I 118th CONGRESS 1st Session H. R. 1110 IN THE HOUSE OF REPRESENTATIVES February 21, 2023 Mr. Balderson (for himself, Mrs. Lee of Nevada , Mrs. Hinson , and Mr. Neguse ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL 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.

1. Short title This Act may be cited as the Knowing the Efficiency and Efficacy of Permanent Telehealth Options Act of 2023 or the KEEP Telehealth Options Act of 2023 . 2. 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) ) and through December 31, 2024, 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 such programs and an explanation of all actions undertaken by the Secretary during such emergency period and through December 31, 2024, 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 and through December 31, 2024, including a list of services which may only be reimbursed under such programs during such period and through December 31, 2024, if furnished by such providers in-person. (C) A quantitative analysis of the use of such telehealth services under such programs during such period and through December 31, 2024, 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 and through December 31, 2024, 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 through December 31, 2024; 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 and through December 31, 2024. (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).