I 

116TH CONGRESS 

2D SESSION H. R. 8642 

To amend title XVIII to provide coverage and payment for certain tests 

and assistive telehealth consultations during the COVID–19 emergency 

period, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 20, 2020 

Mr. SCHWEIKERT (for himself, Mr. RUSH, and Mr. KELLY of Pennsylvania) 

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 to provide coverage and payment for 

certain tests and assistive telehealth consultations during 

the COVID–19 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 ‘‘Safe Testing at Resi5 dence Telehealth Act of 2020’’. 


dlhill on DSK120RN23PROD with BILLS
2 

•HR 8642 IH

1 SEC. 2. COVERAGE AND PAYMENT FOR CERTAIN TESTS 

2 AND ASSISTIVE TELEHEALTH CONSULTA3 TIONS DURING THE COVID–19 EMERGENCY 

4 PERIOD. 

5 (a) COVERAGE AND PAYMENT RULE.— 

6 (1) IN GENERAL.—Section 1834(m) of the So7 cial Security Act (42 U.S.C. 1395m(m)) is amended 

8 by adding at the end the following new paragraph: 

9 ‘‘(9) COVERAGE AND PAYMENT FOR CERTAIN

10 TESTS AND ASSISTIVE TELEHEALTH CONSULTA11 TIONS DURING COVID–19 EMERGENCY PERIOD.— 

12 ‘‘(A) IN GENERAL.—During the emergency 

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

14 Secretary shall pay for a test described in sub15 paragraph (C) that is ordered and an assistive 

16 telehealth consultation that is furnished via a 

17 telecommunications system by a physician or 

18 practitioner to an eligible telehealth individual 

19 enrolled under this part notwithstanding that 

20 the individual physician or practitioner ordering 

21 the test did not furnish the test or that the in22 dividual physician or practitioner providing the 

23 assistive telehealth consultation is not at the 

24 same location as the beneficiary. 

25 ‘‘(B) PAYMENT AMOUNT.—During the 

26 emergency period described in section 


dlhill on DSK120RN23PROD with BILLS
3 

•HR 8642 IH

1 1135(g)(1)(B), the Secretary shall pay to a 

2 physician or practitioner located at a distant 

3 site that— 

4 ‘‘(i) orders a test described in sub5 paragraph (C) to an eligible telehealth in6 dividual an amount equal to the amount 

7 that such physician or practitioner would 

8 have been paid for a diagnostic laboratory 

9 test under section 1833(h); and 

10 ‘‘(ii) furnishes an assistive telehealth 

11 consultation to an eligible telehealth indi12 vidual an amount equal to the amount that 

13 a physician or practitioner would have been 

14 paid for such telehealth service under para15 graph (2). 

16 ‘‘(C) TESTS DESCRIBED.—For purposes of 

17 subparagraphs (A) and (B), a test described in 

18 this subparagraph is a medical device (as de19 fined in section 201(h) of the Federal Food, 

20 Drug, and Cosmetic Act) or is a test approved 

21 under an emergency use authorization under 

22 section 564 of such Act and is either— 

23 ‘‘(i) a diagnostic laboratory test for 

24 the diagnosis of influenza or a similar res25 piratory condition that is required to obVerDate Sep 11 2014 01:52 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8642.IH H8642

dlhill on DSK120RN23PROD with BILLS
4 

•HR 8642 IH

1 tain a final diagnosis of COVID–19 for an 

2 individual when such test is ordered by a 

3 physician or practitioner in conjunction 

4 with a COVID–19 diagnostic laboratory 

5 test for purposes of discounting a diagnosis 

6 of influenza or a related diagnosis for such 

7 individual; or 

8 ‘‘(ii) a serology test for COVID–19. 

9 ‘‘(D) OTHER MATTERS RELATING TO DOC10 UMENTATION AND CLAIMS REVIEW.—The re11 quirements of paragraphs (2) and (3) of section 

12 410.32(d) of title 42, Code of Federal Regula13 tions (as in effect on the date of the enactment 

14 of this paragraph), relating to documentation 

15 and claims review, respectively, shall apply to a 

16 test described in subparagraph (C) and an as17 sistive telehealth consultation. 

18 ‘‘(E) DEMOGRAPHIC DATA.—To be eligible 

19 for reimbursement under this paragraph, each 

20 claim for reimbursement shall include, with re21 spect to such an eligible telehealth individual, 

22 the following demographic data: 

23 ‘‘(i) Age. 

24 ‘‘(ii) Race and ethnicity. 

25 ‘‘(iii) Gender. 


dlhill on DSK120RN23PROD with BILLS
5 

•HR 8642 IH

1 ‘‘(iv) An affirmative or negative state2 ment of the existence of any chronic condi3 tion. 

4 ‘‘(v) Any other information the Sec5 retary determines appropriate. 

6 ‘‘(F) ASSISTIVE TELEHEALTH CONSULTA7 TION.—In this paragraph, the term ‘assistive 

8 telehealth consultation’ means a telehealth serv9 ice (as defined in paragraph (4)(F)) that is— 

10 ‘‘(i) an evaluation and management 

11 service; 

12 ‘‘(ii) an assessment of any evidence of 

13 systems which would make a diagnostic 

14 laboratory test necessary to be furnished in 

15 the home of an eligible telehealth indi16 vidual; 

17 ‘‘(iii) the ordering of a diagnostic lab18 oratory test; 

19 ‘‘(iv) an assessment of an individual 

20 succeeding the delivery of a diagnostic lab21 oratory test; 

22 ‘‘(v) any assistance in the collection of 

23 a sample necessary for a diagnostic labora24 tory test and securing the sample for ship25 ping; 


dlhill on DSK120RN23PROD with BILLS
6 

•HR 8642 IH

1 ‘‘(vi) the referral of an eligible tele2 health individual to a physician or practi3 tioner for in-person treatment; or 

4 ‘‘(vii) the review of a diagnostic lab5 oratory test by a physician or practi6 tioner.’’. 

7 (2) REPORT.— 

8 (A) IN GENERAL.—During the period be9 ginning 20 days after the date of the enactment 

10 of this Act and ending on the last day of the 

11 emergency period, each physician and practi12 tioner, who furnishes a test or an assistive tele13 health consultation during such period, shall, on 

14 a monthly basis during such period, submit to 

15 the Administrator of the Centers for Medicare 

16 & Medicaid Services and the appropriate State 

17 health agency demographic data specified under 

18 section 1834(m)(9)(E) of the Social Security 

19 Act (42 U.S.C. 1395m(m)(9)(E)) with respect 

20 to individuals to whom such test or consultation 

21 was so furnished (in accordance with the 

22 HIPAA privacy regulation). 

23 (B) DEFINITIONS.—In this paragraph: 

24 (i) ASSISTIVE TELEHEALTH CON25 SULTATION.—The term ‘‘assistive teleVerDate Sep 11 2014 01:52 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8642.IH H8642

dlhill on DSK120RN23PROD with BILLS
7 

•HR 8642 IH

1 health consultation’’ has the meaning given 

2 such term in section 1834(m)(9)(E) of the 

3 Social Security Act (42 U.S.C. 

4 1395m(m)(9)(F)). 

5 (ii) EMERGENCY PERIOD.—The term 

6 ‘‘emergency period’’ has the meaning as 

7 such term is described in section 

8 1135(g)(1)(B) of the Social Security Act 

9 (42 U.S.C. 1320b–5(g)(1)(B)). 

10 (iii) HIPAA PRIVACY REGULATION.— 

11 The term ‘‘HIPAA privacy regulation’’ has 

12 the meaning given such term in section 

13 1180(b)(3) of the Social Security Act (42 

14 U.S.C. 1320d–9(b)(3)). 

15 (iv) TEST.—The term ‘‘test’’ has the 

16 meaning as such term is described in sec17 tion 1834(m)(9)(C) of the Social Security 

18 Act (42 U.S.C. 1395m(m)(9)(C)). 

19 (b) NO PAYMENT FOR CERTAIN IN-PERSON TEST

20 AFTER TELEHEALTH TEST DURING THE COVID–19 

21 EMERGENCY PERIOD.— 

22 (1) IN GENERAL.—Section 1833(h) of the So23 cial Security Act (42 U.S.C. 1395l(h)) is amended— 

24 (A) in paragraph (1)(A), by striking ‘‘Sub25 ject to section 1834(d)(1)’’ and inserting ‘‘SubVerDate Sep 11 2014 01:52 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8642.IH H8642

dlhill on DSK120RN23PROD with BILLS
8 

•HR 8642 IH

1 ject to section 1834(a)(1) and paragraph (10)’’; 

2 and 

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

4 paragraph: 

5 ‘‘(10) During the emergency period described in sec6 tion 1135(g)(1)(B), the Secretary may not make payment 

7 for a test described in section 1834(m)(9)(C) that is fur8 nished in-person by a physician or practitioner to an indi9 vidual if a physician or practitioner has previously ordered 

10 such a test via a telecommunications system pursuant to 

11 section 1834(m)(9)(A), unless the physician or practi12 tioner determines such a test is medically necessary and 

13 appropriate (as determined by the Secretary).’’. 

14 (2) REPORT.—Not later than 1 year after the 

15 termination of the emergency period described in 

16 section 1135(g)(1)(B) of the Social Security Act (42 

17 U.S.C. 1320b–5(g)(1)(B)), the Inspector General of 

18 the Department of Health and Human Services shall 

19 review claims for payment for tests described in sec20 tion 1834(m)(9)(C) of such Act (42 U.S.C. 

21 1395m(m)(9)(C)) furnished during such emergency 

22 period and submit to Congress a report on any in23 stances of waste, fraud, or abuse identified through 

24 such review. 


dlhill on DSK120RN23PROD with BILLS
9 

•HR 8642 IH

1 (c) CONFORMING AMENDMENTS.—Section 1834(m) 

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

3 1395m(m)(4)(C)(ii)(X)), as amended by subsection (a), is 

4 further amended— 

5 (1) in paragraph (1), by striking ‘‘Subject to 

6 paragraph (8)’’ and inserting ‘‘Subject to para7 graphs (8) and (9)’’; 

8 (2) in paragraph (2), by striking ‘‘Subject to 

9 paragraph (8)’’ and inserting ‘‘Subject to para10 graphs (8) and (9)’’; and 

11 (3) in paragraph (4)(C)(ii)(X), by striking 

12 ‘‘telehealth services described in paragraph (7)’’ and 

13 inserting ‘‘telehealth services described in paragraph 

14 (7) or (9)’’. 

Æ 


dlhill on DSK120RN23PROD with BILLS