(D) The impact of the adoption of health 
information technology on health care quality, 
cost, and access under the exception. 
(2) REPORT.—Not later than three years after 
the effective date described in subsection (b)(1), the 
Secretary of Health and Human Services shall sub-
mit to Congress a report on the study under para-
graph (1). 
SEC. 103. RULES OF CONSTRUCTION REGARDING USE OF 
CONSORTIA. 
(a) APPLICATION TO SAFE HARBOR FROM CRIMINAL 
PENALTIES.—Section 1128B(b)(3) of the Social Security 
Act (42 U.S.C. 1320a–7b(b)(3)) is amended by adding 
after and below subparagraph (J), as added by section 
101(b)(1), the following: ‘‘For purposes of subparagraph 
(J), nothing in such subparagraph shall be construed as 
preventing a specified entity, consistent with the specific 
requirements of such subparagraph, from forming a con-
sortium composed of health care providers, payers, em-
ployers, and other interested entities to collectively pur-
chase and donate health information technology, or from 
offering health care providers a choice of health informa-
tion technology products in order to take into account the 
varying needs of such providers receiving such products.’’. 
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(b) APPLICATION
TO STARK EXCEPTION.—Para-
graph (6) of section 1877(b) of the Social Security Act 
(42 U.S.C. 1395nn(b)), as added by section 102(a), is 
amended by adding at the end the following new subpara-
graph: 
‘‘(D) RULE OF CONSTRUCTION.—For pur-
poses of subparagraph (A), nothing in such 
subparagraph shall be construed as preventing 
a specified entity, consistent with the specific 
requirements of such subparagraph, from— 
‘‘(i) forming a consortium composed 
of health care providers, payers, employers, 
and other interested entities to collectively 
purchase and donate health information 
technology; or 
‘‘(ii) offering health care providers a 
choice of health information technology 
products in order to take into account the 
varying needs of such providers receiving 
such products.’’. 
TITLE II—ADDITIONAL 
PROVISIONS 
SEC. 201. PROMOTION OF TELEHEALTH SERVICES. 
(a) FACILITATING THE PROVISION OF TELEHEALTH 
SERVICES ACROSS STATE LINES.—The Secretary of 
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Health and Human Services shall, in coordination with 
physicians, health care practitioners, patient advocates, 
and representatives of States, encourage and facilitate the 
adoption of State reciprocity agreements for practitioner 
licensure in order to expedite the provision across State 
lines of telehealth services. 
(b) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary of Health 
and Human Services shall submit to Congress a report 
on the actions taken to carry out subsection (a). 
(c) STATE DEFINED.—For purposes of this sub-
section, the term ‘‘State’’ has the meaning given that term 
for purposes of title XVIII of the Social Security Act. 
SEC. 202. STUDY AND REPORT ON EXPANSION OF HOME 
HEALTH-RELATED TELEHEALTH SERVICES. 
(a) STUDY.—The Secretary of Health and Human 
Services shall conduct a study to determine the feasibility, 
advisability, and the costs of— 
(1) including coverage and payment for home 
health-related telehealth services as part of home 
health services under title XVIII of the Social Secu-
rity Act; and 
(2) expanding the list of sites described in para-
graph (4)(C)(ii) of section 1834(m) of the Social Se-
curity Act (42 U.S.C. 1395m(m)) to include county 
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mental health clinics or other publicly funded mental 
health facilities for the purpose of payment under 
such section for the provision of telehealth services 
at such clinics or facilities. 
(b) SPECIFICS OF STUDY.—Such study shall dem-
onstrate whether the changes described in paragraphs (1) 
and (2) of subsection (a) will result in the following: 
(1) Enhanced health outcomes for individuals 
with one or more chronic conditions. 
(2) Health outcomes for individuals furnished 
telehealth services or home health-related telehealth 
services that are at least comparable to the health 
outcomes for individuals furnished similar items and 
services by a health care provider at the same loca-
tion of the individual or at the home of the indi-
vidual, respectively. 
(3) Facilitation of communication of more accu-
rate clinical information between health care pro-
viders. 
(4) Closer monitoring of individuals by health 
care providers. 
(5) Overall reduction in expenditures for health 
care items and services. 
(6) Improved access to health care. 
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(c) HOME HEALTH-RELATED TELEHEALTH SERV-
ICES DEFINED.—For purposes of this section, the term 
‘‘home health-related telehealth services’’ means tech-
nology-based professional consultations, patient moni-
toring, patient training services, clinical observation, pa-
tient assessment, and any other health services that utilize 
telecommunications technologies. Such term does not in-
clude a telecommunication that consists solely of a tele-
phone audio conversation, facsimile, electronic text mail, 
or consultation between two health care providers. 
(d) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary of Health 
and Human Services shall submit to Congress a report 
on the study conducted under subsection (a) and shall in-
clude in such report such recommendations for legislation 
or administration action as the Secretary determines ap-
propriate. 
SEC. 203. STUDY AND REPORT ON STORE AND FORWARD 
TECHNOLOGY FOR TELEHEALTH. 
(a) STUDY.—The Secretary of Health and Human 
Services, acting through the Director of the Office for the 
Advancement of Telehealth, shall conduct a study on the 
use of store and forward technologies (that provide for the 
asynchronous transmission of health care information in 
single or multimedia formats) in the provision of tele-
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