Section 1 Short title
This Act may be cited as the “Permanency for Audio-Only Telehealth Act”.
Permanency for Audio-Only Telehealth Act
A BILL
To amend title XVIII of the Social Security Act to expand accessibility to certain telehealth services under the Medicare program.
Sec. 2 Expanding accessibility to certain telehealth services under the Medicare program
Use of audio-Only telecommunications systems for certain services— Section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)) is amended by adding at the end the following new subparagraph:
“(G) Telecommunications system
“(i) In general—The term “telecommunications system” includes, in the case of a qualified provider (as defined in clause (ii)) furnishing a specified telehealth service (as defined in such clause) to an individual, a communications system consisting only of audio capabilities, but only if such individual elects to use such system in lieu of a communications system providing both audio and visual capabilities.
“(ii) Definitions—For purposes of clause (i):
“(I) Qualified provider—The term “qualified provider” means, with respect to a telehealth service furnished to an individual, a physician or practitioner who—
“(aa) furnished to such individual an item or service (other than such telehealth service) in-person, or through a communications system consisting of both audio and visual capabilities, during the 3-year period ending on the date such telehealth service was furnished; or
“(bb) is in the same practice (as determined by tax identification number) of a physician or practitioner described in item (aa).
“(II) Specified telehealth service—The term “specified telehealth service” means a telehealth service consisting of—
“(aa) evaluation and management services;
“(bb) mental and behavioral health services;
“(cc) substance use disorder services; or
“(dd) any other service specified by the Secretary.”
Nonapplication of originating site requirements with respect to telehealth services under Medicare program— Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)) is amended—
in clause (i), by inserting before “paragraphs (5), (6), and (7)” the following: “clause (iii) and”; and
by adding at the end the following new clause:
“(iii) Nonapplication of originating site requirements—Beginning on the first day of the emergency period described in section 1135(g)(1)(B), the term originating site means any site at which the eligible telehealth individual is located at the time the service is furnished via a telecommunications system.”
Effective date— The amendment made by subsection (a) shall apply with respect to telehealth services furnished after the last day of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).