Sec. 108. Telehealth plans
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/bill/116/s/4322/is/section-108·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq.) is amended— in section 2722(c) ( 42 U.S.C. 300gg–21(c) ), by adding at the end the following: The requirements of subparts I and II (except section 2704 (relating to the prohibition of preexisting condition exclusions or other discrimination based on health status), section 2705 (relating to prohibition of discrimination against individual participants and beneficiaries based on health status), section 2712 (relating to prohibition of rescissions); and section 2726 (relating to parity in mental health or substance use disorder benefits) and as provided by the Secretary in guidance) shall not apply to any group health plan (or group health insurance coverage) offered by a large employer in relation to its provision of excepted benefits described in section 2791(c)(5) if the benefits— are provided in accordance with guidance issued by the Secretary; and are made available only to employees (and dependents of such employees) who are not eligible for another group health plan or group health insurance coverage offered by the employer offering such benefits described in section 2791(c)(5).
This paragraph shall have no force or effect with respect to plan years beginning on or after the later of— January 1, 2022; or the date on which the public health emergency declared by the Secretary under section 319, on January 31, 2020, with respect to COVID–19 ends. ; and in section 2791(c) ( 42 U.S.C. 300gg–91(c) ), by adding at the end the following: Benefits for telehealth services and other remote care services only, as specified in the guidance entitled, FAQs about Families First Coronavirus Response Act and Coronavirus Aid, Relief, and Economic Security Act Implementation Part 43 , issued by the Secretary, the Secretary of Labor, and the Secretary of the Treasury on June 23, 2020 (or any successor guidance).
This paragraph shall have no force or effect with respect to plan years beginning on or after the later of— January 1, 2022; or the date on which the public health emergency declared by the Secretary under section 319, on January 31, 2020, with respect to COVID–19 ends. . Section 2722(c)(4) of the Public Health Service Act (as amended by subsection (a)) shall apply to group health plans and health insurance issuers providing health insurance coverage in connection with group health plans pursuant to part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq.), and pursuant to chapter 100 of subtitle K of the Internal Revenue Code of 1986, as though such section 2722(c)(4) were included in such part and such chapter, respectively.
The Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury may implement the provisions of this section, including the amendments made by this section, through sub-regulatory guidance, program instruction, or otherwise.
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- 42 USC 300gg–21(c)
- 42 USC 300gg–91(c)
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