Can a Package of Telehealth Bills Gain the Attention of Congress?

With Congress facing dozens of bills aimed at improving telehealth coverage beyond the pandemic, one Senator is pressing the issue by combining four bills into one piece of legislation.

Senator John Kennedy (R-LA) says the four bills – two new pieces of legislation and two that failed to pass muster in Congress last year – would improve access to telehealth services for his constituents as well as the rest of the country.

The new bills are the Audio-Only Telehealth for Emergencies Act and the Increasing Rural Telehealth Act.

The first targets a modality that has seen increased use during the pandemic, particularly in areas where broadband access is sketchy and among populations who can’t access audio-visual telemedicine services. The bill would establish payment parity for care providers who use audio-only telehealth platforms during a public health emergency or disaster, allowing them to be reimbursed by payers at the same rate as they would for the same services delivered in person.

The second bill would help expand remote patient monitoring programs in rural areas, where access to in-person care is challenging. The bill would require the Health and Human Services Secretary to create a $50 million grant program to fund pilot RPM programs in rural areas, and develop a report two years lter on the effectiveness of the program.

A third bill, the Telehealth Health Savings Account (HSA) Act, would allow employers to offer high-deductible health plans that include connected health services and waive the deductible for telehealth services. It targets an IRS regulation that prevents employees from making or receiving contributions to HSAs if the hold a high-deductible health plans that waives the deductible for telehealth, often forcing them to pay out of pocket for telehealth services. This bill was introduced in 2020 by then- Senator Kelly Loeffler (R-GA) but failed to make it out of committee.

The fourth bill, the Enhance Access to Support (EASE) Behavioral Health Services Act, would establish payment parity for telemental health services delivered to Medicare and Medicaid members, while also eliminating geographic restrictions. It also integrates substance abuse treatment with mental health treatment, expanding access to care for those living with substance abuse issues. The bill was originally introduce in 2019 in the House by US Rep. Gus Bilirakis (R-FL) but failed to advance.

Whether the four bills, as a package, will attract more attention from lawmakers that individual pieces of legislation remains to be seen.

This strategy was attempted last year. Both the HSA bill and the EASE bill were included in a package of nine bills introduced in August 2020 by US Rep Ann Wagner (R-MO), chair of the Republican-founded House Suburban Caucus. Wagner’s effort went nowhere, however, perhaps due in part to the political tone of her package at a time when telehealth advocates are stressing bipartisan legislation.