I 

117TH CONGRESS 

1ST SESSION H. R. 3447 

To amend title XVIII of the Social Security Act to expand accessibility 

to certain telehealth services under the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2021 

Mr. SMITH of Missouri (for himself and Mr. GOTTHEIMER) 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 of the Social Security Act to expand 

accessibility to certain telehealth services under the Medicare program. 

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 ‘‘Permanency for Audio5 Only Telehealth Act’’. 


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1 SEC. 2. EXPANDING ACCESSIBILITY TO CERTAIN TELE2 HEALTH SERVICES UNDER THE MEDICARE 

3 PROGRAM. 

4 (a) USE OF AUDIO-ONLY TELECOMMUNICATIONS

5 SYSTEMS FOR CERTAIN SERVICES.—Section 1834(m)(4) 

6 of the Social Security Act (42 U.S.C. 1395m(m)(4)) is 

7 amended by adding at the end the following new subpara8 graph: 

9 ‘‘(G) TELECOMMUNICATIONS SYSTEM.— 

10 ‘‘(i) IN GENERAL.—The term ‘tele11 communications system’ includes, in the 

12 case of a qualified provider (as defined in 

13 clause (ii)) furnishing a specified telehealth 

14 service (as defined in such clause) to an in15 dividual, a communications system con16 sisting only of audio capabilities, but only 

17 if such individual elects to use such system 

18 in lieu of a communications system pro19 viding both audio and visual capabilities. 

20 ‘‘(ii) DEFINITIONS.—For purposes of 

21 clause (i): 

22 ‘‘(I) QUALIFIED PROVIDER.—The 

23 term ‘qualified provider’ means, with 

24 respect to a telehealth service fur25 nished to an individual, a physician or 

26 practitioner who— 


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1 ‘‘(aa) furnished to such indi2 vidual an item or service (other 

3 than such telehealth service) in4 person, or through a communica5 tions system consisting of both 

6 audio and visual capabilities, dur7 ing the 3-year period ending on 

8 the date such telehealth service 

9 was furnished; or 

10 ‘‘(bb) is in the same practice 

11 (as determined by tax identifica12 tion number) of a physician or 

13 practitioner described in item 

14 (aa). 

15 ‘‘(II) SPECIFIED TELEHEALTH

16 SERVICE.—The term ‘specified tele17 health service’ means a telehealth 

18 service consisting of— 

19 ‘‘(aa) evaluation and man20 agement services; 

21 ‘‘(bb) mental and behavioral 

22 health services; 

23 ‘‘(cc) substance use disorder 

24 services; or 


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1 ‘‘(dd) any other service spec2 ified by the Secretary. 

3 Such term does not include commu4 nication of lab results from a physi5 cian or practitioner to an individual 

6 via a telecommunications system un7 less such communication involves a di8 agnosis of such individual based on 

9 such results or the prescription, or 

10 modification of a prescription, of a 

11 drug based on such results.’’. 

12 (b) NONAPPLICATION OF ORIGINATING SITE RE13 QUIREMENTS WITH RESPECT TO TELEHEALTH SERVICES

14 UNDER MEDICARE PROGRAM.—Section 1834(m)(4)(C) of 

15 the Social Security Act (42 U.S.C. 1395m(m)(4)(C)) is 

16 amended— 

17 (1) in clause (i), by inserting before ‘‘para18 graphs (5), (6), and (7)’’ the following: ‘‘clause (iii) 

19 and’’; and 

20 (2) by adding at the end the following new 

21 clause: 

22 ‘‘(iii) NONAPPLICATION OF ORIGI23 NATING SITE REQUIREMENTS.—Beginning 

24 on the first day of the emergency period 

25 described in section 1135(g)(1)(B), the 


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1 term ‘originating site’ means any site at 

2 which the eligible telehealth individual is 

3 located at the time the service is furnished 

4 via a telecommunications system.’’. 

5 (c) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall apply with respect to telehealth serv7 ices furnished after the last day of the emergency period 

8 described in section 1135(g)(1)(B) of the Social Security 

9 Act (42 U.S.C. 1320b–5(g)(1)(B)). 

Æ 


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