Sec. 303. Authority to extend Medicare telehealth waivers
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Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by adding at the end the following new paragraph: Notwithstanding the preceding provisions of this subsection and section 1135, subject to subparagraph (B), if the emergency period under section 1135(g)(1)(B) expires prior to December 31, 2021, the authority provided the Secretary under section 1135(b)(8) to waive or modify requirements with respect to a telehealth service, and modifications of policies with respect to telehealth services made by interim final rule applicable to such period, shall be extended through December 31, 2021. Nothing in subparagraph
(A)shall require the Secretary to extend any specific waiver or modification or modifications of policies that the Secretary does not find appropriate for extension. Notwithstanding any provision of law, the provisions of this paragraph may be implemented by interim final rule, program instructions or otherwise. . The Medicare Payment Advisory Commission (in this subsection referred to as the Commission ) shall conduct an evaluation of— the expansions of telehealth services under part B of title XVII of the Social Security Act related to the COVID-19 public health emergency described in section 1135(g)(1)(B) of such Act ( 42 U.S.C. 1320b–5(g)(1)(B) ); and the appropriate treatment of such expansions after the expiration of such public health emergency. The evaluation under subparagraph
(A)shall include an analysis of each the following: Which, if any, of such expansions should be continued after the expiration of the such public health emergency, Whether any such continued expansions should be limited to, or differentially applied to, clinicians participating in certain value-based payment models. How Medicare should pay for telehealth services after the expiration of such public health emergency, and the implications of payment approaches on aggregate Medicare program spending, Medicare program integrity and beneficiary safeguards that may be warranted with the coverage of telehealth services. The implications of expanded Medicare coverage of telehealth services for beneficiary access to care and the quality of care provided via telehealth. Other areas determined appropriate by the Commission. Not later than June 15, 2021, the Commission shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Commission determines appropriate. Not later than 3 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall make available on the internet website of the Centers for Medicare & Medicaid Services information describing the requirements applicable to telehealth services and other virtual services under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.) and the Medicare Advantage program under part C of such title prior to the waiver or modification of such requirements during the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ), as established by statute, regulation, and sub-regulatory guidance under such title. The Secretary shall conduct a study on the impact of telehealth and other virtual services furnished under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.) during the emergency period described in section 1135(g)(1)(B) of such Act ( 42 U.S.C. 1320b–5(g)(1)(B) ). In conducting such study, the Secretary shall— assess the impact of such services on access to care, health outcomes, and spending by type of physician, practitioner, or other entity, and by patient demographics and other characteristics that include— age, gender, race, and type of eligibility for the Medicare program; dual eligibility for both the Medicare program and the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq.); residing in an area of low-population density or a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act ( 42 U.S.C. 254e(a)(1)(A) )); diagnoses, such as a diagnosis of COVID–19, a chronic condition, or a mental health disorder or substance use disorder; telecommunication modality used, including extent to which the services are furnished using audio-only technology; residing in a State other than the State in which the furnishing physician, practitioner, or other entity is located; and other characteristics and information determined appropriate by the Secretary; and to the extent feasible, assess such impact based on— the type of technology used to furnish the service; the extent to which patient privacy is protected; the extent to which documented or suspected fraud or abuse occurred; and patient satisfaction. The Secretary may use reliable non-governmental sources of information in assessing the impact of characteristics described in subparagraph
(A)under the study. The Secretary shall, as determined appropriate, periodically during such emergency period, post on the internet website of the Centers for Medicare & Medicaid services data on utilization of telehealth and other virtual services under the Medicare program and the impact of characteristics described in subparagraph
(A)on such utilization. Not later than 15 months after date of enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subparagraph (A), together with recommendations for such legislation and administrative action as the Secretary determines appropriate.
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- 42 USC 1320b–5(g)(1)(B)
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Sec. 303
Authority to extend Medicare telehealth waivers
Cite42 USC 1320b–5(g)(1)(B)
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