H.R. 1785

119 HR 1785 IH: Preventing Medicare Telefraud Act
 U.S. House of Representatives
 2025-03-03
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 1785  IN THE HOUSE OF REPRESENTATIVES   March 3, 2025   Mr. Doggett  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 establish requirements for the provision of certain high-cost durable medical equipment and laboratory testing, and for other purposes.
1.
Short title
This Act may be cited as the   Preventing Medicare Telefraud Act  .
2.
Requirement for provision of high-cost durable medical equipment and laboratory tests
(a)
High-Cost durable medical equipment
Section 1834(a)(1)(E) of the Social Security Act ( 42 U.S.C. 1395m(a)(1)(E) ) is amended by adding at the end the following new clause:
(vi)
Standards for high-cost durable medical equipment
(I)
Limitation on payment for high-cost durable medical equipment
Payment may not be made under this subsection for a high-cost durable medical equipment ordered by a physician or other practitioner described in clause (ii) via telehealth for an individual on or after the date that is 180 days after the date of the enactment of this clause, unless such physician or practitioner furnished to such individual a service in-person at least once during the 6 month period prior to ordering such high-cost durable medical equipment.
(II)
High-cost durable medical equipment determination
For purposes of this clause, the Administrator of the Centers for Medicare & Medicaid Services shall define the term  high-cost durable medical equipment  and specify the durable medical equipment for which such definition shall apply.
(vii)
Audit of providers and practitioners furnishing a high volume of durable medical equipment via telehealth
(I)
Identification of providers
Beginning 6 months after the date of the enactment of this clause, Medicare administrative contractors shall conduct reviews on a schedule determined by the Secretary, of claims for durable medical equipment prescribed by a physician or other practitioner described in clause (ii) during the 12 month period preceding such review to identify physicians or other practitioners with respect to whom at least 90 percent of all durable medical equipment prescribed by such physician or practitioner during such period was prescribed pursuant to a telehealth visit.
(II)
Audit
In the case of a physician or practitioner identified under subclause (I), with respect to a period described in such subclause, the Medicare administrative contractors shall conduct audits of all claims for durable medical equipment prescribed by such physicians or practitioners to determine whether such claims comply with the requirements for coverage under this title.
 .
(b)
High-Cost laboratory tests
Section 1834A(b) of the Social Security Act ( 42 U.S.C. 1395m–1(b) ) is amended by adding at the end the following new paragraph:
(6)
Requirement for high-cost laboratory tests
(A)
Limitation on payment for high-cost laboratory tests
Payment may not be made under this subsection for a high-cost laboratory test ordered by a physician or practitioner via telehealth for an individual on or after the date that is 180 days after the date of the enactment of this paragraph, unless such physician or practitioner furnished to such individual a service in-person at least once during the 6 month period prior to ordering such high-cost laboratory test.
(B)
High-cost laboratory test defined
For purposes of this paragraph, the Administrator for the Centers for Medicare & Medicaid Services shall define the term  high-cost laboratory test  and specify which laboratory tests such definition shall apply to.
(7)
Audit of laboratory testing ordered pursuant to telehealth visit
(A)
Identification of providers
Beginning 6 months after the date of the enactment of this paragraph, Medicare administrative contractors shall conduct periodic reviews on a schedule determined by the Secretary, of claims for laboratory tests prescribed by a physician or practitioner during the 12 month period preceding such review to identify physicians or other practitioners with respect to whom at least 90 percent of all laboratory tests prescribed by such physician or practitioner during such period was prescribed pursuant to a telehealth visit.
(B)
Audit
In the case of a physician or practitioner identified under subparagraph (A), with respect to a period described in such subparagraph, the Medicare administrative contractors shall conduct audits of all claims for laboratory tests prescribed by such physicians or practitioners during such period beginning to determine whether such claims comply with the requirements for coverage under this title.
 .
3.
Requirement to submit NPI number for separately billable telehealth services
Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by adding at the end the following new paragraph:
(10)
Requirement to submit NPI number for separately billable telehealth services
Payment may not be made under this subsection for separately billable telehealth services furnished on or after the date that is 180 days after the date of the enactment of this paragraph by a physician or practitioner unless such physician or practitioner submits a claim for payment under the national provider identification number assigned to such physician or practitioner.
 .