,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hfdb ,,in ,,the ,,house ,,of ,,representatives ,october #bj1 #bjbj,mr4 ,schweikert 7for himself1 ,mr4 ,rush1 and ,mr4 ,kelly of ,pennsylvania7 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 to provide coverage and payment for certain tests and assistive telehealth consultations during the ,,covid-#ai emergency period1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safe ,testing at ,residence ,telehealth ,act of #bjbj4 #b4 ,coverage and payment for certain tests and assistive telehealth consultations during the ,,covid-#ai emergency period 7a7 ,coverage and payment rule 7#a7 ,in general ,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 ,coverage and payment for certain tests and assistive telehealth consultations during ,,covid-#ai emergency period 7,a7 ,in general ,during the emergency period described in section #aace7;g77#a77;,b71 the ,secretary shall pay for a test described in subparagraph 7,c7 that is ordered and an assistive telehealth consultation that is furnished via a telecommunications system by a physician or practitioner to an eligible telehealth individual enrolled under this part notwithstanding that the individual physician or practitioner ordering the test did not furnish the test or that the individual physician or practitioner providing the assistive telehealth consultation is not at the same location as the beneficiary4 7,b7 ,payment amount ,during the emergency period described in section #aace7;g77#a77;,b71 the ,secretary shall pay to a physician or practitioner located at a distant site that-- 7i7 orders a test described in subparagraph 7,c7 to an eligible telehealth individual an amount equal to the amount that such physician or practitioner would have been paid for a diagnostic laboratory test under section #ahcc7;h72 and 7ii7 furnishes an assistive telehealth consultation to an eligible telehealth individual an amount equal to the amount that a physician or practitioner would have been paid for such telehealth service under paragraph 7#b74 7,c7 ,tests described ,for purposes of subparagraphs 7,a7 and 7,b71 a test described in this subparagraph is a medical device 7as defined in section #bja7;h7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act7 or is a test approved under an emergency use authorization under section #efd of such ,act and is either-- 7i7 a diagnostic laboratory test for the diagnosis of influenza or a similar respiratory condition that is required to obtain a final diagnosis of ,,covid-#ai for an individual when such test is ordered by a physician or practitioner in conjunction with a ,,covid-#ai diagnostic laboratory test for purposes of discounting a diagnosis of influenza or a related diagnosis for such individual2 or 7ii7 a serology test for ,,covid-#ai4 7,d7 ,other matters relating to documentation and claims review ,the requirements of paragraphs 7#b7 and 7#c7 of section #daj4cb7;d7 of title #db1 ,code of ,federal ,regulations 7as in effect on the date of the enactment of this paragraph71 relating to documentation and claims review1 respectively1 shall apply to a test described in subparagraph 7,c7 and an assistive telehealth consultation4 7,e7 ,demographic data ,to be eligible for reimbursement under this paragraph1 each claim for reimbursement shall include1 with respect to such an eligible telehealth individual1 the following demographic data3 7i7 ,age4 7ii7 ,race and ethnicity4 7iii7 ,gender4 7iv7 ,an affirmative or negative statement of the existence of any chronic condition4 7v7 ,any other information the ,secretary determines appropriate4 7,f7 ,assistive telehealth consultation ,in this paragraph1 the term assistive telehealth consultation means a telehealth service 7as defined in paragraph 7#d77;,f77 that is-- 7i7 an evaluation and management service2 7ii7 an assessment of any evidence of systems which would make a diagnostic laboratory test necessary to be furnished in the home of an eligible telehealth individual2 7iii7 the ordering of a diagnostic laboratory test2 7iv7 an assessment of an individual succeeding the delivery of a diagnostic laboratory test2 7v7 any assistance in the collection of a sample necessary for a diagnostic laboratory test and securing the sample for shipping2 7vi7 the referral of an eligible telehealth individual to a physician or practitioner for in-person treatment2 or 7vii7 the review of a diagnostic laboratory test by a physician or practitioner4 4 7#b7 ,report 7,a7 ,in general ,during the period beginning #bj days after the date of the enactment of this ,act and ending on the last day of the emergency period1 each physician and practitioner1 who furnishes a test or an assistive telehealth consultation during such period1 shall1 on a monthly basis during such period1 submit to the ,administrator of the ,centers for ,medicare ,medicaid ,services and the appropriate ,state health agency demographic data specified under section #ahcd7m77#i77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#i77;,e77 with respect to individuals to whom such test or consultation was so furnished 7in accordance with the ,,hipaa privacy regulation74 7,b7 ,definitions ,in this paragraph3 7i7 ,assistive telehealth consultation ,the term assistive telehealth consultation has the meaning given such term in section #ahcd7m77#i77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#i77;,f774 7ii7 ,emergency period ,the term emergency period has the meaning as such term is described in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b774 7iii7 ,,hipaa privacy regulation ,the term ,,hipaa privacy regulation has the meaning given such term in section #aahj7;b77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d-#i7;b77#c774 7iv7 ,test ,the term test has the meaning as such term is described in section #ahcd7m77#i77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#i77;,c774 7b7 ,no payment for certain in-,person test after telehealth test during the ,,covid-#ai emergency period 7#a7 ,in general ,section #ahcc7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7h77 is amended-- 7,a7 in paragraph 7#a77;,a71 by striking ,subject to section #ahcd7;d77#a7 and inserting ,subject to section #ahcd7;a77#a7 and paragraph 7#aj72 and 7,b7 by adding at the end the following new paragraph3 7#aj7 ,during the emergency period described in section #aace7;g77#a77;,b71 the ,secretary may not make payment for a test described in section #ahcd7m77#i77;,c7 that is furnished in-person by a physician or practitioner to an individual if a physician or practitioner has previously ordered such a test via a telecommunications system pursuant to section #ahcd7m77#i77;,a71 unless the physician or practitioner determines such a test is medically necessary and appropriate 7as determined by the ,secretary74 4 7#b7 ,report ,not later than #a year after the termination of the emergency period described in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b771 the ,inspector ,general of the ,department of ,health and ,human ,services shall review claims for payment for tests described in section #ahcd7m77#i77;,c7 of such ,act 7#db ,u4,s4,c4 #aciem7m77#i77;,c77 furnished during such emergency period and submit to ,congress a report on any instances of waste1 fraud1 or abuse identified through such review4 7c7 ,conforming amendments ,section #ahcd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d77;,c77ii77,x771 as amended by subsection 7a71 is further amended-- 7#a7 in paragraph 7#a71 by striking ,subject to paragraph 7#h7 and inserting ,subject to paragraphs 7#h7 and 7#i72 7#b7 in paragraph 7#b71 by striking ,subject to paragraph 7#h7 and inserting ,subject to paragraphs 7#h7 and 7#i72 and 7#c7 in paragraph 7#d77;,c77ii77,x71 by striking telehealth services described in paragraph 7#g7 and inserting telehealth services described in paragraph 7#g7 or 7#i74