I 
116TH CONGRESS 
2D SESSION 
H. R. 6644 
To require group health plans and health insurance issuers offering group 
or individual health insurance coverage to provide coverage for services 
furnished via telehealth if such services would be covered if furnished 
in-person during the COVID-19 emergency. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2020 
Ms. SCHRIER (for herself, Mr. DAVID P. ROE of Tennessee, Mr. MORELLE, 
and Mr. VAN DREW) introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Commit-
tees on Ways and Means, and Education and Labor, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To require group health plans and health insurance issuers 
offering group or individual health insurance coverage 
to provide coverage for services furnished via telehealth 
if such services would be covered if furnished in-person 
during the COVID-19 emergency. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. REQUIRING GROUP HEALTH PLANS AND 
HEALTH 
INSURANCE 
ISSUERS 
OFFERING 
GROUP OR INDIVIDUAL HEALTH INSURANCE 
COVERAGE TO PROVIDE COVERAGE FOR 
SERVICES FURNISHED VIA TELEHEALTH IF 
SUCH SERVICES WOULD BE COVERED IF FUR-
NISHED IN-PERSON DURING THE COVID-19 
EMERGENCY. 
(a) IN GENERAL.—During any portion of the emer-
gency period described in section 1135(g)(1)(B) of the So-
cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)), notwith-
standing sections 2703 and 2715(d)(4) of the Public 
Health Service Act (42 U.S.C. 300gg–2, 300gg–15(d)(4)), 
a group health plan and a health insurance issuer offering 
group health insurance coverage, including a grand-
fathered health plan (as defined in section 1251(e) of the 
Patient Protection and Affordable Care Act (42 U.S.C. 
18011(e)))— 
(1) shall— 
(A) provide benefits under such plan or 
such coverage for any eligible service (as de-
fined in subsection (c)), including a mental 
health and substance use disorder service, fur-
nished via a qualifying telecommunications sys-
tem (as defined in subsection (c)) by a health 
care provider to an individual who is a partici-
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pant, beneficiary, or enrollee under such plan or 
such coverage, notwithstanding that such pro-
vider furnishing such service is not at the same 
location as the individual; 
(B) so provide such benefits for such serv-
ice under the same terms and with application 
of the same cost-sharing requirements (includ-
ing a deductible, copayment, or coinsurance) as 
would apply if such service were furnished by 
such provider to such individual in-person; 
(C) reimburse such provider for such serv-
ice in an amount equal to the amount of reim-
bursement for such service had such service 
been furnished by such provider to such indi-
vidual in-person; 
(D) not impose any requirement under 
such plan or coverage that such provider have 
a prior relationship with such individual; and 
(E) not restrict the ability of any health 
care provider with a contractual relationship for 
furnishing an eligible service under such plan or 
coverage from furnishing such service via a 
qualifying telecommunications system, and shall 
not establish incentives or penalties under such 
plan or coverage for receiving such an eligible 
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service from such a provider via such a system; 
and 
(2) may waive any cost-sharing requirement 
(including application of a deductible, copayment, or 
coinsurance) for an item or service furnished for 
purposes of diagnosing or treating COVID-19, in-
cluding any such service that is an eligible service 
furnished via a qualifying telecommunications sys-
tem. 
(b) APPLICATION.—The provisions of this section 
shall be applied by the Secretary of Health and Human 
Services, Secretary of Labor, and Secretary of the Treas-
ury to group health plans and health insurance issuers of-
fering group or individual health insurance coverage as if 
included in the provisions of part A of title XXVII of the 
Public Health Service Act, part 7 of the Employee Retire-
ment Income Security Act of 1974, and subchapter B of 
chapter 100 of the Internal Revenue Code of 1986, as ap-
plicable. 
(c) DEFINITIONS.—In this section: 
(1) ELIGIBLE
SERVICE.—The term ‘‘eligible 
service’’ means, with respect to a group health plan 
and a health insurance issuer offering group or indi-
vidual health insurance coverage, a service— 
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(A) for which benefits are provided under 
such plan or such coverage when such service is 
furnished in-person; 
(B) that is medically necessary (as deter-
mined by the health care provider furnishing 
such service); and 
(C) that is able to be safely and effectively 
furnished via a telecommunications system. 
(2) HEALTH
INSURANCE
TERMS.—The terms 
‘‘group health plan’’, ‘‘health insurance issuer’’, 
‘‘group health insurance coverage’’, and ‘‘individual 
health insurance coverage’’ have the meanings given 
such terms in section 2791 of the Public Health 
Service Act (42 U.S.C. 300gg–91), section 733 of 
the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1191b), and section 9832 of the 
Internal Revenue Code of 1986, as applicable. 
(3) QUALIFYING
TELECOMMUNICATIONS
SYS-
TEM.—The term ‘‘qualifying telecommunications 
system’’ means a telecommunications system that in-
cludes, at a minimum, audio capabilities permitting 
two-way, real-time interactive communication be-
tween the individual receiving an eligible service via 
such system and the health care provider furnishing 
such system, including a telephone, videoconferenc-
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ing system, internet communications system, stream-
ing media communications system, and such other 
systems as specified by the Secretary of Health and 
Human Services. 
(d) EFFECTIVE DATE.—This section shall apply with 
respect to items and services furnished on or after the first 
day of the emergency period described in subsection (a). 
Æ 
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