,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #gfei  ,,in ,,the ,,house ,,of  
,,representatives  ,july #af1 #bjbj,ms4 
,sewell of ,alabama 7for herself1 ,mr4  
,bilirakis1 ,mr4 ,crdenas1 ,mrs4        
,walorski1 ,mr4 ,kind1 ,mr4 ,smith of   
,missouri1 ,mr4 ,brindisi1 and ,mr4     
,fitzpatrick7 introduced the following  
bill2 which was referred to the         
,committee on ,ways and ,means1 and in  
addition to the ,committee on ,energy   
and ,commerce1 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 require   
the inclusion of certain audio-only     
diagnoses in the determination of risk  
adjustment for ,medicare ,advantage     
plans1 and for other purposes4  #a4     
,short title ,this ,act may be cited as 
the ,ensuring ,parity in ,,ma for       
,audio-,only ,telehealth ,act of #bjbj4 

#b4 ,requiring the inclusion of certain 
audio-only diagnoses in the             
determination of risk adjustment for    
,medicare ,advantage plans ,section     
#ahec7;a77#a7 of the ,social ,security  
,act 7#db ,u4,s4,c4 #aciew-#bc7;a77#a77 
is amended by adding at the end the     
following new subparagraph3  7,j7       
,inclusion of certain audio-only        
diagnoses for purposes of risk          
adjustment  7i7 ,in general ,for        
purposes of determining the appropriate 
adjustment for health status under      
subparagraph 7,c77i7 for plan years     
#bjbj and #bjba 7and for such other plan
 years determined appropriate by the    
,secretary71 the ,secretary1 in         
determining the diseases or conditions  
of an individual1 shall take into       
account a qualified diagnosis 7as       
defined in clause 7ii77 made with       
respect to such individual by a         
qualified provider 7as so defined7 via  
telehealth regardless of whether such   
diagnosis so made included the use of   

video communications4  7ii7 ,definitions
 ,for purposes of this subparagraph3    
7,i7 ,qualified diagnosis ,the term     
qualified diagnosis means a diagnosis   
made with respect to a chronic disease  
or condition of an individual during a  
plan year if such diagnosis was also    
made with respect to such individual in 
one of the last of the #c plan years    
preceding such plan year4  7,,ii7       
,qualified provider ,the term qualified 
provider means1 with respect to a       
qualified diagnosis made with respect to
 an individual during a plan year1 a    
provider of services1 clinician or      
supplier that-- 7aa7 furnished an item  
or service to such individual during the
 #c-year period ending on the date such 
diagnosis was so made2 or  7bb7 is in   
the same practice 7as determined by tax 
identification number7 of a provider of 
services or supplier who furnished such 
an item or service to such individual   
during such period4  4  #c4 ,requiring  
parity in telehealth payments during the

 ,,covid-#ai emergency ,section #ahcd7m7
 of the ,social ,security ,act 7#db     
,u4,s4,c4 #aciem7m77 is amended by      
adding at the end the following new     
paragraph3  7#i7 ,special rule for      
telehealth payment parity during the    
,,covid-#ai emergency ,in the case of a 
telehealth service furnished during the 
emergency period described in section   
#aace7;g77#a77;,b7 for which payment may
 be made under this subsection          
7including any service for which payment
 may be so made due to application of a 
waiver made under section #aace7;b771   
the amount of such payment shall be     
equal to the amount that would have been
 paid for such service had such service 
been furnished in-person4  4