119-hr5496

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5496 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5496

 To amend title XVIII of the Social Security Act to provide for 
 permanent payments for telehealth services furnished by federally 
 qualified health centers and rural health clinics under the Medicare 
 program.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 18, 2025

 Mr. Thompson of Pennsylvania (for himself and Ms. Tokuda) 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

_______________________________________________________________________

 A BILL

 To amend title XVIII of the Social Security Act to provide for 
 permanent payments for telehealth services furnished by federally 
 qualified health centers and rural health clinics 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.

 This Act may be cited as the ``Helping Ensure Access to Local 
TeleHealth Act of 2025'' or the ``HEALTH Act of 2025''.

SEC. 2. PROVIDING FOR PERMANENT COST-RELATED PAYMENTS FOR TELEHEALTH 
 SERVICES FURNISHED BY FEDERALLY QUALIFIED HEALTH CENTERS 
 AND RURAL HEALTH CLINICS UNDER THE MEDICARE PROGRAM AND 
 PERMANENTLY REMOVING ORIGINATING SITE FACILITY AND 
 LOCATION REQUIREMENTS FOR DISTANT SITE TELEHEALTH 
 SERVICES FURNISHED BY SUCH CENTERS AND SUCH CLINICS.

    (a) Coverage of Audio-Only Telehealth Services.--

    (1) In general.--

Section 1834
            (m) (4) of the Social Security 
 Act (42 U.S.C. 1395m
            (m) (4) ) is amended by adding at the end the 
 following new subparagraph:
 ``
        (G) Telecommunications system.--Except as 
 provided in paragraph

    (1) , the term `telecommunications 
 system' means a two-way, real-time interactive 
 communications system, whether by audiovisual or audio-
 only communications.''.

    (2) Required implementation steps.--Not later than 60 days 
 after the date of the enactment of this Act, the Secretary of 
 Health and Human Services shall--
        (A) revise 

section 410.78

    (a)

    (3) of title 42, Code 
 of Federal Regulations (or a successor regulation) to 
 define the term ``interactive telecommunications 
 system'' in accordance with the amendment made by 
 paragraph

    (1) ; and
        (B) revise 

section 405.2463 of such title (or a 
 successor regulation) to provide that, for purposes of 
 distant site telehealth services furnished by federally 
 qualified health centers and rural health clinics under 
 

section 1834
            (m) (8) of the Social Security Act (42 
 U.S.C. 1395m
            (m) (8) ), a visit includes any two-way, 
 real-time interactive communication between an 
 individual and the distant site Federally qualified 
 health center provider or rural health clinic, whether 
 by audiovisual or audio-only communication.

    (b) Permanent Telehealth Payments.--

Section 1834
            (m) (8) of the 
Social Security Act (42 U.S.C. 1395m
            (m) (8) ) is amended--

    (1) in subparagraph
        (A) , in the matter preceding clause
            (i) , by striking ``During the emergency period'' and all that 
 follows through ``2025--'' and inserting ``With respect to 
 telehealth services furnished on or after the date of the 
 beginning of the emergency period described in 

section 1135

    (g)

    (1)
        (B) --''; and

    (2) by striking subparagraph
        (B) and inserting the 
 following new subparagraph:
 ``
        (B) Payment.--
 ``
            (i) In general.--A telehealth service 
 furnished by a rural health clinic or a 
 federally qualified health center serving as a 
 distant site to an individual 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 rural health clinic service or 
 federally qualified health center service (as 
 applicable) under 

section 1833

    (a)

    (3) or under 
 the prospective payment system established 
 under 

section 1834

    (o) , respectively.
 ``
            (ii) Treatment of costs for fqhc pps 
 calculations and rhc air calculations.--Costs 
 associated with the delivery of telehealth 
 services by a federally qualified health center 
 or rural health clinic serving as a distant 
 site pursuant to this paragraph 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.''.
            (c) Elimination of Originating Site Requirements for Telehealth 
Services Furnished by FQHCs or RHCs.--

    (1) In general.--

Section 1834
            (m) of the Social Security Act 
 (42 U.S.C. 1395m
            (m) ), as amended by subsection

    (b) , is further 
 amended--
        (A) in paragraph

    (4)
            (C) 
            (i) , by striking ``and

    (7) '' 
 and inserting ``

    (7) , and

    (8) ''; and
        (B) in paragraph

    (8) , by adding at the end the 
 following new subparagraph:
 ``
            (C) Nonapplication of originating site 
 requirements.--The geographic and site requirements 
 described in paragraph

    (4)
            (C) shall not apply with 
 respect to telehealth services furnished by a federally 
 qualified health center or a rural health clinic 
 serving as a distant site.''.

    (2) Special payment rule for originating sites with respect 
 to telehealth services furnished by an fqhc or rhc.--

Section 1834
            (m) (2)
        (B) of the Social Security Act (42 U.S.C. 
 1395m
            (m) (2)
        (B) ) is amended--
        (A) in clause
            (i) , by striking ``clause
            (ii) '' and 
 inserting ``clauses
            (ii) and
            (iii) ''; and
        (B) by adding at the end the following new clause:
 ``
            (iii) Special rule for telehealth 
 services furnished by fqhcs and rhcs.--No 
 facility fee shall be paid under this 
 subparagraph to an originating site with 
 respect to telehealth services furnished by a 
 federally qualified health center or rural 
 health clinic serving as a distant site unless 
 such originating site is a site described in 
 any of subclauses
            (I) through
            (IX) or
            (XI) of 
 paragraph

    (4)
            (C) 
            (ii) .''.
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