KEEP Telehealth Options Act of 2021
Bill: H.R.1677 | Sponsor: Rep. Balderson, Troy (R-OH)
Policy area: Health

Summary:
Knowing the Efficiency and Efficacy of Permanent Telehealth Options Act of 2021 or the KEEP Telehealth Options Act of 2021
This bill requires certain agencies to report on the availability and effects of expanded telehealth services under Medicare, Medicaid, and the Children's Health Insurance Program (CHIP) during the public health emergency relating to COVID-19.
Among other information, the Department of Health and Human Services must detail its actions during the emergency to expand access to telehealth services and must analyze telehealth usage by certain demographic groups. The Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission must report on the improvements and barriers to telehealth access during the emergency and the risks of fraudulent activity associated with expanded access.

To direct the Secretary of Health and Human Services, the Medicare 
  Payment Advisory Commission, and the Medicaid and CHIP Payment and 
Access Commission to conduct studies and report to Congress on actions 
   taken to expand access to telehealth services under the Medicare, 
Medicaid, and Children's Health Insurance programs during the COVID-19 
                               emergency.

    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 ``Knowing the Efficiency and Efficacy 
of Permanent Telehealth Options Act of 2021'' or the ``KEEP Telehealth 
Options Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On January 21, 2020, the United States confirmed the 
        Nation's first case of the 2019 novel coronavirus (which 
        presents as the disease COVID-19).
            (2) On January 31, 2020, the Secretary of Health and Human 
        Services (in this Act referred to as the ``Secretary'') 
        declared a public health emergency in response to COVID-19.
            (3) By March, the disease reached the pandemic level 
        according to the World Health Organization, and the President 
        proclaimed the COVID-19 outbreak in the United States to 
        constitute a national emergency.
            (4) This emergency declaration authorizes the Secretary 
        ``to temporarily waive or modify certain requirements of the 
        Medicare, Medicaid, and State Children's Health Insurance 
        programs and of the Health Insurance Portability and 
        Accountability Act Privacy Rule throughout the duration of the 
        public health emergency declared in response to the COVID-19 
        outbreak''.
            (5) Under this authority, the Secretary, and the 
        Administrator of the Centers for Medicare & Medicaid Services 
        (in this Act referred to as the ``Administrator'') acting under 
        the Secretary's authority, issued numerous rules, regulations, 
        and waivers enabling the expansion of telehealth services 
        during the public health emergency.
            (6) Telehealth services play a critical role in enhancing 
        access to care for patients while simultaneously reducing the 
        risk of exposure to the coronavirus for both patients and 
        providers.
            (7) The Administrator expanded access to telehealth 
        services under the public health emergency to all Medicare 
        beneficiaries (including clinician-provided services to new and 
        established patients).
            (8) On April 23, 2020, the Administrator released a 
        telehealth toolkit to assist States in expanding the use of 
        telehealth through Medicaid and CHIP.
            (9) Expanded telehealth options are valuable for all 
        Americans during this public health crisis, but especially for 
        high-risk patients and rural Americans who already have 
        difficulty accessing care.

SEC. 3. STUDIES AND REPORTS ON THE EXPANSION OF ACCESS TO TELEHEALTH 
              SERVICES DURING THE COVID-19 EMERGENCY.

    (a) HHS.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary, in consultation with 
        the Administrator, shall conduct a study and submit to Congress 
        a report on actions taken by the Secretary during the emergency 
        period described in section 1135(g)(1)(B) of the Social 
        Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to 
        telehealth services under the Medicare program, the Medicaid 
        program, and the Children's Health Insurance program. Such 
        report shall include the following:
                    (A) A comprehensive list of telehealth services 
                available under the programs described in paragraph (1) 
                and an explanation of all actions undertaken by the 
                Secretary during the emergency period described in such 
                paragraph to expand access to such services.
                    (B) A comprehensive list of types of providers that 
                may be reimbursed for such services furnished under 
                such programs during such period, including a list of 
                services which may only be reimbursed under such 
                programs during such period if furnished by such 
                providers in-person.
                    (C) A quantitative analysis of the use of such 
                telehealth services under such programs during such 
                period, including data points on use by rural, 
                minority, low-income, and elderly populations.
                    (D) A quantitative analysis of the use of such 
                services under such programs during such period for 
                mental and behavioral health treatments.
                    (E) An analysis of the public health impacts of the 
                actions described in subparagraph (A).
            (2) Publication of report.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary shall 
        publish on the public website of the Department of Health and 
        Human Services the report described in paragraph (1).
    (b) MedPAC and MACPAC.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Medicare Payment Advisory Commission 
        and the Medicaid and CHIP Payment and Access Commission, in 
        consultation with the Inspector General of the Department of 
        Health and Human Services, shall each conduct a study and 
        submit to Congress a report on--
                    (A) any improvements to, or barriers in, access to 
                telehealth services under--
                            (i) in the case of the report submitted by 
                        the Medicare Payment Advisory Commission, the 
                        Medicare program; and
                            (ii) in the case of the report submitted by 
                        the Medicaid and CHIP Payment and Access 
                        Commission, the Medicaid and Children's Health 
                        Insurance programs;
                during the emergency period described in subsection 
                (a)(1); and
                    (B) what is known about any increased risk in 
                increased fraudulent activity, including the types of 
                fraudulent activity, that could be associated with the 
                expansion of access to such services under such 
                programs during such period.
            (2) Recommendations.--The reports submitted under paragraph 
        (1) shall include recommendations, as appropriate, on--
                    (A) potential improvements to telehealth services, 
                and expansions of such services, under the programs 
                described in paragraph (1)(A); and
                    (B) possible approaches to addressing any 
                fraudulent activity described in paragraph (1)(B).
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