I 

117TH CONGRESS 

1ST SESSION H. R. 318 

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 

JANUARY 13, 2021 

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 2021’’. 


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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 of the following new para9 graph: 

10 ‘‘(9) COVERAGE AND PAYMENT FOR CERTAIN

11 TESTS AND ASSISTIVE TELEHEALTH CONSULTA12 TIONS DURING COVID–19 EMERGENCY PERIOD.— 

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

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

15 Secretary shall pay for a test described in sub16 paragraph (C) that is ordered and an assistive 

17 telehealth consultation that is furnished via a 

18 telecommunications system by a physician or 

19 practitioner to an eligible telehealth individual 

20 enrolled under this part notwithstanding that 

21 the individual physician or practitioner ordering 

22 the test did not furnish the test or that the in23 dividual physician or practitioner providing the 

24 assistive telehealth consultation is not at the 

25 same location as the beneficiary. 


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1 ‘‘(B) PAYMENT AMOUNT.—During the 

2 emergency period described in section 

3 1135(g)(1)(B), the Secretary shall pay to a 

4 physician or practitioner located at a distant 

5 site that— 

6 ‘‘(i) orders a test described in sub7 paragraph (C) to an eligible telehealth in8 dividual an amount equal to the amount 

9 that such physician or practitioner would 

10 have been paid for a diagnostic laboratory 

11 test under section 1833(h); and 

12 ‘‘(ii) furnishes an assistive telehealth 

13 consultation to an eligible telehealth indi14 vidual an amount equal to the amount that 

15 a physician or practitioner would have been 

16 paid for such telehealth service under para17 graph (2). 

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

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

20 this subparagraph is a medical device (as de21 fined in section 201(h) of the Federal Food, 

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

23 under an emergency use authorization under 

24 section 564 of such Act and is either— 


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1 ‘‘(i) a diagnostic laboratory test for 

2 the diagnosis of influenza or a similar res3 piratory condition that is required to ob4 tain a final diagnosis of COVID–19 for an 

5 individual when such test is ordered by a 

6 physician or practitioner in conjunction 

7 with a COVID–19 diagnostic laboratory 

8 test for purposes of discounting a diagnosis 

9 of influenza or a related diagnosis for such 

10 individual; or 

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

12 ‘‘(D) OTHER MATTERS RELATING TO DOC13 UMENTATION AND CLAIMS REVIEW.—The re14 quirements of paragraphs (2) and (3) of section 

15 410.32(d) of title 42, Code of Federal Regula16 tions (as in effect on the date of the enactment 

17 of this paragraph), relating to documentation 

18 and claims review, respectively, shall apply to a 

19 test described in subparagraph (C) and an as20 sistive telehealth consultation. 

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

22 for reimbursement under this paragraph, each 

23 claim for reimbursement shall include, with re24 spect to such an eligible telehealth individual, 

25 the following demographic data: 


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1 ‘‘(i) Age. 

2 ‘‘(ii) Race and ethnicity. 

3 ‘‘(iii) Gender. 

4 ‘‘(iv) An affirmative or negative state5 ment of the existence of any chronic condi6 tion. 

7 ‘‘(v) Any other information the Sec8 retary determines appropriate. 

9 ‘‘(F) ASSISTIVE TELEHEALTH CONSULTA10 TION.—In this paragraph, the term ‘assistive 

11 telehealth consultation’ means a telehealth serv12 ice (as defined in paragraph (4)(F)) that is— 

13 ‘‘(i) an evaluation and management 

14 service; 

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

16 systems which would make a diagnostic 

17 laboratory test necessary to be furnished in 

18 the home of an eligible telehealth indi19 vidual; 

20 ‘‘(iii) the ordering of a diagnostic lab21 oratory test; 

22 ‘‘(iv) an assessment of an individual 

23 succeeding the delivery of a diagnostic lab24 oratory test; 


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

2 a sample necessary for a diagnostic labora3 tory test and securing the sample for ship4 ping; 

5 ‘‘(vi) the referral of an eligible tele6 health individual to a physician or practi7 tioner for in-person treatment; or 

8 ‘‘(vii) the review of a diagnostic lab9 oratory test by a physician or practi10 tioner.’’. 

11 (2) REPORT.— 

12 (A) IN GENERAL.—During the period be13 ginning 20 days after the date of the enactment 

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

15 emergency period, each physician and practi16 tioner, who furnishes a test or an assistive tele17 health consultation during such period, shall, on 

18 a monthly basis during such period, submit to 

19 the Administrator of the Centers for Medicare 

20 & Medicaid Services and the appropriate State 

21 health agency demographic data specified under 

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

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

24 to individuals to whom such test or consultation 


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1 was so furnished (in accordance with the 

2 HIPAA privacy regulation). 

3 (B) DEFINITIONS.—In this paragraph: 

4 (i) ASSISTIVE TELEHEALTH CON5 SULTATION.—The term ‘‘assistive tele6 health consultation’’ has the meaning given 

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

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

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

10 (ii) EMERGENCY PERIOD.—The term 

11 ‘‘emergency period’’ has the meaning as 

12 such term is described in section 

13 1135(g)(1)(B) of the Social Security Act 

14 (42 U.S.C. 1320b–5(g)(1)(B)). 

15 (iii) HIPAA PRIVACY REGULATION.— 

16 The term ‘‘HIPAA privacy regulation’’ has 

17 the meaning given such term in section 

18 1180(b)(3) of the Social Security Act (42 

19 U.S.C. 1320d–9(b)(3)). 

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

21 meaning as such term is described in sec22 tion 1834(m)(9)(C) of the Social Security 

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


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1 .(b) NO PAYMENT FOR CERTAIN IN-PERSON TEST

2 AFTER TELEHEALTH TEST DURING THE COVID–19 

3 EMERGENCY PERIOD.— 

4 (1) IN GENERAL.—Section 1833(h) of the So5 cial Security Act (42 U.S.C. 1395l(h)) is amended— 

6 (A) in paragraph (1)(A), by striking ‘‘Sub7 ject to section 1834(d)(1)’’ and inserting ‘‘Sub8 ject to section 1834(a)(1) and paragraph (10)’’; 

9 and 

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

11 paragraph: 

12 ‘‘(10) During the emergency period described in sec13 tion 1135(g)(1)(B), the Secretary may not make payment 

14 for a test described in section 1834(m)(9)(C) that is fur15 nished in-person by a physician or practitioner to an indi16 vidual if a physician or practitioner has previously ordered 

17 such a test via a telecommunications system pursuant to 

18 section 1834(m)(9)(A), unless the physician or practi19 tioner determines such a test is medically necessary and 

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

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

22 termination of the emergency period described in 

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

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

25 the Department of Health and Human Services shall 


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1 review claims for payment for tests described in sec2 tion 1834(m)(9)(C) of such Act (42 U.S.C. 

3 1395m(m)(9)(C)) furnished during such emergency 

4 period and submit to Congress a report on any in5 stances of waste, fraud, or abuse identified through 

6 such review. 

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

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

9 1395m(m)(4)(C)(ii)(X)), as amended by subsection (a), is 

10 further amended— 

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

12 paragraph (8)’’ and inserting ‘‘Subject to para13 graphs (8) and (9)’’; 

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

15 paragraph (8)’’ and inserting ‘‘Subject to para16 graphs (8) and (9)’’; and 

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

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

19 inserting ‘‘telehealth services described in paragraph 

20 (7) or (9)’’. 

Æ 


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