I 
115TH CONGRESS 
1ST SESSION H. R. 3727 
To amend title XVIII of the Social Security Act to include additional tele-
health services for purposes of MA organization bids, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 11, 2017 
Mrs. BLACK (for herself, Mr. THOMPSON of California, Mrs. BROOKS of Indi-
ana, and Ms. MATSUI) introduced the following bill; which was referred 
to the Committee on Ways and Means, and in addition to the Committee 
on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to include 
additional telehealth services for purposes of MA organi-
zation bids, 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. INCLUSION OF ADDITIONAL TELEHEALTH 
SERVICES IN MEDICARE ADVANTAGE ORGA-
NIZATION BIDS. 
(a) IN GENERAL.—Section 1852 of the Social Secu-
rity Act (42 U.S.C. 1395w–22) is amended— 
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(1) in subsection (a)(1)(B)(i), by adding at the 
end the following new sentence: ‘‘For plan year 2020 
and each subsequent plan year, for purposes of sub-
section (m) and section 1854, in the case that an 
MA plan makes an election described in subsection 
(m)(1) with respect to such plan year, additional 
telehealth services shall be treated as a service in-
cluded as a benefit under the original medicare fee- 
for-service program option with respect to such plan 
and plan year.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(m) PROVISION
OF
ADDITIONAL
TELEHEALTH 
SERVICES.— 
‘‘(1) MA PLAN OPTION.—For purposes of sub-
section (a)(1)(B)(i), an election described in this 
paragraph, with respect to an MA plan and plan 
year, is an election by the sponsor of such plan to 
provide under the plan for such plan year, in accord-
ance with the subsequent provisions of this sub-
section, additional telehealth services (as defined in 
paragraph (2)) as a benefit under the original medi-
care fee-for-service program option. Such additional 
telehealth services, with respect to a plan year, shall 
be in addition to benefits included under the original 
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medicare fee-for-service program option for such 
year. 
‘‘(2) ADDITIONAL TELEHEALTH SERVICES DE-
FINED.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection and section 1854, the term ‘addi-
tional telehealth services’ means, subject to sub-
paragraph (C), services— 
‘‘(i) for which payment may be made 
under part B (without regard to applica-
tion of section 1834(m)); 
‘‘(ii) that, if furnished via a tele-
communications system, would not be pay-
able under section 1834(m); 
‘‘(iii) furnished using electronic infor-
mation and telecommunications technology; 
‘‘(iv) furnished in accordance with 
such requirements as the Secretary speci-
fies pursuant to paragraph (3); and 
‘‘(v) which are identified annually by 
the Secretary as appropriate to furnish 
using electronic information and tele-
communications technology where a physi-
cian (as defined in section 1861(r)) or 
practitioner 
(described 
in 
section 
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1842(b)(18)(C)) furnishing the service is 
not at the same location as the plan en-
rollee. 
‘‘(B) FLEXIBILITY FOR PHASING IN IDEN-
TIFICATIONS.—In making identifications under 
subparagraph (A)(iv), the Secretary may make 
such identifications in a manner that results in 
additional telehealth services being phased in, 
as determined appropriate by the Secretary. 
‘‘(C) EXCLUSION OF CAPITAL AND INFRA-
STRUCTURE
COSTS
AND
INVESTMENTS.—For 
purposes of this subsection and section 1854, 
the term ‘additional telehealth services’ does not 
include capital and infrastructure costs and in-
vestments relating to such benefits provided 
pursuant to this subsection. 
‘‘(3) REQUIREMENTS FOR ADDITIONAL TELE-
HEALTH SERVICES.—The Secretary shall specify re-
quirements for the provision of additional telehealth 
services with respect to— 
‘‘(A) qualifications (other than licensure) 
of physicians and practitioners who furnish 
such services; 
‘‘(B) the technology used in furnishing 
such services; 
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‘‘(C) factors necessary for coordination of 
additional telehealth services with other serv-
ices; and 
‘‘(D) such other criteria (such as clinical 
criteria) as determined by the Secretary. 
‘‘(4) ENROLLEE
CHOICE.—An MA plan that 
provides a service as an additional telehealth service 
may not, when furnished without use of electronic 
information and telecommunications technology, re-
strict access to the equivalent in-person service, in-
cluding by encouraging or discouraging an individual 
from being furnished such service as an additional 
telehealth service. 
‘‘(5) CONSTRUCTION.— 
‘‘(A) IN GENERAL.—In determining if an 
MA organization or MA plan, as applicable, is 
in compliance with each requirement specified 
in subparagraph (B), such determination shall 
be made without regard to any additional tele-
health services covered by the plan offered by 
such organization or plan pursuant to this sub-
section. 
‘‘(B) REQUIREMENTS SPECIFIED.—The re-
quirements specified in this subparagraph are 
the following: 
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‘‘(i) The requirements under sub-
section (d). 
‘‘(ii) The requirement under sub-
section (a)(1) with respect to covering ben-
efits under the original medicare fee-for- 
service program option, as defined in the 
first sentence of paragraph (B)(i) of such 
subsection.’’. 
(b) INCLUSION OF ADDITIONAL TELEHEALTH SERV-
ICES
IN
MA ORGANIZATION
BID
AMOUNT.—Section 
1854(a)(6)(A)(ii)(I) of the Social Security Act (42 U.S.C. 
1395w–24(a)(6)(A)(ii)(I)) is amended by inserting ‘‘, in-
cluding, for plan year 2019 and subsequent plan years, 
the provision of such benefits through the use of additional 
telehealth services under section 1852(m)’’ before the 
semicolon at the end. 
SEC. 2. USE OF TELECOMMUNICATIONS SYSTEMS IN FUR-
NISHING 
CHRONIC 
CARE 
MANAGEMENT 
SERVICES. 
Section 1848(b)(8) of the Social Security Act (42 
U.S.C. 1395(b)(8)) is amended by adding at the end the 
following new subparagraph: 
‘‘(C) CLARIFICATION.—In carrying out 
this paragraph, with respect to chronic care 
management services, the Secretary may, sub-
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ject to subparagraph (B), make payment for 
such services furnished through the use of se-
cure messaging, Internet, store and forward 
technologies, or other non-face-to-face commu-
nication methods determined appropriate by the 
Secretary.’’. 
SEC. 3. SENSE OF CONGRESS REGARDING PARITY OF TELE-
HEALTH SERVICES. 
It is the sense of Congress that there should be— 
(1) parity, with respect to access to telehealth, 
between the original medicare fee-for-service pro-
gram under parts A and B of title XVIII of the So-
cial Security Act and the Medicare Advantage pro-
gram under part C of such title; and 
(2) access to medically appropriate, quality tele-
health for all Medicare beneficiaries. 
Æ 
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