H.R. 4040 - Advancing Telehealth Beyond COVID–19 Act of 2022

Bill Text

    Rules Committee Print 117-59 PDF XML

    Showing the text of H.R. 4040, as introduced, with modifications.

    Text of H.R. 4040 PDF XML

    (as introduced)

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 8-4 on Tuesday, July 26, 2022.

FLOOR ACTION ON H. RES. 1256: 
Agreed to by record vote of 218-207, after agreeing to the previous question by record vote of 218-208, on July 27, 2022

MANAGERS: Torres/Fischbach

1. Structured rule for H.R. 263.
2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources or their designees.
3. Waives all points of order against consideration of the bill.
4. Provides that the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Makes in order the further amendment to H.R. 263 printed in part A of the Rules Committee report, if offered by the Member designated in the report, which shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, and shall not be subject to a demand for division of the question.
7. Waives all points of order against the amendment printed in the report.
8. Provides one motion to recommit.
9. Closed rule for H.R. 4040.
10. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce or their designees.
11. Waives all points of order against consideration of the bill.
12. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-59, modified by the amendment printed in part B of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
13. Waives all points of order against provisions in the bill, as amended.
14. Provides one motion to recommit.

15. Provides that House Resolution 517 is hereby adopted.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Steel, Michelle (CA), Schneider (IL), Lee, Susie (NV), Wenstrup (OH)Bi-PartisanExtends for two years first-dollar coverage of telehealth services for those with a High Deductible Health Plan (HDHP) in combination with a Health Savings Account (HSA). This provision expires on December 31, 2022.Submitted
2Version 1Pallone (NJ)DemocratMANAGER’S AMENDMENT Changes the amount in the Medicare Improvement Fund to $5.153 billion and makes technical changes.Considered as Adopted
3Version 1Keller (PA), Wild (PA)Bi-PartisanAllows temporary nurse aides (TNAs) to retain their certification status and a path to full-time employment as healthcare workers after the COVID-19 Public Health Emergency declaration has been lifted. Also allows TNAs to use on-the-job experience toward certification and would only apply to essential workers brought on by states utilizing Section 1135 waivers during COVID-19.Submitted
4Version 1Trahan (MA), Welch (VT), Kuster (NH)DemocratDirects HHS to submit a report to Congress on the benefits of providing coverage of audio-only telecommunications to Medicare beneficiaries. The report should analyze how audio-only telehealth coverage has improved health equity in general, and how it has improved health equity in the mental health space.Submitted
5Version 1Walberg (MI), Walorski (IN)RepublicanAdds text from the bipartisan Telehealth Benefit Expansion for Workers Act that would expand Americans’ access to employer-sponsored health benefits by classifying telehealth as an excepted benefit.Submitted
6Version 1Doggett (TX)DemocratApplies targeted anti-fraud measures recommended by the nonpartisan MedPAC. Requires an in-person visit within 6 months prior to ordering high-cost durable medical equipment or lab testing. Requires an audit of outlier providers ordering 90% or more of DME or lab tests via telehealth. Increases transparency on who is providing care by prohibiting "incident to" telehealth billing and requiring providers to bill under their own Medicare identification number.Submitted
7Version 1Schneider (IL), Wenstrup (OH), Steel, Michelle (CA)Bi-PartisanAllows High Deductible Health Plans (HDHPs) to waive the deductible for primary care services for patients in HSA-eligible HDHPs through Jan. 1, 2025.Submitted
8Version 1Van Drew (NJ)RepublicanCodifies a patient's visitation rights in a hospital setting.Submitted
9Version 1McKinley (WV)RepublicanAdds the text of HR 1647 - TREATS Act, which modifies requirements relating to coverage of certain telehealth services under Medicare. Specifically, the amendment permanently allows telehealth services for substance-use disorders and mental health disorders to be provided via audio-only technology, if a physician or practitioner has already conducted an in-person or video telehealth evaluation. Offsets costs through the Medicare Improvement Fund.Submitted
10Version 1Arrington (TX)RepublicanRequires CMS to study the percentage of audio-only telehealth claims that resulted in a prescription for Durable Medical Equipment, and assess the medical necessity of such prescriptions. OIG would be required to conduct an investigation of the claims identified by CMS and provide recommendations to CMS as to how to identify and address fraudulent claims for Durable Medical Equipment.Submitted
11Version 1Arrington (TX)RepublicanTo encourage appropriate use of audio-only telehealth in the Medicare program, and strengthen program integrity through the use of additional anti-fraud measures for the use of telehealth in the Medicare Program.Submitted