Ensuring appropriate access to remote monitoring services furnished under the medicare program

(a) In general Notwithstanding any other provision of law, the Secretary of Health and Human Services (in this section referred to as the Secretary) shall ensure that remote monitoring services furnished under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) during the period beginning on the date of the enactment of this Act and ending on the date that is 2 years after such date of enactment are payable for a minimum of 2 days of data collection over a 30-day period, regardless of whether the individual receiving such services has been diagnosed with, or is suspected of having, COVID–19. (b) Report (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary shall, after consulting with entities specified in paragraph (2), submit to Congress a report that includes the following: (A) A summary and analysis of previous experience with such remote monitoring services being payable under such title for a minimum of 2 days of data collection over a 30-day period. (B) Recommendations for implementing a reimbursement model that takes into account patient acuity and cost of providing remote monitoring services, including potentially creating differential reimbursements for periods with different durations, such as fewer than and more than 16 days. (C) An analysis and justification for the appropriate place of service and supervision requirements for non-clinical staff reviewing and escalating patient data and provide recommendations. (D) An analysis of the estimated savings resulting from earlier interventions and fewer days of hospitalizations among patients furnished remote monitoring services. (2) Specified entities For purposes of paragraph (1), the entities specified in this paragraph are the following: (A) Relevant agencies within the Department of Health and Human Services (including, with respect to issues relating to waste, fraud, or abuse, the Inspector General of such Department). (B) The Department of Veterans Affairs (including the Office of Connected Care of such Department). (C) Licensed and practicing osteopathic and allopathic physicians, anesthesiologists, physician assistants, and nurse practitioners. (D) Hospitals, health systems, academic medical centers, and other medical facilities, such as acute care hospitals, cancer hospitals, psychiatric hospitals, hospital emergency departments, facilities furnishing urgent care services, ambulatory surgical centers, Federally qualified health centers, rural health clinics, and post-acute care and long-term care facilities. (E) Medical professional organizations and medical specialty organizations. (F) Organizations with expertise in the development of or operation of innovative remote physiologic monitoring services technologies. (G) Beneficiary advocacy organizations. (H) The American Medical Association Current Procedural Terminology Editorial Panel. (I) Commercial payers. (J) Any other entity determined appropriate by the Secretary. (c) Definitions In this section: (1) Remote monitoring The term remote monitoring means remote physiologic monitoring and remote therapeutic monitoring. (2) Remote physiologic monitoring The term remote physiologic monitoring means non-face-to-face monitoring and analysis of physiologic factors used to understand a patient’s health status, including the collection and analysis of patient physiologic data that are used to develop and manage a treatment plan related to chronic or acute conditions. (3) Remote therapeutic monitoring The term remote therapeutic monitoring means the use of medical devices to monitor a patient’s health or response to treatment using non-physiological data.