IIB 117th CONGRESS 2d Session H. R. 4040 IN THE SENATE OF THE UNITED STATES July 28, 2022 Received; read twice and referred to the Committee on Finance AN ACT To amend title XVIII of the Social Security Act to extend telehealth flexibilities under the Medicare program, and for other purposes.

1. Short title This Act may be cited as the Advancing Telehealth Beyond COVID–19 Act of 2022 . 2. Removing geographic requirements and expanding originating sites for telehealth services Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in paragraph (2)(B)(iii)— (A) by striking With and inserting In the case that the emergency period described in section 1135(g)(1)(B) ends before December 31, 2024, with ; and (B) by striking that are furnished during the 151-day period beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B) and inserting that are furnished during the period beginning on the first day after the end of such emergency period and ending December 31, 2024 ; and (2) in paragraph (4)(C)(iii)— (A) by striking With and inserting In the case that the emergency period described in section 1135(g)(1)(B) ends before December 31, 2024, with ; and (B) by striking that are furnished during the 151-day period beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B) and inserting that are furnished during the period beginning on the first day after the end of such emergency period and ending on December 31, 2024 . 3. Expanding practitioners eligible to furnish telehealth services Section 1834(m)(4)(E) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(E) ) is amended by striking and, for the 151-day period beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B) and inserting and, in the case that the emergency period described in section 1135(g)(1)(B) ends before December 31, 2024, for the period beginning on the first day after the end of such emergency period and ending on December 31, 2024 . 4. Extending telehealth services for federally qualified health centers and rural health clinics Section 1834(m)(8)(A) of the Social Security Act ( 42 U.S.C. 1395m(m)(8)(A) ) is amended by striking during the 151-day period beginning on the first day after the end of such emergency period and inserting in the case that such emergency period ends before December 31, 2024, during the period beginning on the first day after the end of such emergency period and ending on December 31, 2024 . 5. Delaying the in-person requirements under medicare for mental health services furnished through telehealth and telecommunications technology (a) Delay in requirements for mental health services furnished through telehealth Section 1834(m)(7)(B)(i) of the Social Security Act ( 42 U.S.C. 1395m(m)(7)(B)(i) ) is amended, in the matter preceding subclause (I), by striking on or after the day that is the 152nd day after the end of the period at the end of the emergency sentence described in section 1135(g)(1)(B)) and inserting on or after January 1, 2025 (or, if later, the first day after the end of the emergency period described in section 1135(g)(1)(B)) . (b) Mental health visits furnished by rural health clinics Section 1834(y) of the Social Security Act ( 42 U.S.C. 1395m(y) ) is amended— (1) in the heading, by striking to hospice patients ; and (2) in paragraph (2), by striking prior to the day that is the 152nd day after the end of the emergency period described in section 1135(g)(1)(B)) and inserting prior to January 1, 2025 (or, if later, the first day after the end of the emergency period described in section 1135(g)(1)(B)) . (c) Mental health visits furnished by federally qualified health centers Section 1834(o)(4) of the Social Security Act ( 42 U.S.C. 1395m(o)(4) is amended— (1) in the heading, by striking to hospice patients ; and (2) in subparagraph (B), by striking prior to the day that is the 152nd day after the end of the emergency period described in section 1135(g)(1)(B)) and inserting prior to January 1, 2025 (or, if later, the first day after the end of the emergency period described in section 1135(g)(1)(B)) . 6. Allowing for the furnishing of audio-only telehealth services Section 1834(m)(9) of the Social Security Act ( 42 U.S.C. 1395m(m)(9) ) is amended by striking The Secretary shall continue to provide coverage and payment under this part for telehealth services identified in paragraph (4)(F)(i) as of the date of the enactment of this paragraph that are furnished via an audio-only telecommunications system during the 151-day period beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B) and inserting In the case that the emergency period described in section 1135(g)(1)(B) ends before December 31, 2024, the Secretary shall continue to provide coverage and payment under this part for telehealth services identified in paragraph (4)(F)(i) that are furnished via an audio-only communications system during the period beginning on the first day after the end of such emergency period and ending on December 31, 2024 . 7. Use of telehealth to conduct face-to-face encounter prior to recertification of eligibility for hospice care during emergency period Section 1814(a)(7)(D)(i)(II) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(D)(i)(II) ) is amended by striking and during the 151-day period beginning on the first day after the end of such emergency period and inserting and, in the case that such emergency period ends before December 31, 2024, during the period beginning on the first day after the end of such emergency period described in such section 1135(g)(1)(B) and ending on December 31, 2024 . 8. Funding from medicare improvement fund Section 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395jjj(b)(1) ) is amended by striking $7,500,000,000 and inserting $5,153,000,000 . 9. Program instruction authority Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, including amendments made by, sections 2 through 7 through program instruction or otherwise. 10. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives July 27, 2022. Cheryl L. Johnson, Clerk.