Telehealth Benefit Expansion for Workers Act of 2023

Subjects: Health, Employee benefits and pensions, Health care costs and insurance, Health technology, devices, supplies

Summary:  <p><b>Telehealth Benefit Expansion for Workers Act of 2023</b></p> <p>This bill expands the exception for stand-alone telehealth benefits plans from certain requirements that generally apply to private health insurance plans under the Patient Protection and Affordable Care Act.</p> <p>Under the bill, employers may offer stand-alone telehealth benefits to all employees. This includes employees who are eligible for enrollment in their employer's group health plan.</p> <p>Currently, employers may offer telehealth benefits to employees who are otherwise ineligible for the employer's group health plan. This flexibility applies during any plan year beginning before the end of the COVID-19 emergency.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 824 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 824

  To amend title XXVII of the Public Health Service Act, the Employee 
 Retirement Income and Security Act of 1974, and the Internal Revenue 
Code of 1986 to treat benefits for telehealth services offered under a 
   group health plan or group health insurance coverage as excepted 
                               benefits.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2023

   Mr. Walberg (for himself, Ms. DelBene, Ms. Craig, Mr. Estes, Ms. 
   Sherrill, and Mr. Allen) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
the Committees on Education and the Workforce, and 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 XXVII of the Public Health Service Act, the Employee 
 Retirement Income and Security Act of 1974, and the Internal Revenue 
Code of 1986 to treat benefits for telehealth services offered under a 
   group health plan or group health insurance coverage as excepted 
                               benefits.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telehealth Benefit Expansion for 
Workers Act of 2023''.

SEC. 2. TREATING BENEFITS FOR TELEHEALTH SERVICES OFFERED UNDER A GROUP 
              HEALTH PLAN OR GROUP HEALTH INSURANCE COVERAGE AS 
              EXCEPTED BENEFITS.

    (a) PHSA.--
            (1) In general.--Section 2791(c)(2) of the Public Health 
        Service Act (42 U.S.C. 300gg-91(c)(2)) is amended--
                    (A) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (B) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) Benefits for telehealth services.''.
            (2) Limitation on exception to group health plans and group 
        health insurance coverage.--Section 2722(c)(1) of the Public 
        Health Service Act (42 U.S.C. 300gg-21(c)(1)) is amended--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and adjusting the 
                margins accordingly;
                    (B) by striking ``The requirements'' and inserting 
                the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the requirements.''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(B) Application of provisions in the case of 
                individual health insurance coverage for certain 
                excepted benefits.--The requirements of subparts I and 
                II shall apply to any individual health insurance 
                coverage in relation to its provision of excepted 
                benefits described in section 2791(c)(2)(C).''.
    (b) ERISA.--Section 733(c)(2) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1191b(c)(2)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Benefits for telehealth services.''.
    (c) IRC.--Section 9832(c)(2) of the Internal Revenue Code of 1986 
is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Benefits for telehealth services.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to plan years beginning on or after the date of the 
enactment of this Act.
                                 &lt;all&gt;
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