[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--