HEALTH Act of 2021

Bill: 117-hr-4748
Sponsor: full_name: Rep. Cawthorn, Madison [R-NC-11]
Introduced: 2021-07-28
Policy area: Health
Subjects: Administrative law and regulatory procedures

Department of Health and Human Services

Health care coverage and access

Health information and medical records

Health technology, devices, supplies

Internet and video services

Internet, web applications, social media

Right of privacy

Sound recording
Latest action: action_date: 2021-07-29
text: Referred to the Subcommittee on Health.

Summaries:
action_date: 2021-07-28
action_desc: Introduced in House
text: <p><strong>Helping Every American Link To Healthcare Act of 2021 or the HEALTH Act of 2021</strong></p> <p>This bill requires the Department of Health and Human Services (HHS) to continue allowing providers to use certain communication products when furnishing telehealth services after the COVID-19 emergency ends.</p> <p>Generally, providers must use communication products that comply with applicable federal privacy and security standards; however, HHS issued a notification stating that it would not enforce penalties against providers who, in good faith, use noncompliant communication products during the COVID-19 emergency.</p> <p>The bill requires HHS to revise applicable privacy and security regulations to allow providers to use noncompliant products for seven years after the COVID-19 emergency ends. HHS may elect to extend this period following a review of telehealth services furnished over those seven years.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 4748 IN THE HOUSE OF REPRESENTATIVES July 28, 2021 Mr. Cawthorn (for himself and Mr. Duncan ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Health and Human Services to revise HIPAA regulations to ensure patient access to telehealth services.

1. Short title This Act may be cited as the Helping Every American Link To Healthcare Act of 2021 or the HEALTH Act of 2021 . 2. Revision of HIPAA regulations to ensure patient access to telehealth services (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall revise the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) )) to ensure that, with respect to services furnished by a health care provider via telehealth during the 7-year period beginning on the last day of the emergency period described in section 1135(g)(1)(B) of such Act ( 42 U.S.C. 1320b–5(g)(1)(B) ), such provider may so furnish such services using any non-public facing audio or video communication product (as such term is used for purposes of the notice entitled Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency as published by the Office of Civil Rights of the Department of Health and Human Services). (b) Extension of policy The Secretary may extend the 7-year period described in subsection (a) for such duration as determined appropriate by the Secretary if the Secretary finds, after a review of telehealth services furnished during such period, that such extension is appropriate.