Knowing the Efficiency and Efficacy of Permanent Telehealth Options Act of 2021 or the KEEP Telehealth Options Act of 2021
This bill requires certain agencies to report on the availability and effects of expanded telehealth services under Medicare, Medicaid, and the Children's Health Insurance Program (CHIP) during the public health emergency relating to COVID-19.
Among other information, the Department of Health and Human Services must detail its actions during the emergency to expand access to telehealth services and must analyze telehealth usage by certain demographic groups. The Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission must report on the efficiency and management of the telehealth expansion and related risks of fraudulent activity.
To direct the Secretary of Health and Human Services, the Medicare 
  Payment Advisory Commission, and the Medicaid and CHIP Payment and 
Access Commission to conduct studies and report to Congress on actions 
   taken to expand access to telehealth services under the Medicare, 
       Medicaid, and CHIP programs during the COVID-19 emergency.

    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 ``Knowing the Efficiency and Efficacy 
of Permanent Telehealth Options Act of 2021'' or the ``KEEP Telehealth 
Options Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On January 21, 2020, the United States confirmed the 
        Nation's first case of the 2019 novel coronavirus (which 
        presents as the disease COVID-19).
            (2) On January 31, 2020, the Secretary of Health and Human 
        Services (in this Act referred to as the ``Secretary'') 
        declared a public health emergency in response to COVID-19.
            (3) By March, the disease reached the pandemic level 
        according to the World Health Organization, and the President 
        proclaimed the COVID-19 outbreak in the United States to 
        constitute a national emergency.
            (4) This emergency declaration authorizes the Secretary 
        ``to temporarily waive or modify certain requirements of the 
        Medicare, Medicaid, and State Children's Health Insurance 
        programs and of the Health Insurance Portability and 
        Accountability Act Privacy Rule throughout the duration of the 
        public health emergency declared in response to the COVID-19 
        outbreak''.
            (5) Under this authority, the Secretary, and the 
        Administrator of the Centers for Medicare & Medicaid Services 
        (in this Act referred to as the ``Administrator'') acting under 
        the Secretary's authority, issued numerous rules, regulations, 
        and waivers enabling the expansion of telehealth services 
        during the public health emergency.
            (6) Telehealth services play a critical role in enhancing 
        access to care for patients while simultaneously reducing the 
        risk of exposure to the coronavirus for both patients and 
        providers.
            (7) The Administrator expanded access to telehealth 
        services under the public health emergency to all Medicare 
        beneficiaries (including clinician-provided services to new and 
        established patients).
            (8) On April 23, 2020, the Administrator released a 
        telehealth toolkit to assist States in expanding the use of 
        telehealth through Medicaid and CHIP.
            (9) Expanded telehealth options are valuable for all 
        Americans during this public health crisis, but especially for 
        high-risk patients and rural Americans who already have 
        difficulty accessing care.

SEC. 3. STUDIES AND REPORTS ON THE EXPANSION OF ACCESS TO TELEHEALTH 
              SERVICES DURING THE COVID-19 EMERGENCY.

    (a) HHS.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary, in consultation with 
        the Administrator, shall conduct a study and submit to Congress 
        a report on actions taken by the Secretary during the emergency 
        period described in section 1135(g)(1)(B) of the Social 
        Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to 
        telehealth services under the Medicare program, the Medicaid 
        program, and the Children's Health Insurance Program. Such 
        report shall include the following:
                    (A) A comprehensive list of telehealth services 
                available under such programs and an explanation of all 
                actions undertaken by the Secretary during the 
                emergency period described in such paragraph to expand 
                access to such services.
                    (B) A comprehensive list of types of providers that 
                may be reimbursed for such services furnished under 
                such programs during such period, including a list of 
                services which may only be reimbursed under such 
                programs during such period if furnished by such 
                providers in-person.
                    (C) A quantitative analysis of the use of such 
                telehealth services under such programs during such 
                period, including data points on use by rural, 
                minority, low-income, and elderly populations.
                    (D) A quantitative analysis of the use of such 
                services under such programs during such period for 
                mental and behavioral health treatments.
                    (E) An analysis of the public health impacts of the 
                actions described in subparagraph (A).
            (2) Publication of report.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary shall 
        publish on the public website of the Department of Health and 
        Human Services the report described in paragraph (1).
    (b) MedPAC Report.--
            (1) In general.--Not later than 210 days after the date of 
        enactment of this Act, the Medicare Payment Advisory Commission 
        shall, in consultation with the Office of the Inspector General 
        of the Department of Health and Human Services, conduct a study 
        and submit to Congress a report on--
                    (A) the efficiency, management, and success and 
                failures of the expansion of access to telehealth 
                services under the Medicare program during the 
                emergency period described in subsection (a)(1); and
                    (B) any risk in increased fraudulent activity, and 
                types of fraudulent activity, associated with such 
                expansion.
            (2) Recommendations.--The report submitted under paragraph 
        (1) shall include recommendations on--
                    (A) potential improvements to telehealth services, 
                and expansions of such services, under the Medicare 
                program; and
                    (B) ways to address any fraudulent activity 
                described in paragraph (1)(B).
    (c) MACPAC Report.--
            (1) In general.--Not later than 210 days after the date of 
        enactment of this Act, the Medicaid and CHIP Payment and Access 
        Commission shall, in consultation with the Office of the 
        Inspector General of the Department of Health and Human 
        Services, conduct a study and submit to Congress a report on--
                    (A) the efficiency, management, and success and 
                failures of the expansion of access to telehealth 
                services under the Medicaid program and the Children's 
                Health Insurance Program during the emergency period 
                described in subsection (a)(1); and
                    (B) any risk in increased fraudulent activity, and 
                types of fraudulent activity, associated with such 
                expansion.
            (2) Recommendations.--The report submitted under paragraph 
        (1) shall include recommendations on--
                    (A) potential improvements to telehealth services, 
                and expansions of such services, under the programs 
                described in paragraph (1)(A); and
                    (B) ways to address any fraudulent activity 
                described in paragraph (1)(B).
    (d) Data.--In conducting the studies and creating the reports 
required under this section, the Secretary, the Medicare Payment 
Advisory Commission, and the Medicaid and CHIP Payment and Access 
Commission shall review the most recent claims data from the Medicare 
program, the Medicaid program, and the Children's Health Insurance 
Program (as applicable) that is available as of the date of enactment 
of this Act.
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KEEP Telehealth Options Act of 2021
A bill to direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and CHIP programs during the COVID-19 emergency.
KEEP Telehealth Options Act of 2021
Knowing the Efficiency and Efficacy of Permanent Telehealth Options Act of 2021
Sen. Fischer, Deb