,,ii #aadth ,,congress #b;d ,session ,s4 #bdhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #b1 #bjaf,mr4 ,schatz 7for himself1 ,mr4 ,wicker1 ,mr4 ,cochran1 ,mr4 ,cardin1 ,mr4 ,thune1 and ,mr4 ,warner7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend titles ,,xviii and ,,xi of the ,social ,security ,act to promote cost savings and quality care under the ,medicare program through the use of telehealth and remote patient monitoring services1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,creating ,opportunities ,now for ,necessary and ,effective ,care ,technologies 7,,connect7 for ,health ,act or the ,,connect for ,health ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,telehealth and remote patient monitoring services bridge demonstration waivers ,sec4 #aja4 ,telehealth and remote patient monitoring services bridge demonstration waivers4 ,,title ,,ii--,telehealth and remote patient monitoring services furnished by qualifying ,,apm participants ,sec4 #bja4 ,telehealth and remote patient monitoring services furnished by qualifying ,,apm participants4 ,,title ,,iii--,medicare coverage of telehealth and remote patient monitoring services ,sec4 #cja4 ,remote patient monitoring services for individuals with certain chronic health conditions4 ,sec4 #cjb4 ,allowing telehealth to meet monthly clinician in-person visit requirement for certain home dialysis4 ,sec4 #cjc4 ,allowing stroke evaluation sites and ,native ,american health service facilities as sites eligible for telehealth payment4 ,sec4 #cjd4 ,rural health clinics and ,federally qualified health centers authorized to be distant sites4 ,sec4 #cje4 ,addressing gaps in quality measures for telehealth and remote patient monitoring services4 ,,title ,,iv--,use of telehealth and remote patient monitoring services to provide basic benefits under ,medicare part ,c ,sec4 #dja4 ,use of telehealth and remote patient monitoring services to provide basic benefits under ,medicare part ,c4 ,,title ,v--,clarification regarding telehealth and remote patient monitoring technologies provided to beneficiaries ,sec4 #eja4 ,clarification regarding telehealth and remote patient monitoring technologies provided to beneficiaries4 ,i ,telehealth and remote patient monitoring services bridge demonstration waivers #aja4 ,telehealth and remote patient monitoring services bridge demonstration waivers ,title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 is amended by adding at the end the following new section3 #ahii;,c4 ,telehealth and remote patient monitoring services bridge demonstration waivers 7a7 ,implementation 7#a7 ,in general ,subject to the succeeding provisions of this subsection1 the ,secretary shall solicit proposals from1 and issue telehealth or remote patient monitoring services bridge demonstration waivers under this title to1 eligible applicants who1 for the duration of time for which the demonstration waiver would apply1 are furnishing telehealth or remote patient monitoring services 7as defined in section #ahfa7;iii77 to individuals under this title in a manner that is consistent with the goals of the ,merit-based ,incentive ,payment ,system under section #ahdh7q71 including the goals of quality1 resource utilization1 and clinical practice improvement 7including care coordination and patient engagement71 or the incentive payments for participation in eligible alternative payment models under section #ahcc7z74 7#b7 ,eligible applicant defined ,in this section1 the term eligible applicant means the following3 7,a7 ,a professional described in section #ahdh7q77#a77;,c77i77,i74 7,b7 ,a qualifying ,,apm participant 7as defined in section #ahcc7z77#b774 7,c7 ,any other provider1 including a professional described in section #ahdh7q77#a77;,c77i77,,ii71 determined appropriate by the ,secretary1 and a group that includes such providers4 7b7 ,demonstration waiver application requirements ,an eligible applicant seeking a demonstration waiver under this section shall submit an application to the ,secretary on an annual basis that includes the following3 7#a7 ,an attestation of the intent of the applicant to use telehealth or remote patient monitoring services to meet the goals described in subsection 7a77#a71 and details 7as specified by the ,secretary7 on how the eligible applicant will use those services to meet such goals4 7#b7 ,an agreement by the applicant to-- 7,a7 submit the information described in subsection 7d7 in accordance with such subsection2 and 7,b7 cooperate in any audit conducted under subsection 7e7 with respect to claims for telehealth or remote patient monitoring services furnished by the applicant under the waiver4 7c7 ,waiver of limitations for telehealth or remote patient monitoring services 7#a7 ,in general ,the ,secretary shall waive certain applicable provisions of sections #ahcd7m7 and #ahfa7;iii7 as a condition of payment for telehealth or remote patient monitoring services for eligible applicants whose application for a demonstration waiver was approved under this section4 ,the provisions to be waived under the preceding sentence include any limitation on what qualifies as an originating site1 any geographic limitation 7subject to ,state licensing requirements71 any limitation on the use of store-and-forward technologies1 or any limitation on the type of health care provider who may furnish such services 7provided the provider is a ,medicare enrolled provider74 7#b7 ,general supervision ,the ,secretary shall permit an eligible applicant whose application for a demonstration waiver was approved under this section to furnish telehealth or remote patient monitoring services under the general supervision of the applicant4 7d7 ,annual submission of data ,an eligible applicant whose application for a demonstration waiver under this section was approved shall1 on an annual basis1 submit to the ,secretary-- 7#a7 information requested by the ,secretary for evaluation of the demonstration1 including information on utilization and expenditures for telehealth or remote patient monitoring services under the demonstration waiver during the preceding year2 7#b7 data on applicable quality measures during the preceding year1 consistent with sections #ahdh and #ahcc7z72 and 7#c7 such other information as the ,secretary determines is necessary to complete the report under subsection 7g74 7e7 ,random audits ,the ,secretary shall conduct audits of randomly selected claims under the demonstration waiver program under this section to ensure that waivers under the program are being used as intended to furnish telehealth or remote patient monitoring services4 7f7 ,implementation 7#a7 ,sunset ,except as provided in paragraph 7#b71 the authority to carry out the demonstration waiver program under this section shall expire on ,december #ca1 #bjai4 7#b7 ,expansion ,taking into account the report under subsection 7g71 the ,secretary may1 through rulemaking1 expand 7including implementation on a nationwide basis7 the duration and the scope of the demonstration waiver program under this section1 to the extent determined appropriate by the ,secretary1 if-- 7,a7 the ,secretary determines that such expansion is expected to-- 7i7 reduce spending under this title without reducing the quality of care2 or 7ii7 improve the quality of patient care without increasing spending2 7,b7 the ,chief ,actuary of the ,centers for ,medicare ,medicaid ,services certifies that such expansion would reduce 7or would not result in any increase in7 net program spending under this title2 and 7,c7 the ,secretary determines that such expansion would not deny or limit the coverage or provision of benefits under this title for individuals4 7g7 ,report to congress ,not later than ,december #ca1 #bjbj1 the ,chief ,actuary of the ,centers for ,medicare ,medicaid ,services shall submit to ,congress a report containing an evaluation of the impact of telehealth and remote patient monitoring services under the demonstration waiver program on-- 7#a7 spending under this title2 and 7#b7 achieving the additional ,,mips adjustment factors for exceptional performance described in section #ahdh7q77#f77;,c7 and incentive payments for participation in eligible alternative payment models described in section #ahcc7z77#a74 4 ,,ii ,telehealth and remote patient monitoring services furnished by qualifying ,,apm participants #bja4 ,telehealth and remote patient monitoring services furnished by qualifying ,,apm participants 7a7 ,in general ,title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq471 as amended by section #aja1 is amended by adding at the end the following new section3 #ahii;,d4 ,telehealth and remote patient monitoring services furnished by qualifying ,,apm participants 7a7 ,in general ,the ,secretary shall waive certain applicable provisions of section #ahcd7m7 and section #ahfa7;iii7 as a condition of payment for telehealth or remote patient monitoring services for a qualifying ,,apm participant 7as defined in section #ahcc7z77#b774 ,the provisions to be waived under the preceding sentence include any limitation on what qualifies as an originating site1 any geographic limitation 7subject to ,state licensing requirements71 any limitation on the use of store-and-forward technologies1 or any limitation on the type of health care provider who may furnish such services 7provided the provider is a ,medicare enrolled provider74 7b7 ,annual submission of data ,a qualifying ,,apm participant 7as so defined7 who furnishes telehealth or remote patient monitoring services under this section shall1 on an annual basis1 submit to the ,secretary information requested by the ,secretary for evaluation of the implementation of this section1 including information on utilization and expenditures for telehealth or remote patient monitoring services under this section during the preceding year and data on any applicable quality measures1 consistent with sections #ahdh and #ahcc7z74 7c7 ,no increase in expenditures ,if the ,secretary determines payments for telehealth or remote patient monitoring services under this section will increase expenditures under this title1 the ,secretary shall make adjustments to such payments to eliminate such increased expenditures4 4 7b7 ,effective date ,the amendment made by this section shall apply with respect to services furnished on or after ,january #a1 #bjag4 ,,iii ,medicare coverage of telehealth and remote patient monitoring services #cja4 ,remote patient monitoring services for individuals with certain chronic health conditions 7a7 ,coverage 7#a7 ,in general ,section #ahfa7s77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7s77#b77 is amended-- 7,a7 in subparagraph 7,,ee71 by striking and at the end2 7,b7 in subparagraph 7,,ff71 by inserting and at the end2 and 7,c7 by inserting after subparagraph 7,,ff7 the following new subparagraph3 7,,gg7 applicable remote patient monitoring services for individuals with certain chronic health conditions 7as defined in subsection 7iii772 4 7#b7 ,coverage as rural health clinic services and ,federally qualified health center services ,section #ahfa7;aa7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7aa77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking 1 and and inserting a comma2 7ii7 in subparagraph 7,c71 by inserting and after the comma at the end2 and 7iii7 by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 applicable remote patient monitoring services for individuals with certain chronic health conditions 7as defined in subsection 7iii771 2 and 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7ii7 in subparagraph 7,b71 by striking the comma and inserting 2 and2 and 7iii7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 applicable remote patient monitoring services for individuals with certain chronic health conditions 7as defined in subsection 7iii771 4 7b7 ,services described ,section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7 is amended by adding at the end the following new subsection3 7iii7 ,remote patient monitoring services for individuals with certain chronic health conditions 7#a7 7,a7 ,the term applicable remote patient monitoring services for individuals with certain chronic health conditions means remote patient monitoring services 7as defined in subparagraph 7,b77 furnished to an applicable individual 7as defined in subparagraph 7,c77 under general supervision of the provider1 with the exception of those services covered under subsection 7s77#a74 7,b7 ,the term remote patient monitoring services means personal medical data transmitted from an applicable individual in one location via electronic communications technologies to an eligible provider 7as defined in subparagraph 7,d77 in a different location and used by the eligible provider in furnishing remote patient monitoring services to such individual that complies with the ,federal regulations 7concerning the privacy and security of individually identifiable health information7 promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 as part of an established plan of care for that individual that includes the review and interpretation of that data by an eligible provider4 ,such term includes those services furnished in a ,federally qualified health center or a rural health clinic 7,c7 ,the term applicable individual means an individual-- 7i7 with #b or more covered chronic conditions 7as defined in paragraph 7#b772 and 7ii7 who has a history of #b or more hospitalizations or emergency room visits related to such covered chronic conditions of the individual in the preceding #ab months4 7,d7 ,the term eligible provider means a physician 7as defined in section #ahfa7r77 or a practitioner described in section #ahdb7;b77#ah77;,c74 7,e7 ,the ,secretary shall establish procedures under which eligible providers who furnish remote patient monitoring services are required to annually submit data on applicable quality measures under sections #ahdh and #ahcc7z74 7#b7 7,a7 ,for purposes of paragraph 7#a77;,c71 subject to subparagraph 7,b71 the term covered chronic condition means-- 7i7 a condition that qualifies an individual for chronic care management services under section #ahdh7;b77#h72 and 7ii7 any other condition the ,secretary may specify4 7,b7 ,if the ,chief ,actuary of the ,centers for ,medicare ,medicaid ,services determines that the inclusion of a condition described in subparagraph 7,a7 in the definition of the term covered chronic condition under such subparagraph will result in increased expenditures under this title1 the ,secretary shall make adjustments to such definition to eliminate such increased expenditures4 7#c7 7,a7 ,payment may be made under this part for applicable remote patient monitoring services for individuals with certain chronic health conditions furnished to an applicable individual during a period of up to #ij days 7beginning with the commencement of such services7 and such additional period as provided for under subparagraph 7,b74 7,b7 ,the #ij-;day period described in subparagraph 7,a71 with respect to an applicable individual1 may be renewed by the eligible provider who provides chronic care management services to such individual if the individual has had one or more hospitalizations1 not including emergency room visits1 related to the covered chronic conditions of the individual described in paragraph 7#a77;,c7 since the beginning of such period4 4 7c7 ,payment 7#a7 ,in general ,section #ahdh7;j77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7;j77#c77 is amended by inserting 7#b77;,,gg71 after health risk assessment714 7#b7 ,rural health clinic services and ,federally qualified health center services ,section #ahcc of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7 is amended by adding at the end the following new subsection3 7aa7 ,payment for applicable remote patient monitoring services for individuals with certain chronic health conditions furnished by a rural health clinic or a ,federally qualified health center ,notwithstanding any other provision of law1 in the case of applicable remote patient monitoring services for individuals with certain chronic health conditions 7as defined in section #ahfa7;iii77 furnished by a rural health clinic or a ,federally qualified health center under paragraphs 7#a7 and 7#c71 respectively1 of section #ahfa7;aa71 payment shall be made in an amount equal to the national average payment amount for such service1 as determined by the ,secretary1 in accordance with section #ahdh 7without regard to any adjustment under subsections 7a77#e71 7a77#g71 7a77#h71 7p71 or 7q7 of such section74 4 7d7 ,effective date ,the amendments made by this section shall apply to services furnished on or after ,january #a1 #bjag4 #cjb4 ,allowing telehealth to meet monthly clinician in-person visit requirement for certain home dialysis 7a7 ,in general ,section #ahha7;b77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acierr7b77#c77 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively2 7#b7 in clause 7ii71 as redesignated by subparagraph 7,a71 strike on a comprehensive and insert subject to subparagraph 7,b71 on a comprehensive2 7#c7 by striking ,with respect to and inserting 7,a7 ,with respect to2 and 7#d7 by adding at the end the following new subparagraph3 7,b7 ,for purposes of subparagraph 7,a77ii71 an individual determined to have end stage renal disease receiving home dialysis may elect to receive the monthly end stage renal disease-related visits via telehealth if the individual receives an in-person examination at least once every three consecutive months4 ,for purposes of the preceding sentence1 a dialysis facility shall be the originating site at which the individual is located at the time the service is furnished via telehealth4 4 7b7 ,conforming amendment ,section #ahha7;b77#a7 of such ,act 7#db ,u4,s4,c4 #acierr7b77#a77 is amended by striking paragraph 7#c77;,a7 and inserting paragraph 7#c77;,a77i74 7c7 ,effective date ,the amendments made by this subsection shall apply with respect to the monthly fee or other basis of payment for home dialysis services furnished on or after ,january #a1 #bjag4 #cjc4 ,allowing stroke evaluation sites and ,native ,american health service facilities as sites eligible for telehealth payment 7a7 ,stroke evaluation sites ,section #ahcd7m77#d77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d77;,c77 is amended-- 7#a7 in clause 7i71 by striking ,the term and inserting ,subject to clause 7iii71 the term2 and 7#b7 by adding at the end the following new clause3 7iii7 ,stroke telehealth services ,the originating site requirements described in clauses 7i7 and 7ii7 shall not apply with respect to services related to the evaluation or management of an acute stroke for the purpose of determining optimal acute stroke therapy4 4 7b7 ,native ,american health service facilities ,section #ahcd7m77#d77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d77;,c771 as amended by subsection 7a71 is amended-- 7#a7 in clause 7i71 by striking clause 7iii7 and inserting clauses 7iii7 and 7iv72 and 7#b7 by adding at the end the following new clause3 7iv7 ,native ,american health service facilities ,the originating site requirements described in clauses 7i7 and 7ii7 shall not apply with respect to a facility of the ,indian ,health ,service1 whether operated by such ,service1 or by an ,indian tribe 7as that term is defined in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc77 or a tribal organization 7as that term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b771 or a facility of the ,native ,hawaiian health care systems authorized under the ,native ,hawaiian ,health ,care ,improvement ,act 7#db ,u4,s4,c4 #aagja et seq474 4 7c7 ,no originating site facility fee for new sites ,section #ahcd7m77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#b77;,b77 is amended1 in the matter preceding clause 7i71 by inserting 7other than an originating site that is only described in clause 7iii7 or 7iv7 of paragraph 7#d77;,c71 and does not meet the requirement for an originating site under clause 7i7 of such paragraph7 after the originating site4 7d7 ,effective date ,the amendments made by this section shall apply to services furnished on or after ,january #a1 #bjag4 #cjd4 ,rural health clinics and ,federally qualified health centers authorized to be distant sites 7a7 ,in general ,section #ahcd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77 is amended-- 7#a7 in the first sentence of paragraph 7#a7-- 7,a7 by striking or a practitioner 7described in section #ahdb7;b77#ah77;,c77 and inserting 1 a practitioner 7described in section #ahdb7;b77#ah77;,c771 a ,federally qualified health center1 or a rural health clinic2 and 7,b7 by striking or practitioner and inserting 1 practitioner1 ,federally qualified health center1 or rural health clinic2 7#b7 in paragraph 7#b77;,a7-- 7,a7 by inserting the following after eligible telehealth individual3 or to a ,federally qualified health center or rural health clinic that serves as a distant site and whose clinician furnishes a telehealth service to an eligible telehealth individual2 and 7,b7 by striking such physician or practitioner and inserting such physician1 practitioner1 ,federally qualified health center1 or rural health clinic2 and 7#c7 in paragraph 7#d77;,a71 by inserting the following before the period at the end3 and includes a ,federally qualified health center or rural health clinic whose clinician furnishes a telehealth service to an eligible individual4 7b7 ,effective date ,the amendments made by this section shall apply to services furnished on or after ,january #a1 #bjag4 #cje4 ,addressing gaps in quality measures for telehealth and remote patient monitoring services ,section #ahdh7s77#a77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7s77#a77;,c77 is amended-- 7#a7 by redesignating clauses 7i7 through 7iv7 as subclauses 7,i7 through 7,,iv71 respectively1 and indenting appropriately2 7#b7 by striking ,consideration4--,in developing and inserting 8,consideration4-- 7i7 ,in general ,subject to clause 7ii71 in developing 2 and 7#c7 by adding at the end the following new clause3 7ii7 ,addressing gaps in measures for telehealth and remote patient monitoring services ,consistent with this subsection1 the ,secretary shall ensure that the plan identifying measure development priorities and timelines developed under this subsection addresses relevant gaps in measures with respect to telehealth services1 remote patient monitoring services1 and the use of such services to address health disparities 7as described in section #ahij7;b77#a77;,b77ii77 that are not otherwise addressed through existing quality measures4 4 ,,iv ,use of telehealth and remote patient monitoring services to provide basic benefits under ,medicare part ,c #dja4 ,use of telehealth and remote patient monitoring services to provide basic benefits under ,medicare part ,c 7a7 ,in general ,section #aheb of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bb7 is amended-- 7#a7 in subsection 7a77#a77;,b77i71 by striking part1 the term and inserting part1 subject to subsection 7m71 the term2 and 7#b7 by adding at the end the following new subsection3 7m7 ,use of telehealth and remote patient monitoring services ,to provide basic benefits ,for plan year #bjag and subsequent plan years1 the following shall apply3 7#a7 ,in general ,an ,,ma plan may elect to use telehealth or remote patient monitoring services to provide benefits under the original medicare fee-for-service program option1 including items or services furnished to treat medical or behavioral health conditions4 7#b7 ,waiver of limitations ,notwithstanding any other provision of law1 in the case where an ,,ma plan elects to use telehealth or remote patient monitoring services to provide such benefits1 with respect to enrollees1 such services may be furnished without application of any provision under section #ahcd7m7 or any other provision of this ,act that applies a limitation on what qualifies as an originating site1 any geographic limitation 7subject to ,state licensing requirements71 any limitation on the use of store-and-forward technologies1 or any limitation on the type of health care provider who may furnish such services 7provided the provider is a ,medicare enrolled provider74 7#c7 ,treatment as basic benefits ,in the case where an ,,ma plan makes such election under paragraph 7#a71 the use of such telehealth or remote patient monitoring services shall be considered part of the provision of benefits under the original medicare fee-for-service program option for purpose of this part4 7#d7 ,availability of benefits in person ,in the case where an ,,ma plan makes such election under paragraph 7#a71 any benefits provided using such telehealth services shall continue to be made available in person to enrollees under the plan4 7#e7 ,provision of data ,an ,,ma plan that makes such an election under paragraph 7#a7 with respect to a plan year shall provide to the ,secretary 7at such time and in such manner as the ,secretary may specify7 data on expenditures and utilization for telehealth or remote patient monitoring services under the plan for enrollees during that plan year4 4 7b7 ,clarification regarding inclusion in bid amount ,section #ahed7;a77#f77;,a77ii77,i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bd7;a77#f77;,a77ii77,i77 is amended by inserting 1 including1 for plan year #bjag and subsequent plan years1 the use of telehealth or remote patient monitoring services to provide such benefits as described in section #aheb7m7 before the semicolon at the end4 7c7 ,rule of construction ,nothing in this section shall be construed as affecting the furnishing of items or services under the original ,medicare fee-for-service program4 ,v ,clarification regarding telehealth and remote patient monitoring technologies provided to beneficiaries #eja4 ,clarification regarding telehealth and remote patient monitoring technologies provided to beneficiaries ,section #aabh;,a7i77#f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;a7i77#f77 is amended-- 7#a7 in subparagraph 7,h71 by striking 2 or and inserting a semicolon2 7#b7 in subparagraph 7,i71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new subparagraph3 7,j7 the provision of telehealth or remote patient monitoring technologies to individuals under title ,,xviii by a health care provider for the purpose of furnishing telehealth or remote patient monitoring services4 4