WHAT THE LAW DOINCongress, in plain words

H.R. 5081 · 119th Congress

Telehealth Modernization Act

IntroducedHealth
IntroducedSep 2, 2025
Passed HouseNot yet
Passed SenateNot yet
To PresidentNot yet
Became lawNot yet

Where it stands

Introduced. Latest step, Sep 2, 2025: Referred to the Committee on Energy and Commerce and the Committee on Ways and Means. It would change 4 sections of existing law and would add 3 new provisions of its own.

How this bill changes the law

Sourced

H.R. 5081 would change 4 sections of existing law, and would create 3 new provisions of its own. Read from the bill text as introduced in the House (Sep 2, 2025).

42 U.S.C. 1395m Special payment rules for particular items and services

  • (a) Payment for durable medical equipment added to · Sec. 5(a) · see the words
  • (h) Payment for prosthetic devices and orthotics and prosthetics changed · Sec. 5(a) · see the words
  • (m) Payment for telehealth services added to · Sec. 2(a), Sec. 2(b), Sec. 2(c), Sec. 2(d), Sec. 2(e) · see the words
  • (o) Development and implementation of prospective payment system changed · Sec. 2(d) · see the words
  • (y) Payment for certain services furnished by rural health clinics changed · Sec. 2(d) · see the words

42 U.S.C. 1395f

42 U.S.C. 1395cc-7 Extension of Acute Hospital Care at Home initiative

42 U.S.C. 1395x Definitions

  • (eee) Cardiac rehabilitation program; intensive cardiac rehabilitation program changed · Sec. 7(a) · see the words

New provisions of the bill's own

  • Sec. 3 Requiring modifier for use of telehealth to conduct face-to-face encounter prior to recertification of eligibility for hospice care
  • Sec. 6 Guidance on furnishing services via telehealth to individuals with limited English proficiency
  • Sec. 8 Inclusion of virtual diabetes prevention program suppliers in MDPP Expanded Model
What the words would change: every change, in place (19)

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

  1. 42 U.S.C. 1395m(m)(2)(B)(iii)changedby H.R. 5081 Sec. 2(a)

    The bill says: in paragraph (2)(B)(iii), by striking "ending September 30, 2025" and inserting "ending September 30, 2027"; and

  2. 42 U.S.C. 1395m(m)(4)(C)(iii)changedby H.R. 5081 Sec. 2(a)

    The bill says: in paragraph (4)(C)(iii), by striking "ending on September 30, 2025" and inserting "ending on September 30, 2027".

  3. 42 U.S.C. 1395m(m)(4)(E)changedby H.R. 5081 Sec. 2(b)

    The bill says: Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C. 1395m(m)(4)(E)) is amended by striking "ending on September 30, 2025" and inserting "ending on September 30, 2027".

  4. 42 U.S.C. 1395m(m)(8)(A)changedby H.R. 5081 Sec. 2(c)

    The bill says: in subparagraph (A), by striking "ending on September 30, 2025" and inserting "ending on September 30, 2027";

  5. 42 U.S.C. 1395m(m)(8)(B)changedby H.R. 5081 Sec. 2(c)

    The bill says: in the subparagraph heading, by inserting "before fiscal year 2026" after "rule";

  6. 42 U.S.C. 1395m(m)(8)(B)(i)changedby H.R. 5081 Sec. 2(c)

    The bill says: in clause (i), by striking "during the periods for which subparagraph (A) applies" and inserting "before October 1, 2025"; and

  7. 42 U.S.C. 1395m(m)(8)(B)(ii)changedby H.R. 5081 Sec. 2(c)

    The bill says: in clause (ii), by inserting "furnished to an eligible telehealth individual before October 1, 2025" after "telehealth services"; and

  8. 42 U.S.C. 1395m(m)(8)added (C)by H.R. 5081 Sec. 2(c)

    (C) Payment rule for fiscal years 2026 and 2027.—(i) In general.— A telehealth service furnished to an eligible telehealth individual by a Federally qualified health center or rural health clinic on or after October 1, 2025, and before October 1, 2027, shall be paid as a Federally qualified health center service or rural health clinic service (as applicable) under the prospective payment system established under section 1834(o) or the methodology for all-inclusive rates established under section 1833(a)(3), respectively.(ii) Treatment of costs.— Costs associated with the furnishing of telehealth services by a Federally qualified health center or rural health clinic on or after October 1, 2025, and before October 1, 2027, shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and the methodology for all-inclusive rates established under section 1833(a)(3), as applicable.

    The bill says: by adding at the end the following new subparagraph:

  9. 42 U.S.C. 1395m(m)(7)(B)(i)changedby H.R. 5081 Sec. 2(d)

    The bill says: Section 1834(m)(7)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in the matter preceding subclause (I), by striking "on or after October 1, 2025" and inserting "on or after October 1, 2027".

  10. 42 U.S.C. 1395m(y)(2)changedby H.R. 5081 Sec. 2(d)

    The bill says: Section 1834(y)(2) of the Social Security Act (42 U.S.C. 1395m(y)(2)) is amended by striking "October 1, 2025" and inserting "October 1, 2027".

  11. 42 U.S.C. 1395m(o)(4)(B)changedby H.R. 5081 Sec. 2(d)

    The bill says: Section 1834(o)(4)(B) of the Social Security Act (42 U.S.C. 1395m(o)(4)(B)) is amended by striking "October 1, 2025" and inserting "October 1, 2027".

  12. 42 U.S.C. 1395m(m)(9)changedby H.R. 5081 Sec. 2(e)

    The bill says: Section 1834(m)(9) of the Social Security Act (42 U.S.C. 1395m(m)(9)) is amended by striking "ending on September 30, 2025" and inserting "ending on September 30, 2027".

  13. 42 U.S.C. 1395f(a)(7)(D)(i)(II)a new sectionchangedby H.R. 5081 Sec. 2(f)

    The bill says: by striking "ending on September 30, 2025" and inserting "ending on September 30, 2027"; and

  14. 42 U.S.C. 1395f(a)(7)(D)(i)(II)a new sectionchangedby H.R. 5081 Sec. 2(f)

    The bill says: by inserting ", except that this subclause shall not apply in the case of such an encounter with an individual occurring on or after September 30, 2025, if such individual is located in an area that is subject to a moratorium on the enrollment of hospice programs under this title pursuant to section 1866(j)(7), if such individual is receiving hospice care from a provider that is subject to enhanced oversight under this title pursuant to section 1866(j)(3), or if such encounter is performed by a hospice physician or nurse practitioner who is not enrolled under section 1866(j) and is not an opt-out physician or practitioner (as defined in section 1802(b)(6)(D))" before the semicolon.

  15. 42 U.S.C. 1395cc-7(a)(1)changedby H.R. 5081 Sec. 4(a)

    (1) Extension. With respect to inpatient hospital admissions occurring during the period beginning on the first day after the end of the emergency period described in section 1320b–5(g)(1)(B) of this title and ending on March 31, 20252030, the Secretary of Health and Human Services shall grant waivers and flexibilities (as described in paragraph (2)) to an individual hospital that submits a request for such waivers and flexibilities and meets specified criteria (as described in paragraph (3)) in order to participate in the Acute Hospital Care at Home initiative of the Secretary.

    The bill says: Section 1866G(a)(1) of the Social Security Act (42 U.S.C. 1395cc–7(a)(1)) is amended by striking "2025" and inserting "2030".

  16. 42 U.S.C. 1395m(a)added (23)by H.R. 5081 Sec. 5(a)

    (23) Master List inclusion and claim review for certain items.—(A) Master List inclusion.— Beginning January 1, 2028, for purposes of the Master List described in section 414.234(b) of title 42, Code of Federal Regulations (or any successor regulation), an item for which payment may be made under this subsection shall be treated as having aberrant billing patterns (as such term is used for purposes of such section) if the Secretary determines that, without explanatory contributing factors (such as furnishing emergent care services), a substantial number of claims for such items under this subsection are for such items ordered by a physician or practitioner who has not previously (during a period of not less than 24 months, as established by the Secretary) furnished to the individual involved any item or service for which payment may be made under this title.(B) Claim review.— With respect to items furnished on or after January 1, 2028, that are included on the Master List pursuant to subparagraph (A), if such an item is not subject to a determination of coverage in advance pursuant to paragraph (15)(C), the Secretary may conduct prepayment review of claims for payment for such item.

    The bill says: Section 1834(a) of the Social Security Act (42 U.S.C. 1395m(a)) is amended by adding at the end the following new paragraph:

  17. 42 U.S.C. 1395m(h)(3)changedby H.R. 5081 Sec. 5(a)

    The bill says: Section 1834(h)(3) of the Social Security Act (42 U.S.C. 1395m(h)(3)) is amended by inserting ", and paragraph (23) of subsection (a) shall apply to prosthetic devices, orthotics, and prosthetics in the same manner as such provision applies to items for which payment may be made under such subsection" before the period at the end.

  18. 42 U.S.C. 1395x(eee)(2)(A)(ii)changedby H.R. 5081 Sec. 7(a)

    The bill says: in subparagraph (A)(ii), by inserting "(including, with respect to items and services furnished through audio and video real-time communications technology (excluding audio-only) on or after September 30, 2025, and before January 1, 2027, in the home of an individual who is an outpatient of the hospital)" after "outpatient basis"; and

  19. 42 U.S.C. 1395x(eee)(2)(B)changedby H.R. 5081 Sec. 7(a)

    The bill says: in subparagraph (B), by inserting "(including, with respect to items and services furnished through audio and video real-time communications technology on or after September 30, 2025, and before January 1, 2027, the virtual presence of such physician, physician assistant, nurse practitioner, or clinical nurse specialist)" after "under the program".

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.

What it does

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The Congressional Research Service hasn't published a summary of this bill yet. They usually follow within weeks of introduction.

Our plain-language breakdown, with what it means for you and the case for and against, is written once a bill starts to move.

What has happened

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  1. Sep 2, 2025Introduced in HouseLibrary of Congress

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Cosponsors

  • Herbert C. Conaway, Jr. D-NJ-3
  • Debbie Dingell D-MI-6
  • Glenn Ivey D-MD-4
  • Julie Johnson D-TX-32
  • Sam T. Liccardo D-CA-16
  • Stephen F. Lynch D-MA-8
  • Eleanor Holmes Norton D-DC-At Large
  • Josh Riley D-NY-19
  • Deborah K. Ross D-NC-2