117th CONGRESS 1st Session |
To allow for payment of outpatient critical access hospital services furnished through telehealth under the Medicare program.
March 26, 2021
Mr. Kildee (for himself and Mr. Wenstrup) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To allow for payment of outpatient critical access hospital services furnished through telehealth under the Medicare program.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Rural Behavioral Health Access Act of 2021”.
SEC. 2. Allowing for payment of outpatient critical access hospital services furnished through telehealth under the Medicare program.
(a) In general.—Notwithstanding section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) and subject to subsection (b), the Secretary of Health and Human Services shall provide payment under section 1834(g) of such Act (42 U.S.C. 1395m(g)) for outpatient critical access hospital services consisting of behavioral therapy services furnished by a critical access hospital to an individual on or after January 1, 2021, via telecommunications technology, notwithstanding the fact that such individual is not located at such hospital.
(b) Initiation of services via telehealth.—In the case of an individual receiving services described in subsection (a) from a critical access hospital, if such individual has not, prior to receiving such services, received in-person care at such hospital, payment shall be made to such hospital in accordance with such subsection only if such services complement a plan of care that includes in-person care to be furnished at such hospital not later than 1 year after the date such services are furnished.
(c) Definitions.—For purposes of this section:
(1) CRITICAL ACCESS HOSPITAL.—The term “critical access hospital” has the meaning given such term in section 1861(mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1)).
(2) OUTPATIENT CRITICAL ACCESS HOSPITAL SERVICES.—The term “outpatient critical access hospital services” has the meaning given such term in section 1861(mm)(3) of such Act (42 U.S.C. 1395x(mm)(3)).
(3) TELECOMMUNICATIONS TECHNOLOGY.—The term “telecommunications technology” means a communications system permitting two-way, real-time interactive communication between the individuals and health care professional and includes a communications system consisting of only audio capabilities, but only if such individual does not have access to a communications system with audio-visual capabilities.