

2 service from such a provider via such a system; 

3 and 

4 ‘‘(2) may waive any cost-sharing requirement 

5 (including application of a deductible, copayment, or 

6 coinsurance) for an item or service furnished for 

7 purposes of diagnosing or treating COVID-19, in8 cluding any such service that is an eligible service 

9 furnished via a qualifying telecommunications sys10 tem. 

11 ‘‘(b) DEFINITIONS.—In this section: 

12 ‘‘(1) ELIGIBLE SERVICE.—The term ‘eligible 

13 service’ means, with respect to a group health plan 

14 and a health insurance issuer offering group or indi15 vidual health insurance coverage, a service— 

16 ‘‘(A) for which benefits are provided under 

17 such plan or such coverage when such service is 

18 furnished in-person; 

19 ‘‘(B) that is medically necessary (as deter20 mined by the health care provider furnishing 

21 such service); and 

22 ‘‘(C) that is able to be safely and effec23 tively furnished via a telecommunications sys24 tem. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 8308 IH

1 ‘‘(2) QUALIFYING TELECOMMUNICATIONS SYS2 TEM.—The term ‘qualifying telecommunications sys3 tem’ means a telecommunications system that in4 cludes, at a minimum, audio capabilities permitting 

5 two-way, real-time interactive communication be6 tween the individual receiving an eligible service via 

7 such system and the health care provider furnishing 

8 such system, including a telephone, 

9 videoconferencing system, internet communications 

10 system, streaming media communications system, 

11 and such other system as specified by the Secretary 

12 of Health and Human Services.’’. 

13 (b) APPLICATION.—The amendment made by sub14 section (a) shall apply with respect to plan years beginning 

15 on or after January 1, 2021. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS