I 
117TH CONGRESS 
1ST SESSION H. R. 4040 
To amend title XVIII of the Social Security Act to extend telehealth 
flexibilities under the Medicare program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2021 
Ms. CHENEY (for herself and Mrs. DINGELL) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Ways and Means, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to extend 
telehealth flexibilities under the Medicare program, 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 ‘‘Advancing Telehealth 
Beyond COVID–19 Act of 2021’’. 
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SEC. 2. EXTENDING MEDICARE TELEHEALTH FLEXIBILI-
TIES. 
(a) EXPANDING ACCESS
TO TELEHEALTH SERV-
ICES.— 
(1) IN
GENERAL.—Section 1834(m)(4)(C) of 
the Social Security Act (42 U.S.C. 1395m(m)(4)(C)) 
is amended by adding at the end the following new 
clause: 
‘‘(iii) EXPANDING ACCESS TO TELE-
HEALTH SERVICES.—With respect to tele-
health services furnished beginning on the 
first day after the end of the emergency 
period described in section 1135(g)(1)(B), 
the term ‘originating site’ means any site 
at which the eligible telehealth individual is 
located at the time the service is furnished 
via a telecommunications system, including 
the home of an individual.’’. 
(2) CONFORMING AMENDMENTS.—Such section 
is amended— 
(A) in paragraph (2)(B)— 
(i) in clause (i), in the matter pre-
ceding subclause (I), by striking ‘‘clause 
(ii)’’ and inserting ‘‘clauses (ii) and (iii)’’; 
and 
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(ii) by adding at the end the following 
new clause: 
‘‘(iii) NO
FACILITY
FEE
FOR
NEW 
SITES.—With respect to telehealth services 
furnished on or after the date of enact-
ment of this clause, a facility fee shall only 
be paid under this subparagraph to an 
originating site that is described in para-
graph (4)(C)(ii) (other than subclause (X) 
of such paragraph).’’. 
(B) in paragraph (4)(C)— 
(i) in clause (i), in the matter pre-
ceding subclause (I), by inserting ‘‘and 
clause (iii)’’ after ‘‘and (7)’’; and 
(ii) in clause (ii)(X), by inserting 
‘‘prior to the first day after the end of the 
emergency period described in section 
1135(g)(1)(B)’’ before the period; 
(C) in paragraph (5), by inserting ‘‘and 
prior to the first day after the end of the emer-
gency 
period 
described 
in 
section 
1135(g)(1)(B)’’ after ‘‘January 1, 2019,’’; 
(D) in paragraph (6)(A), by inserting ‘‘and 
prior to the first day after the end of the emer-
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gency 
period 
described 
in 
section 
1135(g)(1)(B),’’ after ‘‘January 1, 2019,’’; and 
(E) in paragraph (7), by inserting ‘‘and 
prior to the first day after the end of the emer-
gency 
period 
described 
in 
section 
1135(g)(1)(B),’’ after ‘‘July 1, 2019,’’. 
(b) EXPANDING PRACTITIONERS ELIGIBLE TO FUR-
NISH TELEHEALTH SERVICES.—Section 1834(m) of the 
Social Security Act (42 U.S.C. 1395m(m)) is amended— 
(1) in paragraph (1), by striking ‘‘(described in 
section 1842(b)(18)(C))’’ and inserting ‘‘(defined in 
paragraph (4)(E))’’; and 
(2) in paragraph (4)(E)— 
(A) by striking ‘‘PRACTITIONER.—The 
term’’ and inserting ‘‘PRACTITIONER.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) EXPANSION.—The Secretary, after 
consulting with stakeholders regarding services 
that are clinically appropriate, may expand the 
types of practitioners who may furnish tele-
health services to include any health care pro-
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fessional that is eligible to bill the program 
under this title for their professional services.’’. 
(c) ALLOWING FOR THE FURNISHING OF AUDIO- 
ONLY TELEHEALTH SERVICES.—Section 1834(m)(4) of 
the Social Security Act (42 U.S.C. 1395m(m)(4)) is 
amended by adding at the end the following new subpara-
graph: 
‘‘(G) TELECOMMUNICATIONS SYSTEM.— 
‘‘(i) IN
GENERAL.—The term ‘tele-
communications system’ includes, in the 
case of a specified telehealth service (as de-
fined in clause (ii)) furnished to an indi-
vidual, a communications system consisting 
only of audio capabilities. 
‘‘(ii) SPECIFIED TELEHEALTH SERV-
ICE
DEFINED.—The term ‘specified tele-
health service’ means a telehealth service 
consisting of— 
‘‘(I) evaluation and management 
services; 
‘‘(II) 
mental 
and 
behavioral 
health services; 
‘‘(III) substance use disorder 
services; or 
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‘‘(IV) any other service specified 
by the Secretary. 
Such term does not include communication 
of lab results from a physician or practi-
tioner to an individual via a telecommuni-
cations system unless such communication 
involves a diagnosis of such individual 
based on such results or the prescription, 
or modification of a prescription, of a drug 
based on such results.’’. 
SEC. 3. MAKING PERMANENT THE ABILITY OF FEDERALLY 
QUALIFIED HEALTH CENTERS AND RURAL 
HEALTH CLINICS TO FURNISH TELEHEALTH 
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’’. 
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