[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2812 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 2812
To amend title XVIII of the Social Security Act to improve the
provision of telehealth services under the Medicare program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 3, 2008
Mr. Conrad (for himself and Ms. Stabenow) 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 improve the
provision of telehealth services under the Medicare program.
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 ``Medicare
Telehealth Improvement Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Increase in number of types of originating sites.
Sec. 3. Expansion of practitioners eligible to furnish telehealth
services.
Sec. 4. Improvement of process for updating the list of telehealth
services.
SEC. 2. INCREASE IN NUMBER OF TYPES OF ORIGINATING SITES.
(a) Increase.--Section 1834(m)(4)(C)(ii) of the Social Security Act
(42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the
following new subclauses:
``(VI) A skilled nursing facility
(as defined in section 1819(a)).
``(VII) A renal dialysis facility.
``(VIII) A community mental health
center (as defined in section
1861(ff)(3)(B)), a qualified community
program described in 1913(b)(1) of the
Public Health Service Act, and a county
mental health clinic.
``(IX) Any other site that has a
telecommunications system.''.
(b) No Facility Fee for Certain Originating Sites.--Section
1834(m)(2) of the Social Security Act (42 U.S.C. 1395m(m)(2)) is
amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``With respect'' and inserting ``Subject to
subparagraph (D), with respect''; and
(2) by adding at the end the following new subparagraph:
``(D) No facility fee for certain originating
sites.--
``(i) In general.--No facility fee shall be
paid to an originating site described in
paragraph (4)(C)(ii)(IX).
``(ii) No change in payment to distant
site.--Clause (i) shall not be construed to
affect the payment to a distant site under
subparagraph (A).''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 90 days after
the date of enactment of this Act.
SEC. 3. EXPANSION OF PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH
SERVICES.
(a) In General.--Section 1834(m) of the Social Security Act (42
U.S.C. 1395m(m)) is amended--
(1) in paragraph (1), by striking ``(as defined in section
1861(r)) or a practitioner (described in section
1842(b)(18)(C))'' and inserting ``or a practitioner''; and
(2) in paragraph (4), by striking subparagraph (E) and
inserting the following new subparagraph:
``(E) Practitioner.--The term `practitioner'
means--
``(i) a practitioner described in section
1842(b)(18)(C);
``(ii) a physical therapist (as described
in section 1861(p));
``(iii) an occupational therapist (as so
described);
``(iv) a qualified speech-language
pathologist (as defined in section
1861(ll)(3)(A));
``(v) a qualified audiologist (as defined
in section 1861(ll)(3)(B));
``(vi) a certified provider (as described
in section 1861(qq)(2)(A)); and
``(vii) any other individual or entity
determined appropriate by the Secretary.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to services furnished on or after the date that is 90 days after
the date of enactment of this Act.
SEC. 4. IMPROVEMENT OF PROCESS FOR UPDATING THE LIST OF TELEHEALTH
SERVICES.
(a) In General.--Section 1834(m)(4)(F)(ii) of the Social Security
Act (42 U.S.C. 1395m(m)(4)(F)(ii)) is amended by adding at the end the
following sentences: ``Such process shall require the Secretary to take
into account the recommendations of the Telehealth Advisory Committee
(as established under section 4(b) of the Medicare Telehealth
Improvement Act of 2008) when adding or deleting services (and HCPCS
codes). If the Secretary does not implement a recommendation of the
Telehealth Advisory Committee, the Secretary shall publish in the
Federal Register a statement regarding the reason such recommendation
was not implemented.''.
(b) Telehealth Advisory Committee.--
(1) Establishment.--On and after the date that is 6 months
after the date of enactment of this Act, the Secretary of
Health and Human Services (in this subsection referred to as
the ``Secretary'') shall have in place a Telehealth Advisory
Committee (in this subsection referred to as the ``Advisory
Committee'') to make recommendations to the Secretary on the
appropriate addition or deletion of services (and HCPCS codes)
to those specified in paragraph (4)(F)(i) of section 1834(m) of
the Social Security Act (42 U.S.C. 1395m(m)) for authorized
payment under paragraph (1) of such section.
(2) Membership; terms.--
(A) Membership.--
(i) In general.--The Advisory Committee
shall be composed of 7 members, to be appointed
by the Secretary, of whom--
(I) five shall be practicing
physicians; and
(II) two shall be practicing non-
physician health care providers.
(ii) Requirements for appointing members.--
In appointing members of the Advisory
Committee, the Secretary shall--
(I) ensure that each member has
prior experience with the practice of
telemedicine or telehealth;
(II) give preference to individuals
who are currently providing
telemedicine or telehealth services;
(III) ensure that the membership of
the Advisory Committee represents a
balance of specialties and geographic
regions; and
(IV) take into account the
recommendations of stakeholders.
(B) Terms.--The members of the Advisory Committee
shall serve for such term as the Secretary may specify.
(3) Meetings.--The Advisory Committee shall meet twice per
year and at such other times as the Advisory Committee may
provide.
(4) Permanent committee.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Committee.
(5) Waiver of administrative limitation.--The Secretary
shall establish the Advisory Committee notwithstanding any
limitation that may apply to the number of advisory committees
that may be established (within the Department of Health and
Human Services or otherwise).
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