I 
117TH CONGRESS 
1ST SESSION 
H. R. 318 
To amend title XVIII to provide coverage and payment for certain tests 
and assistive telehealth consultations during the COVID–19 emergency 
period, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 13, 2021 
Mr. SCHWEIKERT (for himself, Mr. RUSH, and Mr. KELLY of Pennsylvania) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce, and in addition to the Committee on Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend title XVIII to provide coverage and payment for 
certain tests and assistive telehealth consultations during 
the COVID–19 emergency period, and for other pur-
poses. 
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 ‘‘Safe Testing at Resi-
dence Telehealth Act of 2021’’. 
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SEC. 2. COVERAGE AND PAYMENT FOR CERTAIN TESTS 
AND 
ASSISTIVE 
TELEHEALTH 
CONSULTA-
TIONS DURING THE COVID–19 EMERGENCY 
PERIOD. 
(a) COVERAGE AND PAYMENT RULE.— 
(1) IN GENERAL.—Section 1834(m) of the So-
cial Security Act (42 U.S.C. 1395m(m)) is amended 
by adding at the end of the following new para-
graph: 
‘‘(9) COVERAGE AND PAYMENT FOR CERTAIN 
TESTS
AND
ASSISTIVE
TELEHEALTH
CONSULTA-
TIONS DURING COVID–19 EMERGENCY PERIOD.— 
‘‘(A) IN GENERAL.—During the emergency 
period described in section 1135(g)(1)(B), the 
Secretary shall pay for a test described in sub-
paragraph (C) that is ordered and an assistive 
telehealth consultation that is furnished via a 
telecommunications system by a physician or 
practitioner to an eligible telehealth individual 
enrolled under this part notwithstanding that 
the individual physician or practitioner ordering 
the test did not furnish the test or that the in-
dividual physician or practitioner providing the 
assistive telehealth consultation is not at the 
same location as the beneficiary. 
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‘‘(B) PAYMENT
AMOUNT.—During the 
emergency 
period 
described 
in 
section 
1135(g)(1)(B), the Secretary shall pay to a 
physician or practitioner located at a distant 
site that— 
‘‘(i) orders a test described in sub-
paragraph (C) to an eligible telehealth in-
dividual an amount equal to the amount 
that such physician or practitioner would 
have been paid for a diagnostic laboratory 
test under section 1833(h); and 
‘‘(ii) furnishes an assistive telehealth 
consultation to an eligible telehealth indi-
vidual an amount equal to the amount that 
a physician or practitioner would have been 
paid for such telehealth service under para-
graph (2). 
‘‘(C) TESTS DESCRIBED.—For purposes of 
subparagraphs (A) and (B), a test described in 
this subparagraph is a medical device (as de-
fined in section 201(h) of the Federal Food, 
Drug, and Cosmetic Act) or is a test approved 
under an emergency use authorization under 
section 564 of such Act and is either— 
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‘‘(i) a diagnostic laboratory test for 
the diagnosis of influenza or a similar res-
piratory condition that is required to ob-
tain a final diagnosis of COVID–19 for an 
individual when such test is ordered by a 
physician or practitioner in conjunction 
with a COVID–19 diagnostic laboratory 
test for purposes of discounting a diagnosis 
of influenza or a related diagnosis for such 
individual; or 
‘‘(ii) a serology test for COVID–19. 
‘‘(D) OTHER MATTERS RELATING TO DOC-
UMENTATION
AND
CLAIMS
REVIEW.—The re-
quirements of paragraphs (2) and (3) of section 
410.32(d) of title 42, Code of Federal Regula-
tions (as in effect on the date of the enactment 
of this paragraph), relating to documentation 
and claims review, respectively, shall apply to a 
test described in subparagraph (C) and an as-
sistive telehealth consultation. 
‘‘(E) DEMOGRAPHIC DATA.—To be eligible 
for reimbursement under this paragraph, each 
claim for reimbursement shall include, with re-
spect to such an eligible telehealth individual, 
the following demographic data: 
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‘‘(i) Age. 
‘‘(ii) Race and ethnicity. 
‘‘(iii) Gender. 
‘‘(iv) An affirmative or negative state-
ment of the existence of any chronic condi-
tion. 
‘‘(v) Any other information the Sec-
retary determines appropriate. 
‘‘(F) ASSISTIVE TELEHEALTH CONSULTA-
TION.—In this paragraph, the term ‘assistive 
telehealth consultation’ means a telehealth serv-
ice (as defined in paragraph (4)(F)) that is— 
‘‘(i) an evaluation and management 
service; 
‘‘(ii) an assessment of any evidence of 
systems which would make a diagnostic 
laboratory test necessary to be furnished in 
the home of an eligible telehealth indi-
vidual; 
‘‘(iii) the ordering of a diagnostic lab-
oratory test; 
‘‘(iv) an assessment of an individual 
succeeding the delivery of a diagnostic lab-
oratory test; 
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‘‘(v) any assistance in the collection of 
a sample necessary for a diagnostic labora-
tory test and securing the sample for ship-
ping; 
‘‘(vi) the referral of an eligible tele-
health individual to a physician or practi-
tioner for in-person treatment; or 
‘‘(vii) the review of a diagnostic lab-
oratory test by a physician or practi-
tioner.’’. 
(2) REPORT.— 
(A) IN GENERAL.—During the period be-
ginning 20 days after the date of the enactment 
of this Act and ending on the last day of the 
emergency period, each physician and practi-
tioner, who furnishes a test or an assistive tele-
health consultation during such period, shall, on 
a monthly basis during such period, submit to 
the Administrator of the Centers for Medicare 
& Medicaid Services and the appropriate State 
health agency demographic data specified under 
section 1834(m)(9)(E) of the Social Security 
Act (42 U.S.C. 1395m(m)(9)(E)) with respect 
to individuals to whom such test or consultation 
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was so furnished (in accordance with the 
HIPAA privacy regulation). 
(B) DEFINITIONS.—In this paragraph: 
(i) 
ASSISTIVE
TELEHEALTH
CON-
SULTATION.—The term ‘‘assistive tele-
health consultation’’ has the meaning given 
such term in section 1834(m)(9)(E) of the 
Social 
Security 
Act 
(42 
U.S.C. 
1395m(m)(9)(F)). 
(ii) EMERGENCY PERIOD.—The term 
‘‘emergency period’’ has the meaning as 
such 
term 
is 
described 
in 
section 
1135(g)(1)(B) of the Social Security Act 
(42 U.S.C. 1320b–5(g)(1)(B)). 
(iii) HIPAA PRIVACY REGULATION.— 
The term ‘‘HIPAA privacy regulation’’ has 
the meaning given such term in section 
1180(b)(3) of the Social Security Act (42 
U.S.C. 1320d–9(b)(3)). 
(iv) TEST.—The term ‘‘test’’ has the 
meaning as such term is described in sec-
tion 1834(m)(9)(C) of the Social Security 
Act (42 U.S.C. 1395m(m)(9)(C)). 
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.(b) NO PAYMENT FOR CERTAIN IN-PERSON TEST 
AFTER TELEHEALTH TEST DURING
THE COVID–19 
EMERGENCY PERIOD.— 
(1) IN GENERAL.—Section 1833(h) of the So-
cial Security Act (42 U.S.C. 1395l(h)) is amended— 
(A) in paragraph (1)(A), by striking ‘‘Sub-
ject to section 1834(d)(1)’’ and inserting ‘‘Sub-
ject to section 1834(a)(1) and paragraph (10)’’; 
and 
(B) by adding at the end the following new 
paragraph: 
‘‘(10) During the emergency period described in sec-
tion 1135(g)(1)(B), the Secretary may not make payment 
for a test described in section 1834(m)(9)(C) that is fur-
nished in-person by a physician or practitioner to an indi-
vidual if a physician or practitioner has previously ordered 
such a test via a telecommunications system pursuant to 
section 1834(m)(9)(A), unless the physician or practi-
tioner determines such a test is medically necessary and 
appropriate (as determined by the Secretary).’’. 
(2) REPORT.—Not later than 1 year after the 
termination of the emergency period described in 
section 1135(g)(1)(B) of the Social Security Act (42 
U.S.C. 1320b–5(g)(1)(B)), the Inspector General of 
the Department of Health and Human Services shall 
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review claims for payment for tests described in sec-
tion 1834(m)(9)(C) of such Act (42 U.S.C. 
1395m(m)(9)(C)) furnished during such emergency 
period and submit to Congress a report on any in-
stances of waste, fraud, or abuse identified through 
such review. 
(c) CONFORMING AMENDMENTS.—Section 1834(m) 
of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1395m(m)(4)(C)(ii)(X)), as amended by subsection (a), is 
further amended— 
(1) in paragraph (1), by striking ‘‘Subject to 
paragraph (8)’’ and inserting ‘‘Subject to para-
graphs (8) and (9)’’; 
(2) in paragraph (2), by striking ‘‘Subject to 
paragraph (8)’’ and inserting ‘‘Subject to para-
graphs (8) and (9)’’; and 
(3) in paragraph (4)(C)(ii)(X), by striking 
‘‘telehealth services described in paragraph (7)’’ and 
inserting ‘‘telehealth services described in paragraph 
(7) or (9)’’. 
Æ 
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