Section 1 Short title
This Act may be cited as the “Helping Every American Link To Healthcare Act of 2021” or the “HEALTH Act of 2021”.
Helping Every American Link To Healthcare Act of 2021
A BILL
To direct the Secretary of Health and Human Services to revise HIPAA regulations to ensure patient access to telehealth services.
Sec. 2 Revision of HIPAA regulations to ensure patient access to telehealth services
In general— The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall revise the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d–9(b)(3))) to ensure that, with respect to services furnished by a health care provider via telehealth during the 7-year period beginning on the last day of the emergency period described in section 1135(g)(1)(B) of such Act (42 U.S.C. 1320b–5(g)(1)(B)), such provider may so furnish such services using any non-public facing audio or video communication product (as such term is used for purposes of the notice entitled “Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency” as published by the Office of Civil Rights of the Department of Health and Human Services).
Extension of policy— The Secretary may extend the 7-year period described in subsection (a) for such duration as determined appropriate by the Secretary if the Secretary finds, after a review of telehealth services furnished during such period, that such extension is appropriate.