,i #aaith ,,congress #ast ,session ,h4 ,r4 #bbfc ,,in ,,the ,,house ,,of ,,representatives ,march #ba1 #bjbe,mr4 ,khanna 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 make permanent certain telehealth flexibilities under the ,medicare program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,telehealth ,coverage ,act of #bjbe4 #b4 ,making permanent certain telehealth flexibilities under ,medicare 7a7 ,expanded access to telehealth services ,section #ahcd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77 is amended-- 7#a7 in paragraph 7#b77;,b77iii71 by striking ,in the case that and all that follows through ending ,march #ca1 #bjbe1 and inserting ,with respect to telehealth services that are furnished on or after the first day of the emergency period described in section #aace7;g77#a77;,b712 and 7#b7 in paragraph 7#d77;,c77iii71 by striking ,in the case that and all that follows through ending on ,march #ca1 #bjbe1 and inserting ,with respect to telehealth services that are furnished on or after the first day of the emergency period described in section #aace7;g77#a77;,b714 7b7 ,expansion of practitioners eligible ,to furnish telehealth services ,section #ahcd7m77#d77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d77;,e77 is amended by striking in the case that and all that follows through ending on ,march #ca1 #bjbe1 and inserting beginning on the first day of the emergency period described in section #aace7;g77#a77;,b714 7c7 ,extension of telehealth services furnished by ,federally qualified health centers and rural health clinics ,section #ahcd7m77#h77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#h77;,a77 is amended by striking ,during the emergency and all that follows through ending on ,march #ca1 #bjbe and inserting ,beginning on the first day of the emergency period described in section #aace7;g77#a77;,b74 7d7 ,treatment of telehealth services furnished using audio-,only telecommunications technology ,section #ahcd7m77#i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#i77 is amended-- 7#a7 by striking ,in the case that and all that follows through the ,secretary shall continue to and inserting ,the ,secretary shall2 7#b7 by striking identified in paragraph 7#d77;,f77i7 as of the date of the enactment of this paragraph2 and 7#c7 by striking during the period and all that follows through the period at the end and inserting on or after the first day of the emergency period described in section #aace7;g77#a77;,b744 7e7 ,elimination of in-,person requirements under ,medicare for certain services furnished through telehealth 7#a7 ,home dialysis monthly ,,esrd-related visit2 stroke telehealth services2 substance use disorder services and mental health services 7,a7 ,in general ,section #ahcd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77 is amended by striking paragraphs 7#e7 through 7#g7 and redesignating paragraphs 7#h7 and 7#i7 as paragraphs 7#e7 and 7#f71 accordingly4 7,b7 ,conforming changes ,section #ahcd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77 is amended-- 7i7 in paragraph 7#a71 by striking ,subject to paragraphs 7#h7 and 7#i7 and inserting ,subject to paragraphs 7#e7 and 7#f72 7ii7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by striking ,subject to paragraph 7#h7 and inserting ,subject to paragraph 7#e72 and 7,,ii7 in subparagraph 7,b71 by striking and paragraph 7#f77;,c72 and 7iii7 in paragraph 7#d7-- 7,i7 in subparagraph 7,a71 by striking ,subject to paragraph 7#h7 and inserting ,subject to paragraph 7#e72 7,,ii7 in subparagraph 7,c7-- 7aa7 in clause 7i71 by striking and paragraphs 7#e71 7#f71 and 7#g72 and 7bb7 in clause 7ii77,x71 by striking or telehealth services described in paragraph 7#g72 and 7,,iii7 in subparagraph 7,f71 by striking ,subject to paragraph 7#h7 and inserting ,subject to paragraph 7#e74 7#b7 ,mental health visits furnished by ,federally qualified health centers ,section #ahcd7o77#d77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7o77#d77;,b77 is amended by striking prior to ,april #a1 #bjbe4 7#c7 ,mental health visits furnished by rural health clinics ,section #ahcd7y77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7y77#b77 is amended by striking prior to ,april #a1 #bjbe4 7f7 ,use of telehealth ,to conduct face-to-face encounter prior to recertification of eligibility for hospice care ,section #ahad7;a77#g77;,d77i77,,ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;f7a77#g77;,d77i77,,ii77 is amended-- 7#a7 by striking during the emergency period and all that follows through and ending on ,march #ca1 #bjbe and inserting beginning on the first day of the emergency period described in section #aace7;g77#a77;,b72 and 7#b7 by inserting 1 except that this subclause shall not apply in the case of such an encounter with an individual occurring on or after ,march #ca1 #bjbe1 if such individual is located in an area that is subject to a moratorium on the enrollment of hospice programs under this title pursuant to section #ahff7;j77#g71 if such individual is receiving hospice care from a provider that is subject to enhanced oversight under this title pursuant to section #ahff7;j77#c71 or if such encounter is performed by a hospice physician or nurse practitioner who is not enrolled under section #ahff7;j7 and is not an opt-out physician or practitioner 7as defined in section #ahjb7;b77#f77;,d77 before the semicolon4 7g7 ,requiring modifiers for telehealth services in certain instances ,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#aj7 ,required use of modifiers in certain instances ,not later than ,january #a1 #bjbf1 the ,secretary shall establish requirements to include #a or more codes or modifiers1 as determined appropriate by the ,secretary1 in the case of-- 7,a7 claims for telehealth services under this subsection that are furnished through a telehealth virtual platform-- 7i7 by a physician or practitioner that contracts with an entity that owns such virtual platform2 or 7ii7 for which a physician or practitioner has a payment arrangement with an entity for use of such virtual platform2 and 7,b7 claims for telehealth services under this subsection that are furnished incident to a physician's or practitioner's professional service4 4 7h7 ,program instruction authority ,the ,secretary of ,health and ,human ,services may implement the amendments made by this section through program instruction or otherwise4 #c4 ,requiring modifier for use of telehealth to conduct face-to-face encounter prior to recertification of eligibility for hospice care ,section #ahad7;a77#g77;,d77i77,,ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;f7a77#g77;,d77i77,,ii771 as amended by section #b7;f71 is further amended by inserting 1 but only if1 in the case of such an encounter occurring on or after ,january #a1 #bjbf1 any hospice claim includes #a or more modifiers or codes 7as specified by the ,secretary7 to indicate that such encounter was conducted via telehealth after as determined appropriate by the ,secretary4 #d4 ,extending acute hospital care at home waiver flexibilities ,section #ahff;,g7a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;cc-#g7;a77#a77 is amended by striking during the period and all that follows through ,march #ca1 #bjbe and inserting on or after the first day after the end of the emergency period described in section #aace7;g77#a77;,b74 #e4 ,guidance on furnishing services via telehealth to individuals with limited ,english proficiency 7a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,secretary of ,health and ,human ,services1 in consultation with #a or more entities from each of the categories described in paragraphs 7#a7 through 7#g7 of subsection 7b71 shall issue and disseminate1 or update and revise as applicable1 guidance for the entities described in such subsection on the following3 7#a7 ,best practices on facilitating and integrating use of interpreters during a telemedicine appointment4 7#b7 ,best practices on providing accessible instructions on how to access telecommunications systems 7as such term is used for purposes of section #ahcd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77 for individuals with limited ,english proficiency4 7#c7 ,best practices on improving access to digital patient portals for individuals with limited ,english proficiency4 7#d7 ,best practices on integrating the use of video platforms that enable multi-person video calls furnished via a telecommunications system for purposes of providing interpretation during a telemedicine appointment for an individual with limited ,english proficiency4 7#e7 ,best practices for providing patient materials1 communications1 and instructions in multiple languages1 including text message appointment reminders and prescription information4 7b7 ,entities described ,for purposes of subsection 7a71 an entity described in this subsection is an entity in #a or more of the following categories3 7#a7 ,health information technology service providers1 including-- 7,a7 electronic medical record companies2 7,b7 remote patient monitoring companies2 and 7,c7 telehealth or mobile health vendors and companies4 7#b7 ,health care providers1 including-- 7,a7 physicians2 and 7,b7 hospitals4 7#c7 ,health insurers4 7#d7 ,language service companies4 7#e7 ,interpreter or translator professional associations4 7#f7 ,health and language services quality certification organizations4 7#g7 ,patient and consumer advocates1 including such advocates that work with individuals with limited ,english proficiency4 #f4 ,in-home cardiopulmonary rehabilitation flexibilities 7a7 ,in general ,section #ahfa7;eee77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7eee77#b77 is amended-- 7#a7 in subparagraph 7,a77ii71 by inserting 7including1 with respect to items and services furnished through audio and video real-time communications technology 7excluding audio-only7 on or after ,march #ca1 #bjbe1 in the home of an individual who is an outpatient of the hospital7 after outpatient basis2 and 7#b7 in subparagraph 7,b71 by inserting 7including1 with respect to items and services furnished through audio and video real-time communications technology on or after ,march #ca1 #bjbe1 the virtual presence of such physician1 physician assistant1 nurse practitioner1 or clinical nurse specialist7 after under the program4 7b7 ,program instruction authority ,notwithstanding any other provision of law1 the ,secretary of ,health and ,human ,services may implement the amendments made by this section by program instruction or otherwise4 #g4 ,inclusion of virtual diabetes prevention program suppliers in ,,mdpp ,expanded ,model 7a7 ,in general ,not later than ,january #a1 #bjbf1 the ,secretary shall revise the regulations under parts #daj and #dbd of title #db1 ,code of ,federal ,regulations1 to provide that1 beginning ,january #a1 #bjbf-- 7#a7 an entity may participate in the ,,mdpp by offering only online ,,mdpp services via synchronous or asynchronous technology or telecommunications if such entity meets the conditions for enrollment as an ,,mdpp supplier 7as specified in section #dbd4bje7;b7 of title #db1 ,code of ,federal ,regulations 7or a successor regulation772 7#b7 if an entity participates in the ,,mdpp in the manner described in paragraph 7#a7-- 7,a7 the administrative location of such entity shall be the address of the entity on file under the ,diabetes ,prevention ,recognition ,program2 and 7,b7 in the case of online ,,mdpp services furnished by such entity to an ,,mdpp beneficiary who was not located in the same ,state as the entity at the time such services were furnished1 the entity shall not be prohibited from submitting a claim for payment for such services solely by reason of the location of such beneficiary at such time2 and 7#c7 no limit is applied on the number of times an individual may enroll in the ,,mdpp4 7b7 ,definitions ,in this section3 7#a7 ,,mdpp ,the term ,,mdpp means the ,medicare ,diabetes ,prevention ,program conducted under section #aaae;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acae;a71 as described in the final rule published in the ,federal ,register entitled ,medicare and ,medicaid ,programs2 ,,cy #bjbd ,payment ,policies ,under the ,physician ,fee ,schedule and ,other ,changes to ,part ,b ,payment and ,coverage ,policies2 ,medicare ,shared ,savings ,program ,requirements2 ,medicare ,advantage2 ,medicare and ,medicaid ,provider and ,supplier ,enrollment ,policies2 and ,basic ,health ,program 7#hh ,fed4 ,reg4 #ghhah 7,november #af1 #bjbc77 7or a successor regulation74 7#b7 ,regulatory terms ,the terms ,diabetes ,prevention ,recognition ,program1 full ,,cdc ,,dprp recognition1 ,,mdpp beneficiary1 ,,mdpp services1 and ,,mdpp supplier have the meanings given each such term in section #daj4gi7;b7 of title #db1 ,code of ,federal ,regulations4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 #h4 ,medication-induced movement disorder outreach and education ,not later than ,january #a1 #bjbf1 the ,secretary shall use existing communications mechanisms to provide education and outreach to physicians and appropriate non-physician practitioners participating under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 with respect to periodic screening for medication-induced movement disorders that are associated with the treatment of mental health disorders in at-risk patients1 as well as resources related to clinical guidelines and best practices for furnishing such screening services through telehealth4 ,such education and outreach shall include information on how to account for such screening services in evaluation and management code selection4 ,the ,secretary shall1 to the extent practicable1 seek input from relevant stakeholders to inform such education and outreach4 ,such education and outreach may also address other relevant screening services furnished through telehealth1 as the ,secretary determines appropriate4