IB 
Union Calendar No. 355 
115TH CONGRESS 
1ST SESSION H. R. 3727 
[Report No. 115–480, Part I] 
To amend title XVIII of the Social Security Act to include additional tele-
health services for purposes of MA organization bids, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 11, 2017 
Mrs. BLACK (for herself, Mr. THOMPSON of California, Mrs. BROOKS of Indi-
ana, and Ms. MATSUI) introduced the following bill; which was referred 
to the Committee on Ways and Means, and in addition to the Committee 
on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
DECEMBER 21, 2017 
Additional sponsors: Mr. CURBELO of Florida, Mr. COSTELLO of 
Pennsylvania, and Mr. KHANNA 
DECEMBER 21, 2017 
Reported from the Committee on Ways and Means with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 21, 2017 
The Committee on Energy and Commerce discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be 
printed 
[For text of introduced bill, see copy of bill as introduced on September 11, 2017] 
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A BILL 
To amend title XVIII of the Social Security Act to include 
additional telehealth services for purposes of MA organi-
zation bids, and for other purposes. 
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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 ‘‘Increasing Telehealth 
Access in Medicare Act’’ or the ‘‘ITAM Act’’. 
SEC. 2. INCLUSION OF ADDITIONAL TELEHEALTH SERVICES 
IN MEDICARE ADVANTAGE ORGANIZATION 
BIDS. 
(a) IN GENERAL.—Section 1852 of the Social Security 
Act (42 U.S.C. 1395w–22) is amended— 
(1) in subsection (a)(1)(B)(i), by adding at the 
end the following new sentence: ‘‘For plan year 2020 
and each subsequent plan year, for purposes of sub-
section (m) and section 1854, in the case that an MA 
plan makes an election described in subsection (m)(1) 
with respect to such plan year, additional telehealth 
services shall be treated as a benefit under the origi-
nal medicare fee-for-service program option with re-
spect to such plan and plan year.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(m) PROVISION OF ADDITIONAL TELEHEALTH SERV-
ICES.— 
‘‘(1) MA PLAN OPTION.—For purposes of sub-
section (a)(1)(B)(i), an election described in this 
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paragraph, with respect to an MA plan and plan 
year, is an election by the sponsor of such plan to 
provide under the plan for such plan year, in accord-
ance with the subsequent provisions of this subsection, 
additional telehealth services (as defined in para-
graph (2)) as a benefit under the original medicare 
fee-for-service program option. Such additional tele-
health services, with respect to a plan year, shall be 
in addition to benefits included under the original 
medicare fee-for-service program option for such year. 
‘‘(2) ADDITIONAL
TELEHEALTH
SERVICES
DE-
FINED.— 
‘‘(A) IN
GENERAL.—For purposes of this 
subsection and section 1854, the term ‘additional 
telehealth services’ means, subject to subpara-
graph (C), services, with respect to a year— 
‘‘(i) for which payment may be made 
under part B (without regard to applica-
tion of section 1834(m)); 
‘‘(ii) that, if furnished via a tele-
communications system, would not be pay-
able under section 1834(m); 
‘‘(iii) furnished using electronic infor-
mation and telecommunications technology; 
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‘‘(iv) furnished in accordance with 
such requirements as the Secretary specifies 
pursuant to paragraph (3); and 
‘‘(v) which are identified for such year 
by the Secretary as appropriate to furnish 
using electronic information and tele-
communications technology where a physi-
cian (as defined in section 1861(r)) or prac-
titioner 
(described 
in 
section 
1842(b)(18)(C)) furnishing the service is not 
at the same location as the plan enrollee. 
‘‘(B) FLEXIBILITY FOR PHASING IN IDENTI-
FICATIONS.—In making identifications under 
subparagraph (A)(v), the Secretary shall make 
such identifications annually and may make 
such identifications in a manner that results in 
additional telehealth services being phased in, as 
determined appropriate by the Secretary. 
‘‘(C) EXCLUSION OF CAPITAL AND INFRA-
STRUCTURE
COSTS
AND
INVESTMENTS.—For 
purposes of this subsection and section 1854, the 
term ‘additional telehealth services’ does not in-
clude capital and infrastructure costs and invest-
ments relating to such benefits provided pursu-
ant to this subsection. 
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‘‘(3) REQUIREMENTS
FOR
ADDITIONAL
TELE-
HEALTH SERVICES.—The Secretary shall specify re-
quirements for the provision of additional telehealth 
services with respect to— 
‘‘(A) qualifications (other than licensure) of 
physicians and practitioners who furnish such 
services; 
‘‘(B) the technology used in furnishing such 
services; 
‘‘(C) factors necessary for coordination of 
additional telehealth services with other services; 
and 
‘‘(D) such other criteria (such as clinical 
criteria) as determined by the Secretary. 
‘‘(4) ENROLLEE CHOICE.—An MA plan that pro-
vides a service as an additional telehealth service may 
not, when furnished without use of electronic informa-
tion and telecommunications technology, deny access 
to the equivalent in-person service. 
‘‘(5) CONSTRUCTION.— 
‘‘(A) IN GENERAL.—In determining if an 
MA organization or MA plan, as applicable, is 
in compliance with each requirement specified in 
subparagraph (B), such determination shall be 
made without regard to any additional telehealth 
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services covered by the plan offered by such orga-
nization or plan pursuant to this subsection. 
‘‘(B) REQUIREMENTS SPECIFIED.—The re-
quirements specified in this subparagraph are 
the following: 
‘‘(i) The requirements under subsection 
(d). 
‘‘(ii) The requirement under subsection 
(a)(1) with respect to covering benefits 
under the original medicare fee-for-service 
program option, as defined in the first sen-
tence of paragraph (B)(i) of such sub-
section.’’. 
(b) INCLUSION OF ADDITIONAL TELEHEALTH SERV-
ICES
IN
MA ORGANIZATION
BID
AMOUNT.—Section 
1854(a)(6)(A)(ii)(I) of the Social Security Act (42 U.S.C. 
1395w–24(a)(6)(A)(ii)(I)) is amended by inserting ‘‘, in-
cluding, for plan year 2020 and subsequent plan years, the 
provision of such benefits through the use of additional tele-
health services under section 1852(m)’’ before the semicolon 
at the end. 
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SEC. 3. USE OF TELECOMMUNICATIONS SYSTEMS IN FUR-
NISHING 
CHRONIC 
CARE 
MANAGEMENT 
SERVICES. 
Section 1848(b)(8) of the Social Security Act (42 
U.S.C. 1395(b)(8)) is amended by adding at the end the 
following new subparagraph: 
‘‘(C) CLARIFICATION.—In carrying out this 
paragraph, with respect to chronic care manage-
ment services, the Secretary may, subject to sub-
paragraph (B), make payment for such services 
furnished through the use of secure messaging, 
Internet, store and forward technologies, or other 
non-face-to-face communication methods deter-
mined appropriate by the Secretary.’’. 
SEC. 4. SENSE OF CONGRESS REGARDING PARITY OF TELE-
HEALTH SERVICES. 
It is the sense of Congress that there should be— 
(1) parity, with respect to access to telehealth, 
between the original medicare fee-for-service program 
under parts A and B of title XVIII of the Social Se-
curity Act and the Medicare Advantage program 
under part C of such title; and 
(2) access to medically appropriate, quality tele-
health for all Medicare beneficiaries. 
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SEC. 5. DEPOSIT OF SAVINGS INTO MEDICARE IMPROVE-
MENT FUND. 
Section 1898(b)(1) of the Social Security Act (42 
U.S.C. 1395iii(b)(1)) is amended by striking ‘‘during and 
after fiscal year 2021, $270,000,000’’ and inserting ‘‘during 
and after fiscal year 2021, $325,000,000’’. 
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