Rural Behavioral Health Access Act of 2021
Bill: H.R.2228 | Sponsor: Rep. Kildee, Daniel T. (D-MI)
Policy area: Health

Summary:
Rural Behavioral Health Access Act of 2021
This bill allows for Medicare payment of outpatient critical access hospital (CAH) services consisting of telehealth behavioral therapy, including (1) audio-only services, if an individual does not have access to technology with both audio and visual capabilities; and (2) services provided to an individual who has not received in-person care at the CAH, if there is a plan of care that includes an in-person visit not later than one year after telehealth services are provided.

To allow for payment of outpatient critical access hospital services 
        furnished through telehealth under the Medicare program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Behavioral Health Access Act 
of 2021''.

SEC. 2. ALLOWING FOR PAYMENT OF OUTPATIENT CRITICAL ACCESS HOSPITAL 
              SERVICES FURNISHED THROUGH TELEHEALTH UNDER THE MEDICARE 
              PROGRAM.

    (a) In General.--Notwithstanding section 1834(m) of the Social 
Security Act (42 U.S.C. 1395m(m)) and subject to subsection (b), the 
Secretary of Health and Human Services shall provide payment under 
section 1834(g) of such Act (42 U.S.C. 1395m(g)) for outpatient 
critical access hospital services consisting of behavioral therapy 
services furnished by a critical access hospital to an individual on or 
after January 1, 2021, via telecommunications technology, 
notwithstanding the fact that such individual is not located at such 
hospital.
    (b) Initiation of Services Via Telehealth.--In the case of an 
individual receiving services described in subsection (a) from a 
critical access hospital, if such individual has not, prior to 
receiving such services, received in-person care at such hospital, 
payment shall be made to such hospital in accordance with such 
subsection only if such services complement a plan of care that 
includes in-person care to be furnished at such hospital not later than 
1 year after the date such services are furnished.
    (c) Definitions.--For purposes of this section:
            (1) Critical access hospital.--The term ``critical access 
        hospital'' has the meaning given such term in section 
        1861(mm)(1) of the Social Security Act (42 U.S.C. 
        1395x(mm)(1)).
            (2) Outpatient critical access hospital services.--The term 
        ``outpatient critical access hospital services'' has the 
        meaning given such term in section 1861(mm)(3) of such Act (42 
        U.S.C. 1395x(mm)(3)).
            (3) Telecommunications technology.--The term 
        ``telecommunications technology'' means a communications system 
        permitting two-way, real-time interactive communication between 
        the individuals and health care professional and includes a 
        communications system consisting of only audio capabilities, 
        but only if such individual does not have access to a 
        communications system with audio-visual capabilities.
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