,i #aaeth ,,congress #ast ,session ,h4 ,r4 #beej ,,in ,,the ,,house ,,of ,,representatives ,may #ai1 #bjag,mr4 ,thompson of ,california 7for himself1 ,mrs4 ,black1 ,mr4 ,welch1 and ,mr4 ,harper7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title ,,xviii of the ,social ,security ,act to provide for an incremental expansion of telehealth coverage under the ,medicare program4 #a4 ,short title ,this ,act may be cited as the ,medicare ,telehealth ,parity ,act of #bjag4 #b4 ,phased-in expansion of telehealth coverage under ,medicare 7a7 ,initial phase 7#a7 ,expansion of originating 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 ,additional sites ,the term originating site shall also include the following sites at which the eligible telehealth individual is located at the time the service is furnished via a telecommunications system1 whether or not they are located in an area described in clause 7i71 insofar as such sites are not otherwise included in the definition of originating site under such clause3 7,i7 ,in the case of such a service furnished on or after the date that is #f months after the date of the enactment of the ,medicare ,telehealth ,parity ,act of #bjag1 any ,federally qualified health center and any rural health clinic 7as such terms are defined in section #ahfa7;aa774 7,,ii7 ,in the case of such a service furnished on or after the date that is #f months after the date of the enactment of the ,medicare ,telehealth ,parity ,act of #bjag1 any site described in clause 7ii7 that is located in a county within a ,metropolitan ,statistical ,area with a population of fewer than #ej1jjj individuals1 according to the most recent decennial census4 4 7#b7 ,originating site fee not to apply to additional sites ,section #ahcd7m77#b77;,b7 of such ,act 7#db ,u4,s4,c4 #aciem7m77#d77;,c77 is amended by inserting after and below clause 7ii7 the following3 ,the facility fee under this subparagraph shall not apply to any site included as an originating site pursuant to clause 7iii7 of paragraph 7#d77;,c7 that would not otherwise be included as an originating site without application of such clause4 4 7#c7 ,additional telehealth providers ,section #ahcd7m7 of such ,act 7#db ,u4,s4,c4 #aciem7m77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking or a practitioner 7described in section #ahdb7;b77#ah77;,c77 and inserting or a professional described in paragraph 7#d77;,e772 and 7ii7 by striking individual physician or practitioner and inserting individual physician or professional2 and 7,b7 in paragraph 7#d71 by-- 7i7 striking subparagraph 7,e72 and 7ii7 inserting after subparagraph 7,d7 the following new subparagraph3 7,e7 ,professional described ,for purposes of paragraph 7#a71 a professional described in this subparagraph is-- 7i7 a practitioner described in section #ahdb7;b77#ah77;,c72 or 7ii7 with respect to services furnished on or after the date that is #f months after the date of the enactment of the ,medicare ,telehealth ,parity ,act of #bjag1 a certified diabetes educator or licensed-- 7,i7 respiratory therapist2 7,,ii7 audiologist2 7,,iii7 occupational therapist2 7,,iv7 physical therapist2 or 7,v7 speech language pathologist4 4 7#d7 ,additional covered telehealth services ,section #ahcd7m77#d77;,f77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d77;,f77i77 is amended by adding at the end the following new sentence3 ,such term shall include respiratory services1 audiology services 7as defined in section #ahfa7ll771 and outpatient therapy services1 including physical therapy1 occupational therapy1 and speech-language pathology services44 7#e7 ,expansion of telecommunications system ,the second sentence of section #ahcd7m77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#a77 is amended by striking in the case of any ,federal telemedicine demonstration program conducted in ,alaska or ,hawaii14 7#f7 ,rural health clinics and ,federally qualified health centers authorized to be distant sites ,section #ahcd7m77#d77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d77;,a77 is amended-- 7,a7 by striking site4--,the term and inserting site4-- 7i7 ,in general ,the term 2 and 7,b7 by adding at the end the following new clause3 7ii7 ,treatment of rural health clinics and ,federally qualified health centers ,a site described in clause 7i7 includes a rural health clinic 7as defined in section #ahfa7;aa77#b77 and a ,federally qualified health center 7as defined in section #ahfa7;aa77#d774 ,in any case in which such a clinic or center is treated as a distant site with respect to the provision of a telehealth service to an eligible telehealth individual for which payment is made under this subsection1 such service shall not be treated as a rural health clinic service or ,federally qualified health center service1 respectively1 and payment may not otherwise be made under this title with respect to such service provided to such individual4 4 7b7 ,second phase 7#a7 ,in general ,section #ahcd7m77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d77 is amended-- 7,a7 in clause 7iii7 of subparagraph 7,c71 as added by subsection 7a77#a71 by adding at the end the following new subclauses3 7,,iii7 ,in the case of such a service furnished on or after the date that is #b years after the date of the enactment of the ,medicare ,telehealth ,parity ,act of #bjag1 any site described in clause 7ii7 that is located in a county within a ,metropolitan ,statistical ,area with a population of at least #ej1jjj individuals but fewer than #ajj1jjj individuals1 according to the most recent decennial census4 7,,iv7 ,in the case of such a service furnished on or after the date that is #b years after the date of the enactment of the ,medicare ,telehealth ,parity ,act of #bjag1 a home telehealth site1 as defined in subparagraph 7,g74 7,v7 ,in the case of such a service that is related to the evaluation or treatment of an acute stroke and that is furnished on or after the date described in subclause 7,,iv7 during the evidence-based window of treatment1 any site at which the eligible telehealth individual is located at the time the service is furnished via a telecommunications system1 regardless of where the site is located4 2 and 7,b7 by adding at the end the following new subparagraph3 7,g7 ,home telehealth site 7i7 ,in general ,the term home telehealth site means1 with respect to a service described in clause 7ii7 furnished to an individual1 a place of residence used as the home of such individual4 7ii7 ,services described ,a service described in this clause is-- 7,i7 a telehealth service that is related to the provision of outpatient mental or behavioral health and shall include the use of video conferencing2 and 7,,ii7 a service described in subparagraph 7,f77iii7 that is treated as a telehealth service under such subparagraph4 4 7#b7 ,home telehealth services ,section #ahcd7m77#d77;,f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d77;,f77 is amended by adding at the end the following new clause3 7iii7 ,treatment of home telehealth services ,for purposes of subparagraph 7,g77ii77,,ii71 beginning #b years after the date of the enactment of the ,medicare ,telehealth ,parity ,act of #bjag1 services 7including the use of video conferencing7 furnished at an originating site that is a home telehealth site to an individual that is related to the provision of hospice care1 home dialysis1 or home health services shall be treated as a telehealth service under this subparagraph4 4 7c7 ,final phase 7#a7 ,further expansion of originating sites ,clause 7iii7 of section #ahcd7m77#d77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d771 as added by subsection 7a77#a7 and amended by subsection 7b77#a71 is further amended-- 7,a7 by redesignating subclause 7,v7 as subclause 7,,vi72 and 7,b7 by inserting after clause 7,,iv7 the following new subclause3 7,v7 ,in the case of such a service furnished on or after the date that is #d years after the date of the enactment of the ,medicare ,telehealth ,parity ,act of #bjag1 any site described in clause 7ii7 that is located in a county within a ,metropolitan ,statistical ,area with a population of at least #ajj1jjj individuals1 according to the most recent decennial census4 4 7#b7 ,payment methods for other patient sites ,section #ahcd7m77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#b77 is amended by adding at the end the following new subparagraph3 7,d7 ,payment methods for other patient sites ,with respect to services furnished on or after the date that is #d years after the date of the enactment of the ,medicare ,telehealth ,parity ,act of #bjag1 the ,secretary may develop and implement payment methods that would apply under this subsection in the case of an individual who would be an eligible telehealth individual except that the telehealth services are furnished at a site other than an originating site4 ,such methods shall be designed to take into account the costs related to the site involved and reduced costs for the distant site4 4 7d7 ,incremental coverage of remote patient monitoring services for certain chronic health conditions 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,,ff71 by striking and at the end2 7,b7 in subparagraph 7,,gg71 by inserting and at the end2 and 7,c7 by inserting after subparagraph 7,,gg7 the following new subparagraph3 7,,hh7 applicable remote patient monitoring services 7as defined in paragraph 7#a77;,a7 of subsection 7iii772 4 7#b7 ,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 chronic health conditions 7#a7 7,a7 ,the term applicable remote patient monitoring services means remote patient monitoring services 7as defined in subparagraph 7,b77 furnished to provide for the monitoring1 evaluation1 and management of an individual with a covered chronic condition 7as defined in paragraph 7#b771 insofar as such services are for the management of such chronic condition4 7,b7 ,the term remote patient monitoring services means services furnished through remote patient monitoring technology 7as defined in subparagraph 7,c774 7,c7 ,the term remote patient monitoring technology means a coordinated system that uses one or more home-based or mobile monitoring devices that automatically transmit vital sign data or information on activities of daily living and may include responses to assessment questions collected on the devices wirelessly or through a telecommunications connection to a server that complies with the ,federal regulations 7concerning the privacy 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 patient that includes the review and interpretation of that data by a health care professional4 7#b7 ,for purposes of paragraph 7#a71 the term covered chronic health condition means-- 7,a7 in the case of applicable remote patient monitoring services furnished on or after the date that is #f months after the date of the enactment of the ,medicare ,telehealth ,parity ,act of #bjag1 applicable conditions 7as defined in and applied under section #ahhf7q77#e771 relating to heart failure and chronic obstructive pulmonary disease and related chronic comorbidities when under chronic care management 7identified as of ,july #a1 #bjae1 by ,,hcpcs code #iidij 7and as subsequently modified by the ,secretary772 7,b7 in the case of applicable remote patient monitoring services furnished on or after the date that is #b years after the date of the enactment of the ,medicare ,telehealth ,parity ,act of #bjag1 in addition to the conditions described in subparagraph 7,a71 diabetes and related chronic comorbidities when under chronic care management 7identified as of ,july #a1 #bjae1 by ,,hcpcs code #iidij 7and as subsequently modified by the ,secretary772 and 7,c7 in the case of applicable remote patient monitoring services furnished on or after the date that is #d years after the date of the enactment of the ,medicare ,telehealth ,parity ,act of #bjag1 in addition to the conditions described in subparagraph 7,a7 and 7,b71 such other conditions that could be specified by the ,secretary that qualify for chronic care management and related chronic comorbidities when under chronic care management 7identified as of ,july #a1 #bjae1 by ,,hcpcs code #iidij 7and as subsequently modified by the ,secretary774 7#c7 7,a7 ,payment may be made under this part for applicable remote patient monitoring services provided to an individual during a period of up to #ij days 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 individual1 may be renewed by the physician who provides chronic care management to such individual if the individual continues to qualify for such management4 4 7#c7 ,payment under the physician fee schedule ,section #ahdh of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7 is amended-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#b77;,b7-- 7,i7 in clause 7ii77,,ii71 by striking and 7v7 and inserting 7v71 and 7vii72 and 7,,ii7 by adding at the end the following new clause3 7vii7 ,budgetary treatment of certain services ,the additional expenditures attributable to services described in section #ahfa7s77#b77;,,gg7 shall not be taken into account in applying clause 7ii77,,ii74 2 and 7ii7 by adding at the end the following new paragraph3 7#g7 ,treatment of applicable remote patient monitoring services 7,a7 ,in determining relative value units for applicable remote patient monitoring services 7as defined in section #ahfa7;iii77#a77;,a771 the ,secretary1 in consultation with appropriate physician groups1 practitioner groups1 and supplier groups1 shall take into consideration-- 7i7 physician or practitioner resources1 including physician or practitioner time and the level of intensity of services provided1 based on-- 7,i7 the frequency of evaluation necessary to manage the individual being furnished the services2 7,,ii7 the complexity of the evaluation1 including the information that must be obtained1 reviewed1 and analyzed2 and 7,,iii7 the number of possible diagnoses and the number of management options that must be considered2 7ii7 practice expense costs associated with such services1 including the direct costs associated with installation and information transmission1 costs of remote patient monitoring technology 7including equipment and software71 device delivery costs1 and resource costs necessary for patient monitoring and follow-up 7but not including costs of any related item or non-physician service otherwise reimbursed under this title72 and 7iii7 malpractice expense resources4 7,b7 ,using the relative value units determined in subparagraph 7,a71 the ,secretary shall provide for separate payment for such services and shall not adjust the relative value units assigned to other services that might otherwise have been determined to include such separately paid remote patient monitoring services4 2 and 7,b7 in subsection 7j77#c71 by inserting 7#b77;,,hh71 after health risk assessment714 7#d7 ,effective date 7,a7 ,in general ,the amendments made by this subsection shall apply to services furnished on or after the date that is #f months after the date of the enactment of this ,act1 without regard to whether the guidelines under paragraph 7#c77;,a7 or the standards under paragraph 7#c77;,b7 of section #ahfa7;iii7 of the ,social ,security ,act1 as added by paragraph 7#b71 have been developed4 7,b7 ,availability of codes as of date of enactment ,the ,secretary of ,health and ,human ,services shall-- 7i7 promptly evaluate existing codes that would be used to bill for applicable remote patient monitoring services 7as defined in paragraph 7#a77;,a7 of such section #ahfa7;iii71 as so added7 under title ,,xviii of the ,social ,security ,act2 and 7ii7 if the ,secretary determines that new codes are necessary to ensure accurate reporting and billing of such services under such title1 issue such codes so that they are available for use as of the date of the enactment of this ,act4 7e7 ,home dialysis service 7#a7 ,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 the following shall apply3 7i7 ,the monthly fee or other basis of payment described in such subparagraph shall allow for a patient-specific waiver process to allow a physician1 clinical nurse specialist1 nurse practitioner1 or physician's assistant to request a waiver under this title of face-to-face visit requirements for home dialysis furnished to individuals determined to have end stage renal disease4 7ii7 ,any request under clause 7i7 shall include documentation by the physician or practitioner involved that supports active and adequate care of such individual receiving home dialysis4 7iii7 ,any patient-specific waiver under clause 7i7 that is granted shall remain effective until such date that the ,secretary1 including through contractor under this title1 requests that additional information or a new waiver application be filed4 7iv7 ,all individuals determined to have end stage renal disease receiving home dialysis shall receive a face-to-face examination at least once every three consecutive months and1 in the intervening months1 shall receive a monthly clinical assessment which may be furnished1 if the patient so chooses1 via remote monitoring by a physician1 clinical nurse specialist1 nurse practitioner1 or physician's assistant4 4 7#b7 ,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 7#c7 ,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 #bjah4 7f7 ,appropriate valuation of remote diagnostic test services ,section #ahdh7;c77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7;c77#b77 is amended by adding at the end the following new subparagraph3 7,p7 ,adjustments for remote diagnostic tests ,in determining practice expense relative value units for diagnostic tests described in section #ahfa7s77#c7 that are provided remotely1 the ,secretary shall1 in consultation with suppliers of remote diagnostic testing services1 include in direct costs of supplies and equipment1 the costs of the diagnostic device1 clinical systems 7including hardware and software71 information transmission1 and device delivery and installation4 ,for purposes of this subsection1 diagnostic tests described in section #ahfa7s77#c7 that are provided remotely are such tests that are provided through the utilization of a system of technology that allows a remote interface to collect and transmit clinical data between the individual and a supplier4 ,this subsection shall be implemented in a budget neutral manner4 4 7g7 ,study and report2 ,sense of ,congress 7#a7 ,study and report 7,a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study that includes1 at a minimum1 the following3 7i7 ,the effectiveness of using telehealth services described in the second sentence of section #ahcd7m77#d77;,f77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d77;,f77i771 as added by subsection 7a77#d71 between practitioners described in subparagraph 7,e77ii7 of section #ahcd7m77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d771 as inserted by subsection 7a77#c77;,b77ii71 and patients1 including with respect to patient satisfaction1 provider responsiveness to patient needs and concerns1 and the extent to which such telehealth services are at least comparable to face-to-face encounters4 7ii7 ,the savings to the ,medicare program under title ,,xviii of such ,act associated with telehealth services utilization for therapy for the additional telehealth services described in such sentence4 7iii7 ,the potential for greater use of telehealth services for forms of additional telehealth services not described in such sentence4 7,b7 ,report ,not later than two years after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on the findings of the study conducted under subparagraph 7,a74 7#b7 ,sense of ,congress ,it is the sense of ,congress that the telehealth expansion efforts initiated by the studies and reports on the use of telehealth and remote patient monitoring services under the ,medicare ,access and ,,chip ,reauthorization ,act of #bjae are continued and furthered through the incremental expansion of telehealth and remote patient monitoring services under this ,act4