HEALTH Act of 2023

To amend title XVIII of the Social Security Act to provide for permanent payments for telehealth services furnished by Federally qualified health centers and rural health clinics under the Medicare program. 1. Short title This Act may be cited as the Helping Ensure Access to Local TeleHealth Act of 2023 HEALTH Act of 2023 2. Providing for permanent cost-related payments for telehealth services furnished by Federally qualified health centers and rural health clinics under the Medicare program and permanently removing originating site facility and location requirements for distant site telehealth services furnished by such centers and such clinics (a) Coverage of audio-Only telehealth services (1) In general Section 1834(m)(4) of the Social Security Act ( 42 U.S.C. 1395m(m)(4) (G) Telecommunications system Except as provided in paragraph (1), the term telecommunications system . (2) Required implementation steps Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall— (A) revise section 410.78(a)(3) of title 42, Code of Federal Regulations (or a successor regulation) to define the term interactive telecommunications system (B) revise section 405.2463 of such title (or a successor regulation) to provide that, for purposes of distant site telehealth services furnished by Federally qualified health centers and rural health clinics under section 1834(m)(8) of the Social Security Act ( 42 U.S.C. 1395m(m)(8) (b) Permanent telehealth payments Section 1834(m)(8) of the Social Security Act ( 42 U.S.C. 1395m(m)(8) (1) in subparagraph (A), in the matter preceding clause (i), by striking During the emergency period 2024— With respect to telehealth services furnished on or after the date of the beginning of the emergency period described in section 1135(g)(1)(B)— (2) by striking subparagraph (B) and inserting the following new subparagraph: (B) Payment (i) In general A telehealth service furnished by a rural health clinic or a Federally qualified health center serving as a distant site to an individual shall be deemed to be so furnished to such individual as an outpatient of such clinic or facility (as applicable) for purposes of paragraph (1) or (3), respectively, of section 1861(aa) and payable as a rural health clinic service or Federally qualified health center service (as applicable) under section 1833(a)(3) or under the prospective payment system established under section 1834(o), respectively. (ii) Treatment of costs for FQHC PPS calculations and RHC AIR calculations Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable. . (c) Elimination of originating site requirements for telehealth services furnished by FQHCs or RHCs (1) In general Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) (A) in paragraph (4)(C)(i), by striking and (7) (7), and (8) (B) in paragraph (8), by adding at the end the following new subparagraph: (C) Nonapplication of originating site requirements The geographic and site requirements described in paragraph (4)(C) shall not apply with respect to telehealth services furnished by a Federally qualified health center or a rural health clinic serving as a distant site. . (2) Special payment rule for originating sites with respect to telehealth services furnished by an FQHC or RHC Section 1834(m)(2)(B) of the Social Security Act ( 42 U.S.C. 1395m(m)(2)(B) (A) in clause (i), by striking clause (ii) clauses (ii) and (iii) (B) by adding at the end the following new clause: (iii) Special rule for telehealth services furnished by FQHCs and RHCs No facility fee shall be paid under this subparagraph to an originating site with respect to telehealth services furnished by a Federally qualified health center or rural health clinic serving as a distant site unless such originating site is a site described in any of subclauses (I) through (IX) or (XI) of paragraph (4)(C)(ii). .

Summary: Helping Ensure Access to Local TeleHealth Act of 2023 or the HEALTH Act of 2023 This bill modifies requirements relating to Medicare coverage of telehealth services, including services that are furnished by federally qualified health centers (FQHCs) and rural health clinics (RHCs). Specifically, the bill expands coverage to include audio-only telehealth services. It also permanently allows FQHCs and RHCs to serve as the distant site (i.e., the location of the health care practitioner) for telehealth services and excludes such services from certain geographic restrictions. Payment must be made in the same manner as for non-telehealth services, rather than in accordance with a separate methodology determined by the Centers for Medicare & Medicaid Services.