I 

116TH CONGRESS 

2D SESSION H. R. 8677 

To provide payments for home health services furnished via visual or audio 

telecommunication systems during an emergency period. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 23, 2020 

Mr. MARSHALL (for himself, Ms. SEWELL of Alabama, Mr. ARRINGTON, and 

Mr. THOMPSON of California) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the 

Committee on Energy and Commerce, 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 provide payments for home health services furnished via 

visual or audio telecommunication systems during an 

emergency period. 

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 ‘‘Home health Emer5 gency Access to Telehealth Act’’ or the ‘‘HEAT Act’’. 

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1 SEC. 2. AUTHORIZATION OF PAYMENTS FOR HOME HEALTH 

2 SERVICES FURNISHED VIA VISUAL OR AUDIO 

3 TELECOMMUNICATION SYSTEMS DURING AN 

4 EMERGENCY PERIOD. 

5 (a) WAIVER AUTHORITY.— 

6 (1) IN GENERAL.—The first sentence of section 

7 1135(b) of the Social Security Act (42 U.S.C. 

8 1320b–5(b)) is amended— 

9 (A) in paragraph (7), by striking ‘‘and’’ at 

10 the end; 

11 (B) in paragraph (8), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

13 (C) by adding the following new para14 graph: 

15 ‘‘(9) in the case of home health services fur16 nished in an emergency area (or portion of such an 

17 area) during any portion of any emergency period 

18 (as those terms are defined in subsection (g)(1)(C)), 

19 the provisions of subparagraphs (A) and (B) of sec20 tion 1895(e)(1), as determined appropriate by the 

21 Secretary.’’. 

22 (2) DEFINITIONS OF EMERGENCY AREA; EMER23 GENCY PERIOD.—Section 1135(g)(1) of the Social 

24 Security Act (42 U.S.C. 1320b–5(g)(1)) is amend25 ed— 

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1 (A) in subparagraph (A), by striking ‘‘sub2 paragraph (B)’’ and inserting ‘‘subparagraphs 

3 (B) and (C)’’; and 

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

5 subparagraph: 

6 ‘‘(C) ADDITIONAL EXCEPTION.—For pur7 poses of subsection (b)(9), an ‘emergency area’ 

8 is a geographical area in which, and an ‘emer9 gency period’ is the period during which, there 

10 exists a public health emergency declared by the 

11 Secretary pursuant to section 319 of the Public 

12 Health Service Act.’’. 

13 (b) AUTHORIZATION.—Section 1895(e) of the Social 

14 Security Act (42 U.S.C. 1395fff(e)) is amended— 

15 (1) in paragraph (1), by striking ‘‘Nothing’’ 

16 and inserting ‘‘Subject to paragraph (2), nothing’’; 

17 (2) by redesignating paragraph (2) as para18 graph (3); and 

19 (3) by inserting after paragraph (1) the fol20 lowing new paragraph: 

21 ‘‘(2) EXCEPTION FOR PUBLIC HEALTH EMER22 GENCIES.—Nothing in this section shall be con23 strued as preventing a home health agency fur24 nishing a home health unit of service for which pay25 ment is made under the prospective payment system 

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1 established by this section for such units of service 

2 from furnishing services via a video or audio tele3 communication system if such services— 

4 ‘‘(A) are furnished pursuant to a waiver 

5 under section 1135(b)(9); 

6 ‘‘(B) constitute no more than 50 percent of 

7 the number of billable visits, consistent with the 

8 in-person visit equivalency determination, billed 

9 under the 30-day period of care established 

10 under section 484.215(f) of title 42, Code of 

11 Federal Regulations; 

12 ‘‘(C) are furnished to a beneficiary under 

13 a plan of care established by a physician or 

14 practitioner with whom the beneficiary has an 

15 existing care relationship prior to the receipt of 

16 home health services that includes home health 

17 services to be furnished via a video or audio 

18 telecommunication system; and 

19 ‘‘(D) such beneficiary consents to receiving 

20 home health services via a video or audio tele21 communication system.’’. 

22 (c) IMPLEMENTATION.— 

23 (1) IN GENERAL.—The Secretary shall pre24 scribe regulations to apply to home health services 

25 furnished pursuant to the amendments made by this 

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1 Act, which shall become effective no later than 60 

2 days after the date of enactment of this Act. The 

3 Secretary shall issue an interim final rule, if nec4 essary, to comply with the required effective date. 

5 (2) CONSIDERATIONS.—In prescribing such reg6 ulations, the Secretary may consider including— 

7 (A) standards for the content of orders 

8 and patient consent for such services; 

9 (B) documentation of such services pro10 vided and billing units of such services; 

11 (C) the nature and level of resources uti12 lized for such services provided via video or 

13 audio telecommunication systems for purposes 

14 of determining equivalency with in-person visits 

15 in establishing the payment for such services; 

16 and 

17 (D) standards to ensure program integrity 

18 and prevent the incidence of fraud, waste, and 

19 abuse with respect to such services. 

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