I 
117TH CONGRESS 
1ST SESSION H. R. 3371 
To provide payments for home health services furnished via visual or audio 
telecommunication systems during an emergency period. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2021 
Mr. ARRINGTON (for himself, Ms. SEWELL, Mr. KELLY of Pennsylvania, and 
Mr. THOMPSON of California) introduced the following bill; which was re-
ferred to the Committee on Ways and Means, and in addition to the 
Committee on Energy and Commerce, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide payments for home health services furnished via 
visual or audio telecommunication systems during an 
emergency period. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Home Health Emer-
gency Access to Telehealth Act’’ or the ‘‘HEAT Act’’. 
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SEC. 2. AUTHORIZATION OF PAYMENTS FOR HOME HEALTH 
SERVICES FURNISHED VIA VISUAL OR AUDIO 
TELECOMMUNICATION SYSTEMS DURING AN 
EMERGENCY PERIOD. 
(a) WAIVER AUTHORITY.— 
(1) IN GENERAL.—The first sentence of section 
1135(b) of the Social Security Act (42 U.S.C. 
1320b–5(b)) is amended— 
(A) in paragraph (8), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (9), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding the following new para-
graph: 
‘‘(10) in the case of home health services fur-
nished in an emergency area (or portion of such an 
area) during any portion of any emergency period 
(as those terms are defined in subsection (g)(1)(C)), 
the provisions of subparagraphs (A) and (B) of sec-
tion 1895(e)(1), as determined appropriate by the 
Secretary.’’. 
(2) DEFINITIONS OF EMERGENCY AREA; EMER-
GENCY PERIOD.—Section 1135(g)(1) of the Social 
Security Act (42 U.S.C. 1320b–5(g)(1)) is amend-
ed— 
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(A) in subparagraph (A), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraphs 
(B) and (C)’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(C) ADDITIONAL EXCEPTION.—For pur-
poses of subsection (b)(10), an ‘emergency area’ 
is a geographical area in which, and an ‘emer-
gency period’ is the period during which, there 
exists a public health emergency declared by the 
Secretary pursuant to section 319 of the Public 
Health Service Act.’’. 
(b) AUTHORIZATION.—Section 1895(e) of the Social 
Security Act (42 U.S.C. 1395fff(e)) is amended— 
(1) in paragraph (1), by striking ‘‘Nothing’’ 
and inserting ‘‘Subject to paragraph (2), nothing’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) EXCEPTION FOR PUBLIC HEALTH EMER-
GENCIES.—Nothing in this section shall be con-
strued as preventing a home health agency fur-
nishing a home health unit of service for which pay-
ment is made under the prospective payment system 
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established by this section for such units of service 
from furnishing services via a video or audio tele-
communication system if such services— 
‘‘(A) are furnished pursuant to a waiver 
under section 1135(b)(10); 
‘‘(B) constitute no more than 50 percent of 
the number of billable visits, consistent with the 
in-person visit equivalency determination, billed 
under the 30-day period of care established 
under section 484.215(f) of title 42, Code of 
Federal Regulations; 
‘‘(C) are furnished to a beneficiary under 
a plan of care established by a physician or 
practitioner with whom the beneficiary has an 
existing care relationship prior to the receipt of 
home health services that includes home health 
services to be furnished via a video or audio 
telecommunication system; and 
‘‘(D) such beneficiary consents to receiving 
home health services via a video or audio tele-
communication system.’’. 
(c) IMPLEMENTATION.— 
(1) IN
GENERAL.—The Secretary shall pre-
scribe regulations to apply to home health services 
furnished pursuant to the amendments made by this 
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Act, which shall become effective no later than 60 
days after the date of enactment of this Act. The 
Secretary shall issue an interim final rule, if nec-
essary, to comply with the required effective date. 
(2) CONSIDERATIONS.—In prescribing such reg-
ulations, the Secretary may consider including— 
(A) standards for the content of orders 
and patient consent for such services; 
(B) documentation of such services pro-
vided and billing units of such services; 
(C) the nature and level of resources uti-
lized for such services provided via video or 
audio telecommunication systems for purposes 
of determining equivalency with in-person visits 
in establishing the payment for such services; 
and 
(D) standards to ensure program integrity 
and prevent the incidence of fraud, waste, and 
abuse with respect to such services. 
Æ 
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