II 117th CONGRESS 2d Session S. 3793 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Scott of South Carolina (for himself and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XI of the Social Security Act to recommend that the Center for Medicare and Medicaid Innovation test the effect of technology-enabled care interventions in the home to coordinate care over time and across settings, improve quality, and lower costs for certain Medicare Advantage beneficiaries, and for other purposes.

1. Short title This Act may be cited as the Technology-Enabled Care in the Home (TECH) Act . 2. Center for Medicare and Medicaid innovation testing of Medicare Advantage telehealth, remote patient monitoring, and other technology-enabled care interventions in the home demonstration project Section 1115A of the Social Security Act ( 42 U.S.C. 1315a ) is amended— (1) in subsection (b)(2)(B), by adding at the end the following new clause: (xxviii) Furnishing telehealth, remote patient monitoring, and other technology-enabled care interventions in the home to eligible individuals as described in subsection (h). ; and (2) by adding at the end the following new subsection: (h) Medicare Advantage telehealth, remote patient monitoring, and other technology-Enabled care interventions in the home demonstration project (TECH demonstration project) (1) Description of demonstration project and requirements (A) In general The demonstration project described in this subsection (referred to in this subsection as the TECH demonstration project) is a demonstration project to test the use of telehealth services, remote patient monitoring, and other technology-enabled care interventions in the home for eligible enrollees authorized under Medicare Advantage organizations under part C of title XVIII and restricted to such organizations that are participating in the CMI’s Value-Based Insurance Design model in 2023. The demonstration project will test the effectiveness of these technology-enabled interventions on— (i) the provision of care in homes and congregate care settings for the management of disease progression, patient health, care quality, patient care experience, and caregiver well-being; and (ii) reducing spending under part C of title XVIII without reducing quality of care. (B) Voluntary participation Participation under the TECH demonstration project shall be voluntary with respect to both eligible enrollees and Medicare Advantage organizations. (2) Duration The TECH demonstration project shall be implemented for a 3-year period, beginning not later than 18 months after the date of the enactment of this subsection. (3) Enrollment The TECH demonstration project shall establish a comparison group and enroll sufficient numbers of eligible enrollees to achieve statistically significant findings on quality and cost for the demonstration project and for specific sub-populations, including those based on geography, socioeconomic status, age, race, and ethnicity. (4) Definitions In this subsection: (A) Eligible enrollee The term eligible enrollee means a chronically ill enrollee (as defined in section 1852(a)(3)(D)(iii)). (B) Remote patient monitoring The term remote patient monitoring means connected digital technologies and mobile medical devices that collect clinical grade, patient-generated health data from individuals in one location and electronically transmit that information securely to a care team in a different location for assessment and intervention. (C) Telehealth services The term telehealth services means telehealth services (as defined in subparagraph (F) of section 1834(m)(4), but without regard to geographic or other originating site requirements described in subparagraph (C) of such section). (D) Other technology-enabled care interventions The term technology-enabled care interventions means mobile, digital, or electronic health services and systems that enable the remote, secure exchange of information primarily between a health or care provider and a patient in a home or congregate care setting for the purpose of diagnosing or managing a health condition. (5) Funding Out of amounts appropriated under subsection (f)(1)(C) for the 10-year fiscal period beginning with fiscal year 2020, $25,000,000 shall be made available to carry out this subsection. . 3. Changes to the administrative finality policy of the Social Security Administration (a) In general Section 205(c) of the Social Security Act ( 42 U.S.C. 401(c) ) is amended— (1) by striking paragraphs (4) and (5) and inserting the following: (4) The Commissioner of Social Security may, if it is brought to the Commissioner's attention that any entry of wages or self-employment income in the Commissioner's records for a year is erroneous or that any item of wages or self-employment income for such year has been omitted from such records, correct such entry or include such omitted item in the individual's records, as the case may be. After the expiration of the time limitation following any year— (A) the Commissioner's records (with changes, if any, made pursuant to such regulations as the Commissioner shall establish) of the amounts of wages paid to, and self-employment income derived by, an individual during any period in such year shall be conclusive for the purposes of this title; (B) the absence of an entry in the Commissioner's records as to the wages alleged to have been paid by an employer to an individual during any period in such year shall be presumptive evidence for the purposes of this title that no such alleged wages were paid to such individual in such period; and (C) the absence of an entry in the Commissioner's records as to the self-employment income alleged to have been derived by an individual in such year shall be conclusive for the purposes of this title that no such alleged self-employment income was derived by such individual in such year unless it is shown that the individual filed a tax return of the individual's self-employment income for such year before the expiration of the time limitation following such year, in which case the Commissioner of Social Security shall include in the Commissioner's records the self-employment income of such individual for such year. ; (2) by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; and (3) in paragraph (5), as so redesignated, by striking under paragraph (4) or (5) and inserting made by the Commissioner of Social Security in accordance with such regulations as the Commissioner shall establish . (b) Requiring SSA To adjust administrative finality policy Not later than 6 months after the date of enactment, the Commissioner of Social Security shall promulgate regulations establishing processes and criteria for correcting the Commissioner's records of the wages and self-employment income of individuals for purposes of title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) in accordance with section 205(c)(4) of such Act, as amended by subsection (a).