HR2015

Selected Sections of HR2015
Related to Medicare Reimbursement for Nurse Practitioners

Sec. 4511. Increased Medicare Reimbursement  For Nurse Practitioners And Clinical Nurse Specialists.

  • (a) Removal Of Restrictions On Settings

    • (1) In General– Clause (ii) of section 1861(s)(2)(K) (42 U.S.C. 1395x(s)(2)(K)) is amended to read as  follows:

    • `(ii) services which would be physicians’ services if furnished by a physician (as defined in subsection  (r)(1)) and which are performed by a nurse practitioner or clinical nurse specialist (as defined in subsection (aa)(5)) working in collaboration (as  defined in subsection (aa)(6)) with a physician (as defined in subsection (r)(1)) which the nurse practitioner or clinical nurse specialist is legally  authorized to perform by the State in which the services are performed, and such services and supplies furnished as an incident to such services as would be covered under subparagraph (A) if furnished incident to a physician’s  professional service, but only if no facility or other provider charges or is  paid any amounts with respect to the furnishing of such services;’.

    • (2)Conforming Amendments-  (A) Section 1861(s)(2)(K) (42 U.S.C. 1395x(s)(2)(K)) is further amended–

      • (i) in clause (i), by inserting `and  such services and supplies furnished as incident to such services as would be covered under subparagraph (A) if furnished incident to a physician’s  professional service; and’ after `are performed,’; and

      • (ii) by striking clauses (iii) and (iv).

    • (B) Section 1861(b)(4) (42 U.S.C. 1395x(b)(4)) is amended by striking `clauses (i) or (iii) of subsection  (s)(2)(K)’ and inserting `subsection (s)(2)(K)’.

    • (C) Section 1862(a)(14) (42 U.S.C.  1395y(a)(14)) is amended by striking `section 1861(s)(2)(K)(i) or 1861(s)(2)(K)(iii)’ and inserting `section 1861(s)(2)(K)’.

    • (D) Section 1866(a)(1)(H) (42 U.S.C.  1395cc(a)(1)(H)) is amended by striking `section 1861(s)(2)(K)(i) or 1861(s)(2)(K)(iii)’ and inserting `section 1861(s)(2)(K)’.

    • (E) Section 1888(e)(2)(A)(ii) (42 U.S.C. 1395yy(e)(2)(A)(ii)), as added by section 4432(a) (relating to prospective payment system for rehabilitation hospitals), is amended by striking  `through (iii)’ and inserting `and (ii)’.

  • (b) Increased  Payment-

    • (1) Fee Schedule Amount–  Subparagraph (O) of section 1833(a)(1) (42 U.S.C. 1395l(a)(1)) is amended to  read as follows: `(O) with respect to services described in section  1861(s)(2)(K)(ii) (relating to nurse practitioner or clinical nurse specialist  services), the amounts paid shall be equal to 80 percent of (i) the lesser of the actual charge or 85 percent of the fee schedule amount provided under section 1848, or (ii) in the case of services as an assistant at surgery, the  lesser of the actual charge or 85 percent of the amount that would otherwise be recognized if performed by a physician who is serving as an assistant at  surgery; and’.

    • (2) Conforming Amendments– Section  1833(r) (42 U.S.C. 1395l(r)) is amended–

      • (A) in paragraph (1), by striking `section 1861(s)(2)(K)(iii) (relating to nurse practitioner or clinical nurse  specialist services provided in a rural area)’ and inserting `section  1861(s)(2)(K)(ii) (relating to nurse practitioner or clinical nurse specialist services)’;

      • (B) by striking paragraph (2);

      • (C) in paragraph (3), by striking `section 1861(s)(2)(K)(iii)’ and inserting `section 1861(s)(2)(K)(ii)’; and

      • (D) by redesignating paragraph (3)  as paragraph (2).

  • (c) Direct Payment For Nurse Practitioners And Clinical Nurse Specialists– Section 1832(a)(2)(B)(iv) (42 U.S.C. 1395k(a)(2)(B)(iv)) is amended by striking `provided in a rural area (as defined  in section 1886(d)(2)(D))’ and inserting `but only if no facility or other  provider charges or is paid any amounts with respect to the furnishing of such services’.

Sec. 4206. Medicare Reimbursement For  Telehealth Services.

  • (a) In General– Not later than January 1, 1999, the Secretary of Health and Human Services shall make payments from the Federal Supplementary Medical Insurance Trust Fund under part B of  title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) in accordance  with the methodology described in subsection (b) for professional consultation  via telecommunications systems with a physician (as defined in section 1861(r) of such Act (42 U.S.C. 1395x(r)) or a practitioner (described in section  1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)) furnishing a service for  which payment may be made under such part to a beneficiary under the medicare program residing in a county in a rural area (as defined in section 1886(d)(2)(D) of such Act (42 U.S.C. 1395ww(d)(2)(D))) that is designated as a  health professional shortage area under section 332(a)(1)(A) of the Public Health Service Act (42 U.S.C. 254e(a)(1)(A)), notwithstanding that the  individual physician or practitioner providing the professional consultation is not at the same location as the physician or practitioner furnishing the service to that beneficiary.

  • (b) Methodology For Determining Amount Of  Payments– Taking into account the findings of the report required under  section 192 of the Health Insurance Portability and Accountability Act of 1996  (Public Law 104-191; 110 Stat. 1988), the findings of the report required under paragraph (c), and any other findings related to the clinical efficacy and  cost-effectiveness of telehealth applications, the Secretary shall establish a  methodology for determining the amount of payments made under subsection (a) within the following parameters:

    • (1) The payment shall shared between  the referring physician or practitioner and the consulting physician or  practitioner. The amount of such payment shall not be greater than the current fee schedule of the consulting physician or practitioner for the health care  services provided.

    • (2) The payment shall not include any reimbursement for any telephone line charges or any facility fees, and a  beneficiary may not be billed for any such charges or fees.

    • (3) The payment shall be made subject to the coinsurance and deductible requirements under subsections (a)(1)  and (b) of section 1833 of the Social Security Act (42 U.S.C.  1395l).

    • (4) The payment differential of section 1848(a)(3) of such Act (42 U.S.C. 1395w-4(a)(3)) shall apply to services furnished by non-participating physicians. The provisions of section 1848(g) of such Act (42 U.S.C. 1395w-4(g)) and section 1842(b)(18) of such Act (42 U.S.C. 1395u(b)(18)) shall apply. Payment for such service shall be increased annually by the update factor for physicians’ services determined under section 1848(d)  of such Act (42 U.S.C. 1395w-4(d)).

  • (c) Supplemental Report– Not later  than January 1, 1999, the Secretary shall submit a report to Congress which shall contain a detailed analysis of–

    • (1) how telemedicine and telehealth systems are expanding access to health care services;

    • (2) the clinical efficacy and cost-effectiveness of telemedicine and telehealth applications;

    • (3) the quality of telemedicine and telehealth services delivered; and

    • (4) the reasonable cost of  telecommunications charges incurred in practicing telemedicine and telehealth in  rural, frontier, and underserved areas.

  • (d) Expansion Of Telehealth Services For Certain Medicare Beneficiaries

    • (1) In General– Not later than January 1, 1999, the Secretary shall submit a report to Congress that examines the possibility of making payments from the Federal Supplementary Medical  Insurance Trust Fund under part B of title XVIII of the Social Security Act (42  U.S.C. 1395j et seq.) for professional consultation via telecommunications systems with such a physician or practitioner furnishing a service for which  payment may be made under such part to a beneficiary described in paragraph (2),  notwithstanding that the individual physician or practitioner providing the  professional consultation is not at the same location as the physician or practitioner furnishing the service to that beneficiary.

Sec. 4207. Informatics, Telemedicine, And  Education Demonstration Project.

  • (a) Purpose And  Authorization

    • (1) In General– Not later than 9 months after the date of enactment of this section, the Secretary of Health and Human Services shall provide for a demonstration project described in paragraph  (2).

    • (2) Description Of Project

      • (A) In General– The demonstration  project described in this paragraph is a single demonstration project to use  eligible health care provider telemedicine networks to apply high-capacity  computing and advanced networks to improve primary care (and prevent health care complications) to medicare beneficiaries with diabetes mellitus who are  residents of medically underserved rural areas or residents of medically underserved inner-city areas.

      • (B) Medically Undeserved Defined– As used in this paragraph, the term `medically underserved’ has the meaning given such term in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)).

    • (3) Waiver– The Secretary shall  waive such provisions of title XVIII of the Social Security Act as may be necessary to provide for payment for services under the project in accordance  with subsection (d).

    • (4) Duration Of Project– The project  shall be conducted over a 4-year period.

  • (b) Objectives Of Project– The  objectives of the project include the following:

    • (1) Improving patient access to and compliance with appropriate care guidelines for individuals with diabetes mellitus through direct telecommunications link with information networks in  order to improve patient quality-of-life and reduce overall health care  costs.

    • (2) Developing a curriculum to train  health professionals (particularly primary care health professionals) in the use  of medical informatics and telecommunications.

    • (3) Demonstrating the application of  advanced technologies, such as video-conferencing from a patient’s home, remote monitoring of a patient’s medical condition, interventional informatics, and applying individualized, automated care guidelines, to assist primary care providers in assisting patients with diabetes in a home setting.

    • (4) Application of medical  informatics to residents with limited English language  skills.

    • (5) Developing standards in the application of telemedicine and medical  informatics.

    • (6) Developing a model for the  cost-effective delivery of primary and related care both in a managed care  environment and in a fee-for-service environment.

  • (c) Eligible Health Care Provider  Telemedicine Network Defined– For purposes of this section, the term  `eligible health care provider telemedicine network’ means a consortium that  includes at least one tertiary care hospital (but no more than 2 such hospitals), at least one medical school, no more than 4 facilities in rural or  urban areas, and at least one regional telecommunications provider and that meets the following requirements:

    • (1) The consortium is located in an area with a high concentration of medical schools and tertiary care facilities in the United States and has appropriate arrangements (within or outside the  consortium) with such schools and facilities, universities, and  telecommunications providers, in order to conduct the  project.

    • (2) The consortium submits to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the use to  which the consortium would apply any amounts received under the project and the  source and amount of non-Federal funds used in the  project.

    • (3) The consortium guarantees that  it will be responsible for payment for all costs of the project that are not  paid under this section and that the maximum amount of payment that may be made to the consortium under this section shall not exceed the amount specified in subsection (d)(3).

Return to Advanced Practice

 

Copyright © 2026 Tennessee Nurses Association