269 
300jj) is amended by adding at the end the following 
new paragraph: 
‘‘(15) WIDESPREAD
INTEROPERABILITY.—The 
term ‘widespread interoperability’ means that, on a 
nationwide basis— 
‘‘(A) health information technology are 
interoperable, in accordance with section 3010, 
including as measured by the methods adopted 
under such section; and 
‘‘(B) such records are employed by mean-
ingful EHR users under the specified meaning-
ful use incentive programs (as defined in sec-
tion 3010A(e)) and other clinicians and health 
care providers.’’. 
(g) CONFORMING AMENDMENTS.— 
(1) VOLUNTARY USE OF STANDARDS.—Section 
3006 of the Public Health Service Act (42 U.S.C. 
300jj–16) is amended— 
(A) in subsection (a)(1), by inserting ‘‘in-
cluding an interoperability standard adopted 
under section 3004’’ after ‘‘section 3004’’. 
(B) in subsection (b), by inserting ‘‘includ-
ing the interoperability standards adopted 
under section 3004’’ after ‘‘section 3004’’. 
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270 
(2) HIPAA PRIVACY AND SECURITY LAW DEFI-
NITION CORRECTION.—Section 3009(a)(2)(A) of the 
Public Health Service Act (42 U.S.C. 300jj– 
19(a)(2)(A)) is amended by striking ‘‘title IV’’ and 
inserting ‘‘title XIII’’. 
(3) COORDINATION OF FEDERAL ACTIVITIES.— 
Section 13111 of the HITECH Act is amended— 
(A) in subsection (a), by inserting before 
the period at the end the following: ‘‘(and, be-
ginning on January 1, 2018, that are also 
interoperable under section 3010 of such Act, 
including by being in compliance with interoper-
ability standards adopted under section 3004 of 
such Act)’’; and 
(B) in subsection (b), by inserting ‘‘(and, 
beginning on January 1, 2018, including an 
interoperability standard adopted under section 
3004 of such Act)’’ before ‘‘the President’’. 
(4) APPLICATION TO PRIVATE ENTITIES.—Sec-
tion 13112 of the HITECH Act is amended by in-
serting before the period at the end the following 
‘‘(and, beginning on January 1, 2018, that are also 
interoperable under section 3010 of such Act, in-
cluding by being in compliance with interoperability 
standards adopted under section 3004 of such Act)’’. 
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271 
(5) COORDINATION
WITH
RECOMMENDATIONS 
FOR
ACHIEVING
WIDESPREAD
EHR
INTEROPER-
ABILITY.—Section 106 of the Medicare Access and 
CHIP Reauthorization Act of 2015 (Public Law 
114–10) is amended by striking subsection (b). 
(h) PATIENT EMPOWERMENT.—It is the sense of 
Congress that— 
(1) patients have the right to the entirety of the 
health information of such patient, including such 
information contained in an electronic health record 
of such patient; 
(2) such right extends to both structured and 
unstructured data; and 
(3) to further facilitate patient ownership over 
health information of such patient— 
(A) health care providers should not have 
the ability to deny a patient’s request for access 
to the entirety of such health information of 
such patient; and 
(B) health care providers do not need the 
consent of their patients to share personal 
health information of such patients with other 
covered entities, in compliance with the HIPAA 
privacy regulations promulgated pursuant to 
section 264(c) of the Health Insurance Port-
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272 
ability and Accountability Act of 1996 for the 
purposes of supporting patient care, except in 
situations where consent is specifically required 
under such regulations, such as in cases related 
to the psychiatric records of the patient. 
Subtitle B—Telehealth 
SEC. 3021. TELEHEALTH SERVICES UNDER THE MEDICARE 
PROGRAM. 
(a) PROVISION OF INFORMATION BY CENTERS FOR 
MEDICARE & MEDICAID SERVICES.—Not later than one 
year after the date of the enactment of this Act, the Ad-
ministrator of the Centers for Medicare & Medicaid Serv-
ices shall provide to the committees of jurisdiction of the 
House of Representatives and the Senate information on 
the following: 
(1) The populations of Medicare beneficiaries, 
such as those who are dually eligible for the Medi-
care program under title XVIII of the Social Secu-
rity Act and the Medicaid program under title XIX 
of such Act and those with chronic conditions, whose 
care may be improved most in terms of quality and 
efficiency by the expansion, in a manner that meets 
or exceeds the existing in-person standard of care 
under the Medicare program under title XVIII of 
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273 
such Act, of telehealth services under section 
1834(m)(4) of such Act (42 U.S.C. 1395m(m)(4)). 
(2) Activities by the Center for Medicare and 
Medicaid Innovation which examine the use of tele-
health services in models, projects, or initiatives 
funded through section 1115A of the Social Security 
Act (42 U.S.C. 1315a). 
(3) The types of high volume procedures codes 
or diagnoses under such title XVIII which might be 
suitable to the furnishing of services via telehealth. 
(4) Barriers that might prevent the expansion 
of telehealth services under section 1834(m)(4) of 
the Social Security Act (42 U.S.C. 1395m(m)(4)) 
beyond such services that are in effect as of the date 
of the enactment of this Act. 
(b) PROVISION OF INFORMATION BY MEDPAC.—Not 
later than one year after the date of the enactment of this 
Act, the Medicare Payment Advisory Commission estab-
lished under section 1805 of the Social Security Act (42 
U.S.C. 1395b–6) shall, using data from the Medicare Ad-
vantage program under part C of title XVIII of such Act, 
provide information to the committees of jurisdiction of 
the House of Representatives and the Senate that identi-
fies— 
(1) services— 
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(A) for which payment could not be made, 
as of the date of the enactment of this Act, 
under the fee-for-service program under parts A 
and B of such title by reason of any limitation 
imposed under section 1834(m) of such Act (42 
U.S.C. 1395m(m)); and 
(B) that are services that are rec-
ommended by the Commission to be included as 
telehealth services for which payment may be 
made under the fee-for-service program under 
parts A and B of such title; and 
(2) barriers to furnishing telehealth services for 
which payment may be made under such title XVIII 
and solutions to address such barriers. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) States should collaborate, through the use 
of State health board compacts or other mecha-
nisms, to create common licensure requirements 
services in order to facilitate multistate practices 
and allow for health care providers to provide such 
services across State lines; 
(2) health care providers should be appro-
priately licensed in the physical location where the 
patient is receiving services; 
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