I 
117TH CONGRESS 
1ST SESSION 
H. R. 366 
To amend title XI of the Social Security Act to authorize the Secretary 
of Health and Human Services to waive or modify application of Medi-
care requirements with respect to telehealth services during any emer-
gency period, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 19, 2021 
Mr. THOMPSON of California (for himself, Ms. MATSUI, Mr. SCHWEIKERT, 
Mr. JOHNSON of Ohio, Mr. CURTIS, and Mr. WELCH) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend title XI of the Social Security Act to authorize 
the Secretary of Health and Human Services to waive 
or modify application of Medicare requirements with re-
spect to telehealth services during any emergency period, 
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 ‘‘Protecting Access to 
Post-COVID–19 Telehealth Act of 2021’’. 
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SEC. 2. AUTHORIZATION FOR THE SECRETARY OF HEALTH 
AND HUMAN SERVICES TO WAIVE OR MODIFY 
APPLICATION OF MEDICARE REQUIREMENTS 
WITH RESPECT TO TELEHEALTH SERVICES. 
(a) SECRETARIAL AUTHORITY
TO TEMPORARILY 
WAIVE OR MODIFY MEDICARE REQUIREMENTS WITH RE-
SPECT TO TELEHEALTH SERVICES FURNISHED DURING 
ANY EMERGENCY PERIOD.—Section 1135 of the Social 
Security Act (42 U.S.C. 1320b–5) is amended by adding 
at the end the following new subsection: 
‘‘(h) WAIVER OR MODIFICATION OF CERTAIN RE-
QUIREMENTS WITH RESPECT
TO TELEHEALTH SERV-
ICES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, during the period described 
paragraph (2), the Secretary may waive or modify 
any requirement with respect to a telehealth service 
payable under section 1834(m)(1) for such period. 
‘‘(2) PERIOD
DESCRIBED.—For purposes of 
paragraph (1), the period described in this para-
graph is the period— 
‘‘(A) beginning on the first day of— 
‘‘(i) an emergency or disaster declared 
by the President pursuant to the National 
Emergencies Act or the Robert T. Stafford 
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Disaster Relief and Emergency Assistance 
Act; or 
‘‘(ii) a public health emergency de-
clared by the Secretary pursuant to section 
319 of the Public Health Service Act; and 
‘‘(B) ending on the day that is 90 days 
after the last day of an emergency, disaster, or 
public health emergency described in subpara-
graph (A).’’. 
(b) REPORT.— 
(1) DEFINITIONS.—In this subsection: 
(A) COVID–19 PUBLIC
HEALTH
EMER-
GENCY.—The term ‘‘COVID–19 public health 
emergency’’ means the outbreak and public 
health response pertaining to Coronavirus Dis-
ease 2019 (COVID–19), associated with the 
emergency declared by the Secretary on Janu-
ary 31, 2020, under section 319 of the Public 
Health Service Act (42 U.S.C. 247d), and any 
renewals thereof and any subsequent declara-
tions by the Secretary related to COVID–19. 
(B) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Health and Human 
Services. 
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(2) DATA COLLECTION AND REPORTS ON THE 
USE OF TELEHEALTH DURING THE COVID–19 PUB-
LIC HEALTH EMERGENCY.— 
(A) DATA COLLECTION AND ANALYSIS.— 
(i) IN GENERAL.—Beginning not later 
than 30 days after the date of enactment 
of this Act, the Secretary shall collect and 
analyze qualitative and quantitative data 
on the impact of telehealth services, virtual 
check-ins, digital health, and remote pa-
tient monitoring technologies on health 
care delivery permitted by the waiver or 
modification of certain requirements under 
titles XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.), and any regulations 
thereunder, pursuant to section 1135 of 
such Act (42 U.S.C. 1320b–5) during the 
COVID–19 public health emergency, which 
may include the collection of data regard-
ing— 
(I) health care utilization rates 
across the Medicare program under 
title XVIII of the Social Security Act 
(42 U.S.C. 1395 et seq.) for individ-
uals confirmed or suspected to have 
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COVID–19 and individuals seeking 
care unrelated to COVID–19, includ-
ing— 
(aa) patient access to tele-
health services in medically un-
derserved communities; or 
(bb) 
individuals 
receiving 
telehealth services through feder-
ally qualified health centers (as 
defined in section 1861(aa)(4) of 
the Social Security Act (42 
U.S.C. 1395x(aa)(4)) or rural 
health clinics (as defined in sec-
tion 1861(aa)(2) of such Act (42 
U.S.C. 1395x(aa)(2))) serving as 
originating sites or distant sites, 
and any challenges for providers 
furnishing telehealth services in 
these communities; 
(II) health care quality for indi-
viduals confirmed or suspected to have 
COVID–19 and individuals seeking 
care unrelated to COVID–19 as meas-
ured by— 
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(aa) quality of care metrics, 
such 
as 
hospital 
readmission 
rates, missed appointment rates, 
or wellness visits, and 
(bb) 
engagement 
metrics, 
such as voluntary patient satis-
faction surveys and voluntary 
provider satisfaction surveys; 
(III) audio-only telehealth utiliza-
tion rates when other video-based tele-
health was not an option or any other 
telehealth services that were not pro-
vided in real-time (including text-mes-
saging or through online chat plat-
forms), the types of visits, and the 
types of providers treating individuals; 
(IV) telehealth utilization rates 
used to treat individuals across State 
lines; 
(V) the health outcomes of any 
individual who utilizes telehealth serv-
ices to treat an underlying health con-
dition such as diabetes, end-stage 
renal disease, chronic lung disease, 
obstructive pulmonary disease, coro-
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SEC. 3. RURAL HEALTH CLINICS AND FEDERALLY QUALI-
FIED HEALTH CENTERS. 
(a) 
EXPANSION
OF
DISTANT
SITES.—Section 
1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) 
is amended— 
(1) in the first sentence of paragraph (1)— 
(A) by striking ‘‘or a practitioner (de-
scribed in section 1842(b)(18)(C))’’ and insert-
ing ‘‘, a practitioner (described in section 
1842(b)(18)(C)), a federally qualified health 
center, or a rural health clinic’’; and 
(B) by striking ‘‘or practitioner’’ and in-
serting ‘‘, practitioner, federally qualified health 
center, or rural health clinic’’; 
(2) in paragraph (2)(A)— 
(A) by inserting ‘‘or to a federally qualified 
health center or rural health clinic that serves 
as a distant site’’ after ‘‘a distant site’’; and 
(B) by striking ‘‘such physician or practi-
tioner’’ and inserting ‘‘such physician, practi-
tioner, federally qualified health center, or rural 
health clinic’’; and 
(3) in paragraph (4)— 
(A) in subparagraph (A), by inserting 
‘‘and includes a federally qualified health center 
or rural health clinic that furnishes a telehealth 
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service to an eligible individual’’ before the pe-
riod at the end; and 
(B) in subparagraph (F), by adding at the 
end the following new clause: 
‘‘(iii) INCLUSION OF RURAL HEALTH 
CLINIC SERVICES AND FEDERALLY QUALI-
FIED
HEALTH
CENTER
SERVICES
FUR-
NISHED
USING
TELEHEALTH.—For pur-
poses of this subparagraph, the term ‘tele-
health services’ includes a rural health 
clinic service or Federally qualified health 
center service that is furnished using tele-
health to the extent that payment codes 
corresponding to services identified by the 
Secretary under clause (i) or (ii) are listed 
on the corresponding claim for such rural 
health clinic service or Federally qualified 
health center service.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to services furnished on or after 
January 1, 2022. 
SEC. 4. ELIMINATION OF RESTRICTIONS RELATING TO 
TELEHEALTH SERVICES. 
(a) ELIMINATION OF GEOGRAPHIC RESTRICTIONS OF 
ORIGINATING SITES.—Section 1834(m)(4)(C)(i) of the 
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Social Security Act (42 U.S.C. 1395m(m)(4)(C)(i)) is 
amended— 
(1) by striking ‘‘the service is furnished via a 
telecommunications system and only if such site is 
located—’’ and inserting ‘‘the service—’’; 
(2) by redesignating subclauses (I) through 
(III) as items (aa) through (cc), respectively, and 
moving the margins two ems to the right; and 
(3) by inserting before item (aa), as redesig-
nated by paragraph (2), the following new sub-
clauses: 
‘‘(I) is furnished via a tele-
communications system; and 
‘‘(II) for the period beginning on 
the date of the enactment of this sub-
clause and ending on December 31, 
2021, only if such site is located—’’. 
(b) ELIMINATION
OF
RESTRICTIONS
IN
WHICH 
TELEHEALTH SERVICES MAY BE FURNISHED IN THE 
HOME.—Section 1834(m)(4)(C)(ii)(X)) of the Social Se-
curity Act (42 U.S.C. 1395m(m)(4)(C)(ii)(X) is amended 
to read as follows: 
‘‘(X)(aa) For the period begin-
ning on the date of the enactment of 
this subclause and ending on Decem-
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ber 31, 2021, the home of an indi-
vidual but only for purposes of section 
1881(b)(3)(B) or telehealth services 
described in paragraph (7). 
‘‘(bb) For the period beginning 
on or after January 1, 2022, the 
home of an individual.’’. 
(c) INCLUSION OF ADDITIONAL ORIGINATING SITES 
AS
DETERMINED
BY
THE
SECRETARY.—Section 
1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 
1395m(m)(4)(C)(ii)) is amended by adding at the end the 
following new subclause: 
‘‘(XI) Any other location deter-
mined by the Secretary.’’. 
Æ 
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