Telehealth Modernization Act

To amend title XVIII of the Social Security Act to make permanent certain telehealth flexibilities under the Medicare program related to the COVID–19 public health emergency. 1. Short title This Act may be cited as the Telehealth Modernization Act 2. Extending Medicare telehealth flexibilities (a) Expanding access to telehealth services (1) In general Section 1834(m)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C) (iii) Expanding access to telehealth services With respect to telehealth services furnished beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B) of this clause, the term originating site . (2) Conforming amendments Such section is amended— (A) in paragraph (2)(B)— (i) in clause (i), in the matter preceding subclause (I), by striking clause (ii) clauses (ii) and (iii) (ii) by adding at the end the following new clause: (iii) No facility fee for new sites With respect to telehealth services furnished on or after the date of enactment of this clause, a facility fee shall only be paid under this subparagraph to an originating site that is described in paragraph (4)(C)(ii) (other than subclause (X) of such paragraph). ; (B) in paragraph (4)(C)— (i) in clause (i), in the matter preceding subclause (I), by inserting and clause (iii) and (7) (ii) in clause (ii)(X), by inserting prior to the first day after the end of the emergency period described in section 1135(g)(1)(B) (C) in paragraph (5), by inserting and prior to the first day after the end of the emergency period described in section 1135(g)(1)(B) January 1, 2019, (D) in paragraph (6)(A), by inserting and prior to the first day after the end of the emergency period described in section 1135(g)(1)(B), January 1, 2019, (E) in paragraph (7), by adding at the end the following new subparagraph: (C) Sunset The provisions of this paragraph shall not apply with respect to services furnished on or after the first day after the end of the emergency period described in section 1135(g)(1)(B). . (b) Expanding practitioners eligible To furnish telehealth services Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) (1) in paragraph (1), by striking (described in section 1842(b)(18)(C)) (defined in paragraph (4)(E)) (2) in paragraph (4)(E)— (A) by striking practitioner practitioner (A) In general Subject to subparagraph (B), the term ; and (B) by adding at the end the following new subparagraph: (B) Expansion The Secretary, after consulting with stakeholders regarding services that are clinically appropriate, may expand the types of practitioners who may furnish telehealth services to include any health care professional that is eligible to bill the program under this title for their professional services. . (c) Retention of additional services and subregulatory process for modifications following emergency period Section 1834(m)(4)(F) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F) (1) in clause (i), by inserting and clause (iii) paragraph (8) (2) in clause (ii), by striking The Secretary Subject to clause (iii), the Secretary (3) by adding at the end the following new clause: (iii) Retention of additional services and subregulatory process for modifications following emergency period With respect to telehealth services furnished after the last day of the emergency period described in section 1135(g)(1)(B), the Secretary may— (I) retain as appropriate the expanded list of telehealth services specified in clause (i) pursuant to the waiver authority under section 1135(b)(8) during such emergency period; and (II) retain the subregulatory process used to modify the services included on the list of such telehealth services pursuant to clause (ii) during such emergency period. . (d) Enhancing telehealth services for federally qualified health centers and rural health clinics Section 1834(m)(8) of the Social Security Act ( 42 U.S.C. 1395m(m)(8) (1) in the paragraph heading by inserting and after during (2) in subparagraph (A), in the matter preceding clause (i), by inserting and after During (3) in the first sentence of subparagraph (B)(i), by inserting and after during (e) Use of telehealth, as clinically appropriate, To conduct face-to-Face encounter for hospice care Section 1814(a)(7)(D)(i)(II) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(D)(i)(II) and after such emergency period as clinically appropriate 1135(g)(1)(B) (f) Use of telehealth, as clinically appropriate, To conduct face-to-Face clinical assessments for home dialysis Clause (iii) of section 1881(b)(3)(B) of the Social Security Act ( 42 U.S.C. 1395rr(b)(3)(B) (1) by moving such clause 4 ems to the left; and (2) by inserting and after such emergency period as clinically appropriate (g) Implementation Notwithstanding any provision of law, the Secretary may implement the provisions of, and amendments made by, this section by interim final rule, program instruction, or otherwise.

Summary: Telehealth Modernization Act This bill modifies requirements relating to coverage of telehealth services under Medicare. Specifically, the bill extends certain flexibilities that were initially authorized during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019). Among other things, the bill allows (1) rural health clinics and federally qualified health centers to serve as the distant site (i.e., the location of the health care practitioner); (2) the home of a beneficiary to serve as the originating site (i.e., the location of the beneficiary) for all services (rather than for only certain services); and (3) all types of practitioners to furnish telehealth services, as determined by the Centers for Medicare & Medicaid Services.