Title: Home Health Emergency Access to Telehealth Act
Policy area: Health

Summary:
Home Health Emergency Access to Telehealth Act or the HEAT Act
This bill provides for Medicare coverage of home health services that are furnished via telehealth during a public health emergency, in accordance with specified requirements.
Specifically, the bill allows telehealth services to substitute for in-person home health services and to be considered as home health visits for purposes of payment under Medicare during a public health emergency. Such services (1) may not constitute more than 50% of the number of billable visits in a 30-day period, (2) must be furnished under a plan of care established by a practitioner with whom the beneficiary has an existing care relationship, and (3) must be furnished in accordance with the beneficiary's consent.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1309 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1309

 To provide payments for home health services furnished via visual or 
      audio telecommunication systems during an emergency period.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2021

 Ms. Collins (for herself, Mr. Cardin, Mr. Marshall, and Mrs. Shaheen) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To provide payments for home health services furnished via visual or 
      audio telecommunication systems during an emergency period.

    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 ``Home Health Emergency Access to 
Telehealth Act'' or the ``HEAT Act''.

SEC. 2. AUTHORIZATION OF PAYMENTS FOR HOME HEALTH SERVICES FURNISHED 
              VIA VISUAL OR AUDIO TELECOMMUNICATION SYSTEMS DURING AN 
              EMERGENCY PERIOD.

    (a) Waiver Authority.--
            (1) In general.--The first sentence of section 1135(b) of 
        the Social Security Act (42 U.S.C. 1320b-5(b)) is amended--
                    (A) in paragraph (8), by striking ``and'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding the following new paragraph:
            ``(10) in the case of home health services furnished in an 
        emergency area (or portion of such an area) during any portion 
        of any emergency period (as those terms are defined in 
        subsection (g)(1)(C)), the provisions of subparagraphs (A) and 
        (B) of section 1895(e)(1), as determined appropriate by the 
        Secretary.''.
            (2) Definitions of emergency area; emergency period.--
        Section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
        5(g)(1)) is amended--
                    (A) in subparagraph (A), by striking ``subparagraph 
                (B)'' and inserting ``subparagraphs (B) and (C)''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) Additional exception.--For purposes of 
                subsection (b)(10), an `emergency area' is a 
                geographical area in which, and an `emergency period' 
                is the period during which, there exists a public 
                health emergency declared by the Secretary pursuant to 
                section 319 of the Public Health Service Act.''.
    (b) Authorization.--Section 1895(e) of the Social Security Act (42 
U.S.C. 1395fff(e)) is amended--
            (1) in paragraph (1), by striking ``Nothing'' and inserting 
        ``Subject to paragraph (2), nothing'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Exception for public health emergencies.--Nothing in 
        this section shall be construed as preventing a home health 
        agency furnishing a home health unit of service for which 
        payment is made under the prospective payment system 
        established by this section for such units of service from 
        furnishing services via a video or audio telecommunication 
        system if such services--
                    ``(A) are furnished pursuant to a waiver under 
                section 1135(b)(10);
                    ``(B) constitute no more than 50 percent of the 
                number of billable visits, consistent with the in-
                person visit equivalency determination, billed under 
                the 30-day period of care established under section 
                484.215(f) of title 42, Code of Federal Regulations;
                    ``(C) are furnished to a beneficiary under a plan 
                of care established by a physician or practitioner with 
                whom the beneficiary has an existing care relationship 
                prior to the receipt of home health services that 
                includes home health services to be furnished via a 
                video or audio telecommunication system; and
                    ``(D) such beneficiary consents to receiving home 
                health services via a video or audio telecommunication 
                system.''.
    (c) Implementation.--
            (1) In general.--The Secretary shall prescribe regulations 
        to apply to home health services furnished pursuant to the 
        amendments made by this Act, which shall become effective no 
        later than 60 days after the date of enactment of this Act. The 
        Secretary shall issue an interim final rule, if necessary, to 
        comply with the required effective date.
            (2) Considerations.--In prescribing such regulations, the 
        Secretary may consider including--
                    (A) standards for the content of orders and patient 
                consent for such services;
                    (B) documentation of such services provided and 
                billing units of such services;
                    (C) the nature and level of resources utilized for 
                such services provided via video or audio 
                telecommunication systems for purposes of determining 
                equivalency with in-person visits in establishing the 
                payment for such services; and
                    (D) standards to ensure program integrity and 
                prevent the incidence of fraud, waste, and abuse with 
                respect to such services.
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