Sec. 101. Expanding the use of telehealth through the waiver of requirements
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Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— in paragraph (4)(C)(i), by striking and
(7)and inserting (7), and
(9); and by adding at the end the following: Notwithstanding the preceding provisions of this subsection, in the case of telehealth services furnished on or after January 1, 2022, the Secretary may waive any requirement described in subparagraph
(B)that is applicable to payment for telehealth services under this subsection, but only if the Secretary determines that such waiver would not adversely impact quality of care. For purposes of this paragraph, requirements applicable to payment for telehealth services under this subsection are— requirements relating to qualifications for an originating site under paragraph (4)(C)(ii); any geographic requirement under paragraph (4)(C)(i) (other than applicable State law requirements, including State licensure requirements); any limitation on the type of technology used to furnish telehealth services; any limitation on the types of practitioners who are eligible to furnish telehealth services (other than the requirement that the practitioner is enrolled under this title); any limitation on specific services designated as telehealth services pursuant to this subsection (provided the Secretary determines that such services are clinically appropriate to furnish remotely); or any other limitation relating to the furnishing of telehealth services under this title identified by the Secretary. In implementing a waiver under this paragraph, the Secretary may establish parameters, as appropriate, for telehealth services under such waiver, including with respect to payment of a facility fee for originating sites and beneficiary and program integrity protections. The Secretary shall establish a process by which stakeholders may (on at least an annual basis) provide public comment on waivers under this paragraph. The Secretary shall periodically, but not more often than every 3 years, reassess each waiver under this paragraph to determine whether the waiver continues to meet the quality of care condition applicable under subparagraph (A). The Secretary shall terminate any waiver that does not continue to meet such condition. . Not later than 2 years after the date on which a waiver under section 1834(m)(9) of the Social Security Act, as added by subsection (a), first becomes effective, and at least every 2 years thereafter, the Secretary of Health and Human Services shall post on the internet website of the Centers for Medicare & Medicaid Services— the number of Medicare beneficiaries receiving telehealth services by reason of each waiver under such section; the impact of such waivers on expenditures and utilization under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.); and other outcomes, as determined appropriate by the Secretary.
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