I 
116TH CONGRESS 
2D SESSION 
H. R. 7992 
To expand access to telehealth services, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 7, 2020 
Mrs. WAGNER introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, the Judiciary, and Veterans’ Affairs, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To expand access to telehealth services, and for other 
purposes. 
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 ‘‘Telehealth Act’’. 
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TITLE I—VA MISSION 
TELEHEALTH CLARIFICATION 
SEC. 101. LICENSURE OF HEALTH CARE PROFESSIONALS 
PROVIDING TREATMENT VIA TELEMEDICINE. 
Section 1730C(b) of title 38, United States Code, is 
amended to read as follows: 
‘‘(b) COVERED HEALTH CARE PROFESSIONALS.— 
For purposes of this section, a covered health care profes-
sional is any of the following individuals: 
‘‘(1) A health care professional who— 
‘‘(A) is an employee of the Department ap-
pointed under the authority under section 7306, 
7401, 7405, 7406, or 7408 of this title or title 
5; 
‘‘(B) is authorized by the Secretary to pro-
vide health care under this chapter; 
‘‘(C) is required to adhere to all standards 
for quality relating to the provision of medicine 
in accordance with applicable policies of the De-
partment; and 
‘‘(D) has an active, current, full, and unre-
stricted license, registration, or certification in 
a State to practice the health care profession of 
the health care professional. 
‘‘(2) A health professional trainee who— 
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‘‘(A) is appointed under section 7405 or 
7406 of this title; and 
‘‘(B) is under the clinical supervision of a 
health care professional described in paragraph 
(1).’’. 
TITLE II—ADVANCING 
TELEHEALTH BEYOND COVID–19 
SEC. 201. PERMITTING THE SECRETARY OF HEALTH AND 
HUMAN SERVICES TO WAIVE REQUIREMENTS 
RELATING TO THE FURNISHING OF TELE-
HEALTH SERVICES UNDER THE MEDICARE 
PROGRAM. 
Section 1834(m) of the Social Security Act (42 
U.S.C. 1395m(m)) is amended by adding at the end the 
following new paragraph: 
‘‘(9) AUTHORITY TO WAIVE TELEHEALTH RE-
QUIREMENTS.—Notwithstanding any other provision 
of this subsection, the Secretary may waive any such 
provision for any area and time period specified by 
the Secretary.’’. 
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SEC. 202. MAKING PERMANENT THE ABILITY OF FEDER-
ALLY QUALIFIED HEALTH CENTERS AND 
RURAL HEALTH CLINICS TO FURNISH TELE-
HEALTH SERVICES UNDER THE MEDICARE 
PROGRAM. 
Section 1834(m)(8) of the Social Security Act (42 
U.S.C. 1395m(m)(8)) is amended— 
(1) in the header, by striking ‘‘DURING EMER-
GENCY PERIOD’’; 
(2) in subparagraph (A), in the matter pre-
ceding clause (i), by striking ‘‘During’’ and inserting 
‘‘Beginning on the first day of’’; and 
(3) in subparagraph (B)(i), by striking ‘‘during 
such emergency period’’. 
SEC. 203. CLARIFICATION FOR FRAUD AND ABUSE LAWS 
REGARDING TECHNOLOGIES PROVIDED TO 
BENEFICIARIES. 
Section 1128A(i)(6) of the Social Security Act (42 
U.S.C. 1320a–7a(i)(6)) is amended— 
(1) in subparagraph (I), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) in subparagraph (J), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
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‘‘(K) the provision of technologies (as de-
fined by the Secretary) on or after the date of 
the enactment of this subparagraph, by a pro-
vider of services or supplier (as such terms are 
defined for purposes of title XVIII) directly to 
an individual who is entitled to benefits under 
part A of title XVIII, enrolled under part B of 
such title, or both, for the purpose of furnishing 
telehealth services, remote patient monitoring 
services, or other services furnished through the 
use of technology (as defined by the Secretary), 
if— 
‘‘(i) the technologies are not offered 
as part of any advertisement or solicita-
tion; and 
‘‘(ii) the provision of the technologies 
meets any other requirements set forth in 
regulations 
promulgated 
by 
the 
Sec-
retary.’’. 
TITLE III—ENHANCE ACCESS TO 
SUPPORT ESSENTIAL BEHAV-
IORAL HEALTH SERVICES 
SEC. 301. FINDINGS. 
Congress finds as follows: 
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(1) Nearly 18 percent of adults in the United 
States reported a mental, behavioral, or emotional 
disorder in 2015. 
(2) Children are also significantly impacted. Ac-
cording to the Centers for Disease Control and Pre-
vention, 1 in 6 children ages 2 years through 8 years 
have a diagnosed mental, behavioral, or develop-
mental disorder, indicating that disorders begin in 
early childhood and affect lifelong health. 
(3) Moreover, 1 in 7 children and adolescents 
have at least one treatable mental health disorder. 
(4) There is a critical link between mental 
health and substance use disorders. According to the 
Substance Abuse and Mental Health Services Ad-
ministration, 1 in 4 adults with severe mental illness 
had a substance use disorder in 2017. 
(5) Moreover, children who have had a major 
depressive episode are more than twice as likely to 
use illicit drugs. 
(6) In 2017, approximately 19.7 million people 
aged 12 years or older had a substance use disorder 
related to their use of alcohol or illicit drugs in the 
past year. 
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(7) Despite this overwhelming need, access to 
behavioral health services remains among the most 
pressing health care challenges in our country. 
(8) An estimated 56 percent of Americans with 
a mental health disorder did not receive treatment in 
2017. 
(9) Similarly, half of children and adolescents 
did not receive treatment for their mental health dis-
order in 2016. 
(10) Further complicating access to care, as de-
mand for behavioral health services increases in 
communities across the United States, the number 
of psychiatrists available to treat them continues to 
decline. 
(11) The population of practicing psychiatrists 
declined by more than 10 percent between the period 
of 2003 through 2013, while the population of pri-
mary care physicians and neurologists grew during 
the same period. 
(12) Technology has evolved to connect individ-
uals to health care services in new ways, including 
via telehealth. 
(13) Moreover, studies show that video visits 
are an effective strategy to provide mental health 
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treatment to children and, in fact, may be preferable 
in some cases. 
(14) During the 115th Congress, Congress rec-
ognized the potential of telehealth to ensure that 
those in urgent need of substance use disorder treat-
ment receive the care they require. 
(15) As passed and signed into law, sections 
2001 and 1009 of the SUPPORT for Patients and 
Communities Act (Public Law 115–271) expands 
the use of telehealth services for the treatment of 
opioid use disorder and other substance use dis-
orders. 
(16) It is widely recognized that there is a close 
relationship between mental health and substance 
use disorders. 
SEC. 302. MEDICARE TREATMENT OF BEHAVIORAL HEALTH 
SERVICES 
FURNISHED 
THROUGH 
TELE-
HEALTH. 
Section 1834(m) of the Social Security Act (42 
U.S.C. 1395m(m)), as amended by title II, is further 
amended— 
(1) in paragraph (4)(C)— 
(A) in clause (i), by striking ‘‘and (7)’’ and 
inserting ‘‘(7), and (10)’’; and 
(B) in clause (ii)(X)— 
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(i) by striking ‘‘or telehealth services’’ 
and inserting ‘‘, telehealth services’’; and 
(ii) by inserting ‘‘, or telehealth serv-
ices described in paragraph (10)’’ before 
the period at the end; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(10) TREATMENT
OF
BEHAVIORAL
HEALTH 
SERVICES
FURNISHED
THROUGH
TELEHEALTH.— 
The geographic requirements described in paragraph 
(4)(C)(i) shall not apply with respect to telehealth 
services that are behavioral health services furnished 
on or after July 1, 2020, to eligible telehealth indi-
viduals, including initial patient evaluations, follow- 
up medical management, and other behavioral health 
services, as determined by the Secretary, at an origi-
nating site described in paragraph (4)(C)(ii) (other 
than an originating site described in subclause (IX) 
of such paragraph).’’. 
SEC. 303. MEDICAID MENTAL AND BEHAVIORAL HEALTH 
TREATMENT THROUGH TELEHEALTH. 
Section 1009 of the SUPPORT for Patients and 
Communities Act (Public Law 115–271) is amended— 
(1) in subsection (b)— 
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(A) in the header, by striking ‘‘TREAT-
MENT FOR SUBSTANCE USE DISORDERS’’ 
and inserting ‘‘TREATMENT FOR SUBSTANCE 
USE
DISORDERS
AND
MENTAL
HEALTH 
DISORDERS
AND
BEHAVIORAL
HEALTH 
DISORDERS’’; 
(B) in the matter preceding paragraph (1), 
by striking ‘‘Not later than 1 year after the 
date of enactment of this Act, the Secretary’’ 
and inserting ‘‘The Secretary’’; 
(C) in paragraph (1)— 
(i) by striking ‘‘treatment for sub-
stance use disorders’’ and inserting ‘‘treat-
ment for substance use disorders and men-
tal health disorders and behavioral health 
disorders’’; and 
(ii) by inserting ‘‘psychotherapy,’’ 
after ‘‘counseling,’’; 
(D) in paragraph (2), by inserting ‘‘or 
mental health disorders and behavioral health 
disorders’’ after ‘‘substance use disorders’’; 
(E) in paragraph (3), by inserting ‘‘and 
mental health disorders and behavioral health 
disorders’’ after ‘‘substance use disorders’’; and 
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(F) by adding at the end, below and after 
paragraph (3), the following flush left text: 
‘‘The Secretary shall issue the guidance under this sub-
section not later than 1 year after the date of the enact-
ment of this Act, with respect to the matters described 
in the previous provisions of this subsection relating to 
substance use disorders, and not later than 2 years after 
the date of the enactment of this Act, with respect to the 
matters described in such previous provisions relating to 
mental health disorders and behavioral health disorders.’’; 
(2) in subsection (c)— 
(A) in the header, by striking ‘‘TREAT-
MENT FOR SUBSTANCE USE DISORDERS’’ 
and inserting ‘‘TREATMENT FOR SUBSTANCE 
USE
DISORDERS
AND
MENTAL
HEALTH 
DISORDERS
AND
BEHAVIORAL
HEALTH 
DISORDERS’’; 
(B) in paragraph (1), by striking ‘‘treat-
ment for substance use disorders’’ and inserting 
‘‘treatment for substance use disorders and 
mental health disorders and behavioral health 
disorders’’ each place it appears; and 
(C) in paragraph (2)— 
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(i) by inserting ‘‘with respect to sub-
stance use disorders,’’ after ‘‘paragraph 
(1),’’; and 
(ii) by adding at the end the following 
new sentence: ‘‘Not later than 2 years 
after the date of enactment of this Act, the 
Comptroller General shall submit to Con-
gress a report containing the results of the 
evaluation conducted under paragraph (1), 
with respect to mental health disorders and 
behavioral health disorders, together with 
recommendations for such legislation and 
administrative action as the Comptroller 
General determines appropriate.’’; and 
(3) in subsection (d)(1)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘and mental health disorders 
and behavioral health disorders’’ after ‘‘sub-
stance use disorders’’; 
(B) in subparagraph (A), by inserting ‘‘, 
and mental health disorders and behavioral 
health disorders’’ after ‘‘opioid use disorder’’; 
and 
(C) in subparagraph (B), by inserting 
‘‘and mental health disorders and behavioral 
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health disorders’’ after ‘‘substance use dis-
orders’’. 
SEC. 304. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
as if included in the enactment of the SUPPORT for Pa-
tients and Communities Act. 
TITLE IV—HELPING ENSURE 
ACCESS TO LOCAL TELEHEALTH 
SEC. 401. PROVIDING FOR PERMANENT COST-RELATED 
PAYMENTS FOR TELEHEALTH SERVICES FUR-
NISHED BY FEDERALLY QUALIFIED HEALTH 
CENTERS 
AND 
RURAL 
HEALTH 
CLINICS 
UNDER THE MEDICARE PROGRAM AND PER-
MANENTLY REMOVING ORIGINATING SITE 
FACILITY AND LOCATION REQUIREMENTS 
FOR DISTANT SITE TELEHEALTH SERVICES 
FURNISHED BY SUCH CENTERS AND SUCH 
CLINICS. 
(a) PERMANENT TELEHEALTH PAYMENTS.—Section 
1834(m)(8) of the Social Security Act (42 U.S.C. 
1395m(m)(8)) is amended— 
(1) in the header, by striking ‘‘DURING EMER-
GENCY PERIOD’’; 
(2) in subparagraph (A), in the matter pre-
ceding clause (i), by striking ‘‘During the emergency 
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period described in section 1135(g)(1)(B)’’ and in-
serting ‘‘With respect to telehealth services furnished 
on or after the date of the beginning of the emer-
gency period described in section 1135(g)(1)(B)’’; 
and 
(3) by striking subparagraph (B) and inserting 
the following new subparagraph: 
‘‘(B) PAYMENT.— 
‘‘(i) IN GENERAL.—A telehealth serv-
ice 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 indi-
vidual as an outpatient of such clinic or fa-
cility (as applicable) for purposes of para-
graph (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 pay-
ment system established under section 
1834(o), respectively. 
‘‘(ii) TREATMENT
OF
COSTS
FOR 
FQHC
PPS
CALCULATIONS
AND
RHC
AIR 
CALCULATIONS.—Costs associated with the 
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delivery of telehealth services by a Feder-
ally qualified health center or rural health 
clinic serving as a distant site pursuant to 
this paragraph shall be considered allow-
able costs for purposes of the prospective 
payment system established under section 
1834(o) and any payment methodologies 
developed under section 1833(a)(3), as ap-
plicable.’’. 
(b) ELIMINATION OF ORIGINATING SITE REQUIRE-
MENTS
FOR TELEHEALTH SERVICES FURNISHED
BY 
FQHCS OR RHCS.— 
(1) IN GENERAL.—Section 1834(m) of the So-
cial Security Act (42 U.S.C. 1395m(m)), as amend-
ed by subsection (a) and titles II and III, is further 
amended— 
(A) in paragraph (4)(C)(i), by striking 
‘‘(7), and (10)’’ and inserting ‘‘(7), (8), and 
(10)’’; and 
(B) 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 serv-
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ices furnished by a Federally qualified health 
center or a rural health clinic serving as a dis-
tant 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)) is amended— 
(A) in clause (i), by striking ‘‘clause (ii)’’ 
and inserting ‘‘clauses (ii) and (iii)’’; and 
(B) by adding at the end the following new 
clause: 
‘‘(iii) SPECIAL
RULE
FOR
TELE-
HEALTH SERVICES FURNISHED BY FQHCS 
AND RHCS.—No facility fee shall be paid 
under this subparagraph to an originating 
site with respect to telehealth services fur-
nished by a Federally qualified health cen-
ter or rural health clinic serving as a dis-
tant site unless such originating site is a 
site described in any of subclauses (I) 
through (IX) of paragraph (4)(C)(ii).’’. 
(c) TREATMENT OF FQHC AND RHC TELEHEALTH 
SERVICES AS A VISIT.—The Secretary of Health and 
Human Services shall revise section 405.2463 of title 42, 
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Code of Federal Regulations (or a successor regulation) 
to provide that, in the case of a Federally qualified health 
center or a rural health clinic serving as a distant site 
furnishing telehealth services to an individual in accord-
ance with section 1834(m) of the Social Security Act (42 
U.S.C. 1395m(m)), such services so furnished are consid-
ered to constitute a visit to such center or such clinic (as 
applicable) by such individual. 
TITLE V—TELEHEALTH ACROSS 
STATE LINES 
SEC. 501. NATIONAL TELEHEALTH PROGRAM. 
Subpart I of part D of title III of the Public Health 
Service Act (42 U.S.C. 254b et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 330N. NATIONAL TELEHEALTH PROGRAM. 
‘‘(a) UNIFORM NATIONAL BEST PRACTICES.— 
‘‘(1) IN GENERAL.—The Secretary shall, in con-
sultation with a range of stakeholders including the 
entities listed in paragraph (3), issue guidance on 
uniform best practices for the provision of telehealth 
across State lines. 
‘‘(2) OBJECTIVE.—The objective of the best 
practices issued under paragraph (1) shall be to, not 
later than 5 years after the date of enactment of 
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this section, provide high-quality telehealth in rural 
areas across the United States. 
‘‘(3) CONSULTATION.—The entities listed in 
this paragraph include— 
‘‘(A) technology experts; 
‘‘(B) data security experts; 
‘‘(C) primary care providers; 
‘‘(D) specialist providers; 
‘‘(E) mental health providers; 
‘‘(F) academic medical centers; 
‘‘(G) Federally qualified health centers, as 
defined in section 1861(aa) of the Social Secu-
rity Act; 
‘‘(H) State, local, or tribal health depart-
ments; 
‘‘(I) critical access hospitals; 
‘‘(J) any Federal agency with expertise in 
the provision of telecommunications or tele-
health; and 
‘‘(K) consumers of telehealth. 
‘‘(4) REPORTS.—The Secretary shall, not less 
than once every year beginning 1 year after the date 
of enactment of this section and ending on the date 
on which the guidance under paragraph (1) is 
issued, report to the Committee on Health, Edu-
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cation, Labor, and Pensions of the Senate and the 
Committee on Energy and Commerce of the House 
of Representatives on the progress of such guidance. 
‘‘(b) GRANT PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary shall for 
each of fiscal years 2020 through 2024 award 
grants to eligible entities described in paragraph (2) 
for the expansion of telehealth programs to rural 
areas. 
‘‘(2) ELIGIBLE ENTITY.—To be eligible to re-
ceive a grant under this subsection, an entity shall— 
‘‘(A) demonstrate that it is operating, on 
the date on which the entity submits an appli-
cation under subparagraph (B), an effective 
telehealth program (as determined in accord-
ance with criteria established by the Secretary); 
and 
‘‘(B) submit an application to the Sec-
retary at such time, in such manner, and con-
taining such information as the Secretary may 
reasonably require, including a plan to expand 
the telehealth program operated by the entity to 
rural areas. 
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‘‘(3) STUDY.—Not later than 3 years after the 
date of enactment of this section, the Secretary 
shall— 
‘‘(A) complete a study on the grant pro-
gram under this subsection, including the suc-
cesses and challenges of the program, lessons 
the Secretary has learned with respect to the 
program, and best practices for telehealth pro-
grams; and 
‘‘(B) submit a report on such study to the 
Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on 
Energy and Commerce of the House of Rep-
resentatives. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection, $20,000,000 for each of fiscal years 
2020 through 2024. 
‘‘(c) DEFINITION OF RURAL AREA.—In this section, 
the term ‘rural area’ has the meaning given the term in 
section 330J(e).’’. 
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SEC. 502. CENTER FOR MEDICARE AND MEDICAID INNOVA-
TION (CMMI) MODEL TO INCENTIVIZE THE 
ADOPTION OF TELEHEALTH IN ORDER TO IN-
CREASE ACCESS TO CARE IN RURAL AREAS. 
Section 1115A(b)(2)(B) of the Social Security Act 
(42 U.S.C. 1395a(b)(2)(B)) is amended by adding at the 
end the following new clause: 
‘‘(xxviii) Providing incentives under 
title XVIII to encourage the adoption of 
telehealth in order to increase access to 
care in rural areas.’’. 
TITLE 
VI—ENHANCING 
PRE-
PAREDNESS THROUGH TELE-
HEALTH 
SEC. 601. TELEHEALTH ENHANCEMENTS FOR EMERGENCY 
RESPONSE. 
Subsection (e) of section 319D of the Public Health 
Service Act (42 U.S.C. 247d–4) is amended to read as 
follows: 
‘‘(e) TELEHEALTH
ENHANCEMENTS
FOR
EMER-
GENCY RESPONSE.— 
‘‘(1) EVALUATION.—The Secretary, in consulta-
tion with the Federal Communications Commission 
and other relevant Federal agencies, shall, every 5 
years— 
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‘‘(A) conduct an inventory of telehealth ini-
tiatives in existence on the date of enactment of 
the Enhancing Preparedness through Tele-
health Act, including the— 
‘‘(i) specific location of networks and 
health information technology infrastruc-
ture that support such initiatives; 
‘‘(ii) medical, technological, and com-
munications capabilities of such initiatives; 
‘‘(iii) functionality of such initiatives; 
and 
‘‘(iv) capacity and ability of such ini-
tiatives to handle increased volume during 
the response to a public health emergency; 
‘‘(B) identify methods to expand and inter-
connect the State and regional health informa-
tion networks funded by the Secretary, the 
State and regional broadband networks funded 
by the Federal Communications Commission, 
including such networks supported by the rural 
health care support mechanism pilot program, 
and other telehealth networks; 
‘‘(C) evaluate ways to prepare for, monitor, 
respond rapidly to, or manage the events of, a 
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public health emergency through the enhanced 
use of telehealth technologies, including— 
‘‘(i) mechanisms for payment or reim-
bursement for use of such technologies and 
personnel during public health emer-
gencies; 
‘‘(ii) the use of telehealth technologies 
and services by health care providers in re-
cent public health emergencies; 
‘‘(iii) ways in which States used tele-
health technologies and services in State 
responses to public health emergencies; 
and 
‘‘(iv) 
infrastructure 
and 
resource 
needs to ensure providers have the nec-
essary tools, training, and technical assist-
ance to provide telehealth services; 
‘‘(D) identify methods for reducing legal 
barriers that deter health care professionals 
from providing telehealth services, such as by 
utilizing State emergency health care profes-
sional credentialing verification systems, en-
couraging States to establish and implement 
mechanisms to improve interstate medical licen-
sure cooperation, facilitating the exchange of in-
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formation among States regarding investiga-
tions and adverse actions, and encouraging 
States to waive the application of licensing re-
quirements during a public health emergency; 
‘‘(E) evaluate ways to integrate the prac-
tice of telehealth within the National Disaster 
Medical System or any recent actions taken re-
lated to such integration; 
‘‘(F) promote greater coordination among 
existing Federal interagency telehealth and 
health information technology initiatives; and 
‘‘(G) make recommendations related to up-
dates on the use of telehealth in public health 
emergencies in Federal and State public health 
preparedness plans and any actions taken to 
implement such recommendations. 
‘‘(2) REPORT.— 
‘‘(A) IN GENERAL.— 
‘‘(i) INITIAL REPORT.—Not later than 
1 year after the date of enactment of the 
Enhancing Preparedness through Tele-
health Act, the Secretary shall prepare and 
submit a report to the Committee on 
Health, Education, Labor, and Pensions of 
the Senate and the Committee on Energy 
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and Commerce of the House of Represent-
atives regarding the findings and rec-
ommendations pursuant to paragraph (1). 
‘‘(ii) SUBSEQUENT
REPORTS.—The 
Secretary shall submit updated reports de-
scribed in clause (i) to the committees de-
scribed in such clause not later than Janu-
ary 1, 2023, and every 5 years thereafter. 
‘‘(B) CONSIDERATIONS.—In preparing the 
reports under subparagraph (A), the Secretary 
shall take into consideration potential barriers 
to the adoption of telehealth by patients and 
providers during a public health emergency, in-
cluding— 
‘‘(i) provider reimbursement; 
‘‘(ii) insurance coverage; 
‘‘(iii) provider licensure; 
‘‘(iv) accessibility of telehealth and re-
mote technologies; and 
‘‘(v) concerns around violating rel-
evant privacy, security, and patient safety 
regulations.’’. 
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TITLE VII—KNOWING THE EFFI-
CIENCY AND EFFICACY OF 
PERMANENT 
TELEHEALTH 
OPTIONS 
SEC. 701. FINDINGS. 
Congress finds the following: 
(1) On January 21, 2020, the United States 
confirmed the Nation’s first case of the 2019 novel 
coronavirus (which presents as the disease COVID– 
19). 
(2) On January 31, 2020, the Secretary of 
Health and Human Services (in this title referred to 
as the ‘‘Secretary’’) declared a public health emer-
gency in response to COVID–19. 
(3) By March, the disease reached the pan-
demic level according to the World Health Organiza-
tion, and the President proclaimed the COVID–19 
outbreak in the United States to constitute a na-
tional emergency. 
(4) This emergency declaration authorizes the 
Secretary ‘‘to temporarily waive or modify certain 
requirements of the Medicare, Medicaid, and State 
Children’s Health Insurance programs and of the 
Health Insurance Portability and Accountability Act 
Privacy Rule throughout the duration of the public 
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health emergency declared in response to the 
COVID–19 outbreak’’. 
(5) Under this authority, the Secretary, and the 
Administrator of the Centers for Medicare & Med-
icaid Services (in this title referred to as the ‘‘Ad-
ministrator’’) acting under the Secretary’s authority, 
issued numerous rules, regulations, and waivers ena-
bling the expansion of telehealth services during the 
public health emergency. 
(6) Telehealth services play a critical role in en-
hancing access to care for patients while simulta-
neously reducing the risk of exposure to the corona-
virus for both patients and providers. 
(7) The Administrator expanded access to tele-
health services under the public health emergency to 
all Medicare beneficiaries (including clinician-pro-
vided services to new and established patients). 
(8) On April 23, 2020, the Administrator re-
leased a telehealth toolkit to assist States in expand-
ing the use of telehealth through Medicaid and 
CHIP. 
(9) Expanded telehealth options are valuable 
for all Americans during this public health crisis, 
but especially for high-risk patients and rural Ameri-
cans who already have difficulty accessing care. 
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SEC. 702. STUDIES AND REPORTS ON THE EXPANSION OF 
ACCESS TO TELEHEALTH SERVICES DURING 
THE COVID–19 EMERGENCY. 
(a) HHS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary, in consultation with the Administrator, shall 
conduct a study and submit to Congress a report on 
actions taken by the Secretary during the emergency 
period described in section 1135(g)(1)(B) of the So-
cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)) to 
expand access to telehealth services under the Medi-
care program, the Medicaid program, and the Chil-
dren’s Health Insurance program. Such report shall 
include the following: 
(A) A comprehensive list of telehealth serv-
ices available under the programs described in 
paragraph (1) and an explanation of all actions 
undertaken by the Secretary during the emer-
gency period described in such paragraph to ex-
pand access to such services. 
(B) A comprehensive list of types of pro-
viders that may be reimbursed for such services 
furnished under such programs during such pe-
riod, including a list of services which may only 
be reimbursed under such programs during 
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such period if furnished by such providers in- 
person. 
(C) A quantitative analysis of the use of 
such telehealth services under such programs 
during such period, including data points on 
use by rural, minority, low-income, and elderly 
populations. 
(D) A quantitative analysis of the use of 
such services under such programs during such 
period for mental and behavioral health treat-
ments. 
(E) An analysis of the public health im-
pacts of the actions described in subparagraph 
(A). 
(2) PUBLICATION OF REPORT.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary shall publish on the public website of 
the Department of Health and Human Services the 
report described in paragraph (1). 
(b) GAO.— 
(1) IN
GENERAL.—Not later than 210 days 
after the date of enactment of this Act, the Comp-
troller General of the United States shall conduct a 
study and submit to Congress a report on— 
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(A) the efficiency, management, and suc-
cess and failures of the expansion of access to 
telehealth services under the Medicare, Med-
icaid, and Children’s Health Insurance pro-
grams during the emergency period described in 
subsection (a)(1); and 
(B) any risk in increased fraudulent activ-
ity, and types of fraudulent activity, associated 
with such expansion. 
(2) RECOMMENDATIONS.—The report submit-
ted under paragraph (1) shall include recommenda-
tions on— 
(A) potential improvements to telehealth 
services, and expansions of such services, under 
the programs described in paragraph (1)(A); 
and 
(B) ways to address any fraudulent activ-
ity described in paragraph (1)(B). 
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TITLE VIII—TELEMEDICINE EV-
ERYWHERE LIFTING EVERY-
ONE’S HEALTHCARE EXPERI-
ENCE 
AND 
LONG 
TERM 
HEALTH HSA 
SEC. 801. PERMANENT EXEMPTION FOR TELEHEALTH 
SERVICES. 
(a) IN GENERAL.—Subparagraph (E) of section 
223(c)(2) of the Internal Revenue Code of 1986 is amend-
ed by striking ‘‘In the case of plan years beginning on 
or before December 31, 2021, a plan’’ and inserting ‘‘A 
plan’’. 
(b) CONFORMING AMENDMENT.—Clause (ii) of sec-
tion 223(c)(1)(B) of the Internal Revenue Code of 1986 
is amended by striking ‘‘(in the case of plan years begin-
ning on or before December 31, 2021)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years beginning after De-
cember 31, 2021. 
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TITLE 
IX—TELEHEALTH 
RE-
SPONSE FOR E-PRESCRIBING 
ADDICTION THERAPY SERV-
ICES 
SEC. 901. TELEHEALTH FOR SUBSTANCE USE DISORDER 
TREATMENT. 
(a) SUBSTANCE USE DISORDER SERVICES FUR-
NISHED THROUGH TELEHEALTH UNDER MEDICARE.— 
Section 1834(m)(7) of the Social Security Act (42 U.S.C. 
1395m(m)(7)) is amended by adding at the end the fol-
lowing: ‘‘With respect to telehealth services described in 
the preceding sentence that are furnished on or after Jan-
uary 1, 2020, nothing shall preclude the furnishing of 
such services through audio or telephone only technologies 
in the case where a physician or practitioner has already 
conducted an in-person medical evaluation or a telehealth 
evaluation that utilizes both audio and visual capabilities 
with the eligible telehealth individual.’’. 
(b) CONTROLLED
SUBSTANCES
DISPENSED
BY 
MEANS OF THE INTERNET.—Section 309(e)(2) of the 
Controlled Substances Act (21 U.S.C. 829(e)(2)) is 
amended— 
(1) in subparagraph (A)(i)— 
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(A) by striking ‘‘at least 1 in-person med-
ical evaluation’’ and inserting the following: ‘‘at 
least— 
‘‘(I) 1 in-person medical evalua-
tion’’; and 
(B) by adding at the end the following: 
‘‘(II) for purposes of prescribing 
a controlled substance in schedule III 
or IV, 1 telehealth evaluation; or’’; 
and 
(2) by adding at the end the following: 
‘‘(D)(i) The term ‘telehealth evaluation’ 
means a medical evaluation that is conducted in 
accordance with applicable Federal and State 
laws by a practitioner (other than a phar-
macist) who is at a location remote from the 
patient and is communicating with the patient 
using a telecommunications system referred to 
in section 1834(m) of the Social Security Act 
(42 U.S.C. 1395m(m)) that includes, at a min-
imum, audio and video equipment permitting 
two-way, real-time interactive communication 
between the patient and distant site practi-
tioner. 
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‘‘(ii) Nothing in clause (i) shall be con-
strued to imply that 1 telehealth evaluation 
demonstrates that a prescription has been 
issued for a legitimate medical purpose within 
the usual course of professional practice. 
‘‘(iii) A practitioner who prescribes the 
drugs or combination of drugs that are covered 
under section 303(g)(2)(C) using the authority 
under subparagraph (A)(i)(II) of this para-
graph shall adhere to nationally recognized evi-
dence-based guidelines for the treatment of pa-
tients with opioid use disorders and a diversion 
control plan, as those terms are defined in sec-
tion 8.2 of title 42, Code of Federal Regula-
tions, as in effect on the date of enactment of 
this subparagraph.’’. 
Æ 
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