I 
116TH CONGRESS 
2D SESSION 
H. R. 7663 
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 
JULY 16, 2020 
Mr. THOMPSON of California (for himself, Ms. MATSUI, Mr. JOHNSON of 
Ohio, Mr. SCHWEIKERT, and Mr. WELCH) 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 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 2020’’. 
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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) IN
GENERAL.—Not later than 180 days 
after the last day of the period described in section 
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 
1320b–5(g)(1)(B)), the Secretary of Health and 
Human Services, acting through the Administrator 
of the Centers for Medicare & Medicaid Services, 
shall submit to Congress a report, with respect to 
telehealth services (as defined in subparagraph (F) 
of 
such 
section 
1834(m)(4) 
(42 
U.S.C. 
1395m(m)(4)) to which a waiver or modification is 
applied pursuant to section 1135 of such Act (42 
U.S.C. 1320b–5), on— 
(A) the number of eligible telehealth indi-
viduals (as defined in subparagraph (A) of sec-
tion 1834(m)(4) of such Act (42 U.S.C. 
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1395m(m)(4)) during the period described in 
paragraph (2) and how frequently such individ-
uals received telehealth services during such pe-
riod (including the number of eligible telehealth 
individuals identified by racial and ethnic popu-
lations); 
(B) the number of physicians or practi-
tioners that furnished a telehealth service dur-
ing the period described in paragraph (2) and 
how frequently physicians or practitioners fur-
nished such a service during such period; 
(C) the amount payable under title XVIII 
of such Act for telehealth services furnished 
during the period described in paragraph (2); 
(D) an assessment of benefits to eligible 
telehealth individuals who received telehealth 
services during the period described in para-
graph (2); and 
(E) the most common barriers to eligible 
telehealth individuals receiving and physicians 
or practitioners furnishing telehealth services 
during the period described in paragraph (2). 
(2) PERIOD
DESCRIBED.—For purposes of 
paragraph (1), the period described in this para-
graph is the period— 
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(A) beginning on the first day of the emer-
gency period described in section 1135(g)(1)(B) 
of such Act (42 U.S.C. 1320b–5(g)(1)(B); and 
(B) ending on the day that is 90 days 
after the last day such emergency period. 
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-
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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 
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.’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to services furnished on or after 
January 1, 2021. 
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 
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, 
2020, only if such site is located—’’. 
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(b) ELIMINATION
OF
RESTRICTIONS
IN
WHICH 
TELEHEALTH SERVICES MAY BE FURNISHED IN THE 
HOME.—Section 1834(m)(4)(C)(ii)(X) of the Social Secu-
rity Act (42 U.S.C. 1395m(m)(4)(C)(i)(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-
ber 31, 2020, 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, 2021, the 
home of an individual.’’. 
Æ 
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