[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1261 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1261

  To amend title XVIII of the Social Security Act to expand access to 
              telehealth services, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 2, 2025

 Mr. Schatz (for himself, Mr. Wicker, Mr. Warner, Mrs. Hyde-Smith, Mr. 
 Welch, Mr. Barrasso, Mr. Padilla, Mr. Thune, Ms. Smith, Mr. Lankford, 
    Ms. Cantwell, Mr. Tuberville, Mr. Hickenlooper, Mr. Cotton, Ms. 
 Klobuchar, Mr. Sullivan, Mr. Fetterman, Mrs. Capito, Mr. Merkley, Ms. 
 Lummis, Mr. Kaine, Mr. Cramer, Mrs. Shaheen, Mrs. Britt, Mr. Gallego, 
  Mr. Moran, Mr. Lujan, Mr. Cassidy, Mr. Blumenthal, Mr. Tillis, Mr. 
    King, Mr. Justice, Mr. Coons, Mr. Schmitt, Mr. Whitehouse, Ms. 
    Murkowski, Ms. Rosen, Mr. Hoeven, Mr. Booker, Mr. Grassley, Ms. 
   Duckworth, Mr. Rounds, Mr. Sanders, Mr. Marshall, Mr. Kelly, Mrs. 
  Fischer, Mrs. Gillibrand, Mr. Young, Mr. Heinrich, Ms. Collins, Mr. 
 Peters, Mr. Ricketts, Mr. Schiff, Mr. Mullin, Ms. Warren, Mr. Graham, 
 Mr. Van Hollen, Mr. Daines, Mr. Warnock, and Mr. Boozman) introduced 
the following bill; which was read twice and referred to the Committee 
                               on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend title XVIII of the Social Security Act to expand access to 
              telehealth services, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Creating 
Opportunities Now for Necessary and Effective Care Technologies 
(CONNECT) for Health Act of 2025'' or the ``CONNECT for Health Act of 
2025''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and sense of Congress.
           TITLE I--REMOVING BARRIERS TO TELEHEALTH COVERAGE

Sec. 101. Removing geographic requirements for telehealth services.
Sec. 102. Expanding originating sites.
Sec. 103. Expanding authority for practitioners eligible to furnish 
                            telehealth services.
Sec. 104. Federally qualified health centers and rural health clinics.
Sec. 105. Native American health facilities.
Sec. 106. Repeal of six-month in-person visit requirement for 
                            telemental health services.
Sec. 107. Waiver of telehealth requirements during public health 
                            emergencies.
Sec. 108. Use of telehealth in recertification for hospice care.
                      TITLE II--PROGRAM INTEGRITY

Sec. 201. Clarification for fraud and abuse laws regarding technologies 
                            provided to beneficiaries.
Sec. 202. Additional resources for telehealth oversight.
Sec. 203. Addressing significant outlier billing patterns for 
                            telehealth services.
TITLE III--BENEFICIARY AND PROVIDER SUPPORTS, QUALITY OF CARE, AND DATA

Sec. 301. Beneficiary engagement on telehealth.
Sec. 302. Provider supports on telehealth.
Sec. 303. Ensuring the inclusion of telehealth in measuring quality of 
                            care.
Sec. 304. Posting of information on telehealth services.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The use of technology in health care and coverage of 
        telehealth services are rapidly evolving.
            (2) Research has found that telehealth services can expand 
        access to care, improve the quality of care, and reduce 
        spending.
            (3) In 2023, 90 percent of patients receiving telehealth 
        services were satisfied with their experiences.
            (4) Health care workforce shortages are a significant 
        problem in many areas and for many types of health care 
        clinicians.
            (5) Telehealth increases access to care in areas with 
        workforce shortages and for individuals who live far away from 
        health care facilities, have limited mobility or 
        transportation, or have other barriers to accessing care.
            (6) The use of health technologies can strengthen the 
        expertise of the health care workforce, including by connecting 
        clinicians to specialty consultations.
            (7) Prior to the COVID-19 pandemic, the utilization of 
        telehealth services in the Medicare program under title XVIII 
        of the Social Security Act (42 U.S.C. 1395 et seq.) was low, 
        accounting for 0.1 percent of Medicare Part B visits in 2019.
            (8) Telehealth now represents a critical component of care 
        delivery. In 2023, 24 percent of Medicare fee-for-service 
        beneficiaries received a telehealth service.
            (9) Long-term certainty about coverage of telehealth 
        services under the Medicare program is necessary to fully 
        realize the benefits of telehealth.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) health care providers can furnish safe, effective, and 
        high-quality health care services through telehealth;
            (2) the Secretary of Health and Human Services should 
        promptly take all necessary measures to ensure that providers 
        and beneficiaries can continue to furnish and utilize, 
        respectively, telehealth services in the Medicare program, and 
        support recent modifications to the definition of ``interactive 
        telecommunications system'' in regulations and program 
        instruction under the Medicare program to ensure that providers 
        can utilize all appropriate means and types of technology, 
        including audio-visual, audio-only, and other types of 
        technologies, to furnish telehealth services; and
            (3) barriers to the use of telehealth should be removed.

           TITLE I--REMOVING BARRIERS TO TELEHEALTH COVERAGE

SEC. 101. REMOVING GEOGRAPHIC REQUIREMENTS FOR TELEHEALTH SERVICES.

    Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 
1395m(m)(4)(C)) is amended--
            (1) in clause (i), in the matter preceding subclause (I), 
        by striking ``clause (iii)'' and inserting ``clauses (iii) and 
        (iv)''; and
            (2) by adding at the end the following new clause:
                            ``(iv) Removal of geographic 
                        requirements.--The geographic requirements 
                        described in clause (i) shall not apply with 
                        respect to telehealth services furnished on or 
                        after October 1, 2025.''.

SEC. 102. EXPANDING ORIGINATING SITES.

    (a) In General.--Section 1834(m)(4)(C)(iii) of the Social Security 
Act (42 U.S.C. 1395m(m)(4)(C)(iii)) is amended by striking ``In the 
case that'' and all that follows through ``September 30, 2025,'' and 
inserting ``Beginning on the date of the enactment of the CONNECT for 
Health Act of 2025,''.
    (b) Conforming Amendments.--Section 1834(m) of the Social Security 
Act (42 U.S.C. 1395m(m)) is amended--
            (1) in paragraph (2)(B)(iii), by striking ``In the case 
        that'' and all that follows through ``September 30, 2025,'' and 
        inserting ``With respect to telehealth services furnished on or 
        after the date of the enactment of the CONNECT for Health Act 
        of 2025,''; and
            (2) in paragraph (4)(C)(ii)(X), by striking ``, but only 
        for purposes of section 1881(b)(3)(B) or telehealth services 
        described in paragraph (7)''.

SEC. 103. EXPANDING AUTHORITY FOR PRACTITIONERS ELIGIBLE TO FURNISH 
              TELEHEALTH SERVICES.

    Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C. 
1395m(m)(4)(E)) is amended--
            (1) by striking ``Practitioner.--The term'' and inserting 
        ``Practitioner.--
                            ``(i) In general.--Subject to clause (ii), 
                        the term''; and
            (2) by adding at the end the following new clause:
                            ``(ii) Expanding practitioners eligible to 
                        furnish telehealth services.--
                                    ``(I) In general.--Notwithstanding 
                                any other provision of this subsection, 
                                in the case of telehealth services 
                                furnished on or after October 1, 2025, 
                                the Secretary may waive any limitation 
                                on the types of practitioners who are 
                                eligible to furnish telehealth services 
                                if the Secretary determines that such 
                                waiver is clinically appropriate.
                                    ``(II) Implementation.--In 
                                implementing a waiver under this 
                                clause, the Secretary may establish 
                                requirements, as appropriate, for 
                                practitioners under such waiver, 
                                including with respect to beneficiary 
                                and program integrity protections.
                                    ``(III) Public comment.--The 
                                Secretary shall establish a process by 
                                which stakeholders may (on at least an 
                                annual basis) provide public comment on 
                                such waiver under this clause.
                                    ``(IV) Periodic review.--The 
                                Secretary shall periodically, but not 
                                more frequently than every 3 years, 
                                reassess the waiver under this clause 
                                to determine whether such waiver 
                                continues to be clinically appropriate. 
                                The Secretary shall terminate any 
                                waiver that the Secretary determines is 
                                no longer clinically appropriate.''.

SEC. 104. FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS.

    Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is 
amended--
            (1) in paragraph (4)(C)(i), in the matter preceding 
        subclause (I), by striking ``and (7)'' and inserting ``(7), and 
        (8)''; and
            (2) in paragraph (8)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``During'' and all that follows 
                        through ``September 30, 2025'' and inserting 
                        the following: ``Beginning on the first day of 
                        the emergency period described in section 
                        1135(g)(1)(B)'';
                            (ii) in clause (ii), by striking ``and'' at 
                        the end;
                            (iii) by redesignating clause (iii) as 
                        clause (iv); and
                            (iv) by inserting after clause (ii) the 
                        following new clause:
                            ``(iii) the geographic requirements 
                        described in paragraph (4)(C)(i) shall not 
                        apply with respect to such a telehealth 
                        service; and'';
                    (B) in subparagraph (B)--
                            (i) in the subparagraph heading, by 
                        inserting ``during initial period'' after 
                        ``rule'';
                            (ii) in the first sentence of clause (i) by 
                        striking ``during the periods for which 
                        subparagraph (A) applies'' and inserting 
                        ``during the period beginning on the first day 
                        of the emergency period and ending on September 
                        30, 2025''; and
                            (iii) in clause (ii), by striking ``Costs 
                        associated'' and inserting ``During the period 
                        for which clause (i) applies, costs 
                        associated'';
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) Payment after initial period.--
                            ``(i) In general.--A telehealth service 
                        furnished by a Federally qualified health 
                        center or a rural health clinic to an 
                        individual pursuant to this paragraph on or 
                        after October 1, 2025, shall be deemed to be so 
                        furnished to such individual as an outpatient 
                        of such clinic or facility (as applicable) for 
                        purposes of paragraph (1) or (3), respectively, 
                        of section 1861(aa) and payable as a Federally 
                        qualified health center service or rural health 
                        clinic service (as applicable) under the 
                        prospective payment system established under 
                        section 1834(o) or under section 1833(a)(3), 
                        respectively.
                            ``(ii) Treatment of costs for fqhc pps 
                        calculations and rhc air calculations.--Costs 
                        associated with the furnishing of telehealth 
                        services by a Federally qualified health center 
                        or rural health clinic serving as a distant 
                        site pursuant to this paragraph on or after 
                        October 1, 2025, shall be considered allowable 
                        costs for purposes of the prospective payment 
                        system established under section 1834(o) and 
                        any payment methodologies developed under 
                        section 1833(a)(3), as applicable.''.

SEC. 105. NATIVE AMERICAN HEALTH FACILITIES.

    (a) In General.--Section 1834(m)(4)(C) of the Social Security Act 
(42 U.S.C. 1395m(m)(4)(C)), as amended by section 101, is amended--
            (1) in clause (i), by striking ``and (iv)'' and inserting 
        ``, (iv), and (v)''; and
            (2) by adding at the end the following new clause:
                            ``(v) Native american health facilities.--
                        With respect to telehealth services furnished 
                        on or after January 1, 2026, the originating 
                        site requirements described in clauses (i) and 
                        (ii) shall not apply with respect to a facility 
                        of the Indian Health Service, whether operated 
                        by such Service, or by an Indian tribe (as that 
                        term is defined in section 4 of the Indian 
                        Health Care Improvement Act (25 U.S.C. 1603)) 
                        or a tribal organization (as that term is 
                        defined in section 4 of the Indian Self-
                        Determination and Education Assistance Act (25 
                        U.S.C. 5304)), or a facility of the Native 
                        Hawaiian health care systems authorized under 
                        the Native Hawaiian Health Care Improvement Act 
                        (42 U.S.C. 11701 et seq.).''.
    (b) No Originating Site Facility Fee for Certain Native American 
Facilities.--Section 1834(m)(2)(B)(i) of the Social Security Act (42 
U.S.C. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause 
(I), by inserting ``(other than an originating site that is only 
described in clause (v) of paragraph (4)(C), and does not meet the 
requirement for an originating site under clauses (i) and (ii) of such 
paragraph)'' after ``the originating site''.

SEC. 106. REPEAL OF SIX-MONTH IN-PERSON VISIT REQUIREMENT FOR 
              TELEMENTAL HEALTH SERVICES.

    (a) In General.--Section 1834(m)(7) of the Social Security Act (42 
U.S.C. 1395m(m)(7)(B)) is amended--
            (1) in subparagraph (A), by striking ``, subject to 
        subparagraph (B),'';
            (2) by striking ``(A) In general.--The geographic'' and 
        inserting ``The geographic''; and
            (3) by striking subparagraph (B).
    (b) Rural Health Clinics.--Section 1834(y)(2) of the Social 
Security Act (42 U.S.C. 1395m(y)(2)) is amended by striking ``prior to 
October 1, 2025''.
    (c) Federally Qualified Health Centers.--Section 1834(o)(4)(B) of 
the Social Security Act (42 U.S.C. 1395m(o)(4)(B)) is amended by 
striking ``prior to October 1, 2025''.

SEC. 107. WAIVER OF TELEHEALTH REQUIREMENTS DURING PUBLIC HEALTH 
              EMERGENCIES.

    Section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)) is amended--
            (1) in subparagraph (A), in the matter preceding clause 
        (i), by striking ``subparagraph (B)'' and inserting 
        ``subparagraphs (B) and (C)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Exception for waiver of telehealth 
                requirements during public health emergencies.--For 
                purposes of subsection (b)(8), in addition to the 
                emergency period described in subparagraph (B), an 
                `emergency area' is a geographical area in which, and 
                an `emergency period' is the period during which, there 
                exists a public health emergency declared by the 
                Secretary pursuant to section 319 of the Public Health 
                Service Act on or after the date of enactment of this 
                subparagraph.''.

SEC. 108. USE OF TELEHEALTH IN RECERTIFICATION FOR HOSPICE CARE.

    (a) In General.--Section 1814(a)(7)(D)(i)(II) of the Social 
Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by striking 
``during the emergency period'' and all that follows through 
``September 30, 2025'' and inserting the following: ``during and after 
the emergency period described in section 1135(g)(1)(B)''.
    (b) GAO Report.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report evaluating the impact of section 
1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 
1395f(a)(7)(D)(i)(II)), as amended by subsection (a), on--
            (1) the number and percentage of beneficiaries recertified 
        for the Medicare hospice benefit at 180 days and for subsequent 
        benefit periods, to the extent such data is available;
            (2) Federal oversight of the appropriateness for hospice 
        care of the patients recertified through the use of telehealth; 
        and
            (3) any other factors determined appropriate by the 
        Comptroller General.

                      TITLE II--PROGRAM INTEGRITY

SEC. 201. CLARIFICATION FOR FRAUD AND ABUSE LAWS REGARDING TECHNOLOGIES 
              PROVIDED TO BENEFICIARIES.

    Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a-
7a(i)(6)) is amended--