Title: Equal Access to Care Act
Policy area: Health

Summary:
Equal Access to Care Act
This bill temporarily authorizes a health care provider who is physically located and duly licensed in one state to provide telehealth services to individuals in one or more additional states in which the provider is not licensed during the COVID-19 (i.e., coronavirus disease 2019) emergency period.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 155 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 155

   To permit a licensed health care provider to provide health care 
services to individuals in one or more States in which the provider is 
                             not licensed.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2021

  Mr. Cruz (for himself and Mrs. Blackburn) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To permit a licensed health care provider to provide health care 
services to individuals in one or more States in which the provider is 
                             not licensed.

    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 ``Equal Access to Care Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In public health emergencies, such as the Coronavirus 
        Disease 2019 pandemic, it is of paramount importance to deliver 
        medical resources to impacted areas where the need is greatest.
            (2) Technologies that allow health care providers to 
        deliver care across great distances can deliver medical care 
        into impacted areas, including mental health services and 
        maintenance care for chronic illnesses.
            (3) Technologies that allow health care providers to 
        deliver care across great distances can thereby free local 
        providers to address community needs that providers can only 
        address in person.
            (4) Under the Constitution, the Commerce Clause grants 
        Congress the authority to regulate commerce among the States.

SEC. 3. INTERSTATE TELEMEDICINE.

    (a) In General.--Notwithstanding any other provision of law, during 
the period described in subsection (b), in the case of a physician, 
practitioner, or other health care provider who is licensed or 
otherwise legally authorized to provide health care services in a 
primary State, and who provides such health care services in interstate 
commerce through electronic information or telecommunication 
technologies to an individual in a secondary State, the location of the 
provision of such services shall be deemed to be the primary State and 
any requirement that such physician, practitioner, or other provider 
obtain a comparable license or other comparable legal authorization 
from the secondary State with respect to the provision of such services 
(including requirements relating to the prescribing of drugs in such 
secondary State) shall not apply.
    (b) Period Described.--The period described in this subsection is 
the period beginning on the date of enactment of this Act and ending on 
the date that is 180 days after the date on which the national 
emergency declared by the President under the National Emergencies Act 
(50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 
(COVID-19) ends.
    (c) Review of Regulations.--The head of each Federal agency shall 
review existing guidance and regulations to identify any such guidance 
or regulations that may conflict with the provisions of this section. 
If the head of an agency finds any such conflict, notwithstanding any 
other provision of law, such agency head shall, not later than 30 days 
after the date of enactment of this Act, issue revised guidance or 
regulations to ensure compliance with the provisions of this section.
    (d) Definitions.--In this section:
            (1) Health care services.--The term ``health care 
        services'' shall not include services of the type for which 
        funding is prohibited under the requirements contained in 
        Public Law 116-94 as relating to funds for programs authorized 
        under sections 330 through 340 of the Public Health Service Act 
        (42 U.S.C. 254 through 256).
            (2) Primary state.--The term ``primary State'' means, with 
        respect to the provision of health care services by a 
        physician, practitioner, or other health care provider in 
        interstate commerce through electronic information or 
        telecommunication technologies, the State in which such 
        physician, practitioner, or provider is physically located and 
        licensed.
            (3) Secondary state.--The term ``secondary State'' means, 
        with respect to the provision of health care services by a 
        physician, practitioner, or other health care provider in 
        interstate commerce through electronic information or 
        telecommunication technologies, a State in which such 
        physician, practitioner, or other provider is not physically 
        located or licensed.
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