I 
116TH CONGRESS 
2D SESSION 
H. R. 9035 
To amend title XVIII of the Social Security Act to expand accessibility 
to certain telehealth services under the Medicare program. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 18, 2020 
Mr. SMITH of Missouri (for himself and Mr. CA´RDENAS) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend title XVIII of the Social Security Act to expand 
accessibility to certain telehealth services under the Medi-
care program. 
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 ‘‘Permanency for Audio- 
Only Telehealth Act’’. 
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SEC. 2. EXPANDING ACCESSIBILITY TO CERTAIN TELE-
HEALTH SERVICES UNDER THE MEDICARE 
PROGRAM. 
(a) USE
OF AUDIO-ONLY TELECOMMUNICATIONS 
SYSTEMS FOR CERTAIN SERVICES.—Section 1834(m)(4) 
of the Social Security Act (42 U.S.C. 1395m(m)(4)) is 
amended by adding at the end the following new subpara-
graph: 
‘‘(G) TELECOMMUNICATIONS SYSTEM.— 
‘‘(i) IN
GENERAL.—The term ‘tele-
communications system’ includes, in the 
case of the furnishing of a specified tele-
health service (as defined in clause (ii)), a 
communications system consisting only of 
audio capabilities. 
‘‘(ii) SPECIFIED TELEHEALTH SERV-
ICE.—For purposes of clause (i), the term 
‘specified telehealth service’ means a tele-
health service consisting of— 
‘‘(I) evaluation and management 
services; 
‘‘(II) 
mental 
and 
behavioral 
health services; 
‘‘(III) substance use disorder 
services; or 
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‘‘(IV) any other service specified 
by the Secretary.’’. 
(b) REMOVING GEOGRAPHIC RESTRICTIONS AND EX-
PANDING THE USE OF THE HOME AS AN ORIGINATING 
SITE
FOR CERTAIN TELEHEALTH SERVICES.—Section 
1834(m)(7) of the Social Security Act (42 U.S.C. 
1395m(m)(7)) is amended— 
(1) in the header, by striking ‘‘SUBSTANCE USE 
DISORDER’’ and inserting ‘‘CERTAIN’’; 
(2) by striking ‘‘with respect to telehealth serv-
ices’’ and inserting the following: ‘‘with respect to— 
‘‘(A) telehealth services’’; 
(3) by striking the period at the end and insert-
ing ‘‘; or’’; and 
(4) by adding at the end the following new sub-
paragraph: 
‘‘(B) telehealth services consisting of eval-
uation and management services or mental and 
behavioral health services furnished on or after 
the date of the enactment of this subparagraph 
to an eligible telehealth individual at an origi-
nating 
site 
described 
in 
paragraph 
(4)(C)(ii)(X).’’. 
Æ 
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