I 
116TH CONGRESS 
2D SESSION 
H. R. 7338 
To amend title XVIII of the Social Security Act to permit the Secretary 
of Health and Human Services to waive requirements relating to the 
furnishing of telehealth services under the Medicare program, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2020 
Ms. CHENEY (for herself, Mr. SMITH of Missouri, Mr. GIANFORTE, and Mr. 
KUSTOFF of Tennessee) introduced the following bill; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittee 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 jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to permit 
the Secretary of Health and Human Services to waive 
requirements relating to the furnishing of telehealth serv-
ices 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 2020’’. 
VerDate Sep 11 2014 
19:12 Jul 17, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7338.IH
H7338
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 2. PERMITTING THE SECRETARY OF HEALTH AND 
HUMAN SERVICES TO WAIVE REQUIREMENTS 
RELATING TO THE FURNISHING OF TELE-
HEALTH SERVICES UNDER THE MEDICARE 
PROGRAM. 
Section 1834(m) of the Social Security Act (42 
U.S.C. 1395m(m)) is amended by adding at the end the 
following new paragraph: 
‘‘(9) AUTHORITY TO WAIVE TELEHEALTH RE-
QUIREMENTS.—Notwithstanding any other provision 
of this subsection, the Secretary may waive any such 
provision for any area and time period specified by 
the Secretary.’’. 
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’’. 
VerDate Sep 11 2014 
19:12 Jul 17, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7338.IH
H7338
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 4. CLARIFICATION FOR FRAUD AND ABUSE LAWS RE-
GARDING 
TECHNOLOGIES 
PROVIDED 
TO 
BENEFICIARIES. 
Section 1128A(i)(6) of the Social Security Act (42 
U.S.C. 1320a–7a(i)(6)) is amended— 
(1) in subparagraph (I), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) in subparagraph (J), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(K) the provision of technologies (as de-
fined by the Secretary) on or after the date of 
the enactment of this subparagraph, by a pro-
vider of services or supplier (as such terms are 
defined for purposes of title XVIII) directly to 
an individual who is entitled to benefits under 
part A of title XVIII, enrolled under part B of 
such title, or both, for the purpose of furnishing 
telehealth services, remote patient monitoring 
services, or other services furnished through the 
use of technology (as defined by the Secretary), 
if— 
‘‘(i) the technologies are not offered 
as part of any advertisement or solicita-
tion; and 
VerDate Sep 11 2014 
19:12 Jul 17, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7338.IH
H7338
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(ii) the provision of the technologies 
meets any other requirements set forth in 
regulations 
promulgated 
by 
the 
Sec-
retary.’’. 
Æ 
VerDate Sep 11 2014 
19:12 Jul 17, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H7338.IH
H7338
pamtmann on DSKBC07HB2PROD with BILLS