Section text and notes
Definitions
Director; Office
The terms “Director” and “Office” mean the Director and Office specified in subsection (c).
Federally qualified health center and rural health clinic
section 1395x(aa) of this titleThe term “Federally qualified health center” and “rural health clinic” have the meanings given the terms in .
Frontier community
The term “frontier community” shall have the meaning given the term in regulations issued under subsection (r).
Medically underserved area
section 295p(6) of this titleThe term “medically underserved area” has the meaning given the term “medically underserved community” in .
Medically underserved population
section 254b(b)(3) of this titleThe term “medically underserved population” has the meaning given the term in .
Telehealth services
The term “telehealth services” means services provided through telehealth technologies.
Telehealth technologies
The term “telehealth technologies” means technologies relating to the use of electronic information, and telecommunications technologies, to support and promote, at a distance, health care, patient and professional health-related education, health administration, and public health.
Programs
section 241 of this titleThe Secretary shall establish, under , telehealth network and telehealth resource centers grant programs.
Administration
Establishment
There is established in the Health Resources and Services Administration an Office for the Advancement of Telehealth. The Office shall be headed by a Director.
Duties
section 241 of this titleThe telehealth network and telehealth resource centers grant programs established under shall be administered by the Director, in consultation with the State offices of rural health, State offices concerning primary care, or other appropriate State government entities.
Grants
Telehealth network grants
Telehealth resource centers grants
The Director may, in carrying out the telehealth resource centers grant program referred to in subsection (b), award grants to eligible entities for projects to support initiatives that utilize telehealth technologies in the areas and communities, and for the populations, described in paragraph (1).
Grant periods
The Director may award grants under this section for periods of not more than 5 years.
Eligible entities
In general
To be eligible to receive a grant under subsection (d)(1), an entity shall demonstrate that the entity will provide services through a telehealth network.
Nature of entities
Each entity participating in the telehealth network may be a nonprofit or for-profit entity.
Composition of network
Applications
Preferences
Telehealth networks
Organization
The eligible entity is a rural community-based organization or another community-based organization.
Services
The eligible entity proposes to use Federal funds made available through such a grant to develop plans for, or to establish, telehealth networks that provide mental health care, public health services, long-term care, home care, preventive care, case management services, prenatal care, labor care, birthing care, or postpartum care.
Coordination
The eligible entity demonstrates how the project to be carried out under the grant will be coordinated with other relevant federally funded projects in the areas, communities, and populations to be served through the grant.
Network
Connectivity
The eligible entity proposes a project that promotes local and regional connectivity within areas, communities, or populations to be served through the project.
Telehealth resource centers
Provision of services
The eligible entity has a record of success in the provision of telehealth services to rural areas, medically underserved areas, or medically underserved populations.
Collaboration and sharing of expertise
The eligible entity has a demonstrated record of collaborating and sharing expertise with providers of telehealth services at the national, regional, State, and local levels.
Broad range of telehealth services
Distribution of funds
In general
In awarding grants under this section, the Director shall ensure, to the greatest extent possible, that such grants are equitably distributed among the geographical regions of the United States.
Telehealth networks
In awarding grants under subsection (d)(1) for a fiscal year, the Director shall ensure that not less than 50 percent of the funds awarded shall be awarded for projects in rural areas.
Use of funds
Telehealth network program
Telehealth resource centers
Prohibited uses of funds
Collaboration
Coordination with other agencies
The Secretary shall coordinate activities carried out under grant programs described in subsection (b), to the extent practicable, with Federal and State agencies and nonprofit organizations that are operating similar programs, to maximize the effect of public dollars in funding meritorious proposals.
Outreach activities
The Secretary shall establish and implement procedures to carry out outreach activities to advise potential end users of telehealth services in rural areas, frontier communities, medically underserved areas, and medically underserved populations in each State about the grant programs described in subsection (b).
Telehealth
It is the sense of Congress that, for purposes of this section, States should develop reciprocity agreements so that a provider of services under this section who is a licensed or otherwise authorized health care provider under the law of 1 or more States, and who, through telehealth technology, consults with a licensed or otherwise authorized health care provider in another State, is exempt, with respect to such consultation, from any State law of the other State that prohibits such consultation on the basis that the first health care provider is not a licensed or authorized health care provider under the law of that State.
Report
Not later than 4 years after , and every 5 years thereafter, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the activities and outcomes of the grant programs under subsection (b).
Authorization of appropriations
There are authorized to be appropriated to carry out this section $29,000,000 for each of fiscal years 2021 through 2025.
July 1, 1944, ch. 373 Pub. L. 107–251, title II, § 212116 Stat. 1632 Pub. L. 108–163, § 2(c)117 Stat. 2021 Pub. L. 113–55, title I, § 103(a)127 Stat. 642 Pub. L. 116–136, div. A, title III, § 3212134 Stat. 368 Pub. L. 117–103, div. P, title I, § 143136 Stat. 799 (, title III, § 330I, as added , , ; amended , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 117–103, § 143(1)2022—Subsec. (f)(3)(M). , added subpar. (M).
Pub. L. 117–103, § 143(2)Subsec. (h)(1)(B). , substituted “prenatal care, labor care, birthing care, or postpartum care” for “or prenatal care for high-risk pregnancies”.
Pub. L. 116–136, § 3212(1)(A)(i)2020—Subsec. (d)(1). , substituted “evidence-based projects that utilize telehealth technologies through telehealth networks” for “projects to demonstrate how telehealth technologies can be used through telehealth networks” in introductory provisions.
Pub. L. 116–136, § 3212(1)(A)(ii)Subsec. (d)(1)(A). , substituted “access to, and the quality of,” for “the quality of” and inserted “and” after semicolon.
Pub. L. 116–136, § 3212(1)(A)(iii)Subsec. (d)(1)(B), (C). –(v), redesignated subpar. (C) as (B), substituted “, patients, and their families” for “and patients and their families, for decisionmaking”, and struck out former subpar. (B) which read as follows: “improve and expand the training of health care providers; and”.
Pub. L. 116–136, § 3212(1)(B)Subsec. (d)(2). , substituted “support initiatives that utilize telehealth technologies” for “demonstrate how telehealth technologies can be used” and struck out “, to establish telehealth resource centers” before period at end.
Pub. L. 116–136, § 3212(2)Subsec. (e). , substituted “5 years” for “4 years”.
Pub. L. 116–136, § 3212(3)(B)Subsec. (f). , redesignated cls. (i) to (iii) of par. (1)(B) as pars. (1) to (3), respectively, and realigned margins; in par. (3), redesignated subcls. (I) to (XII) as subpars. (A) to (L), respectively, and realigned margins; and struck out heading of former par. (1), headings of former subpars. (A) and (B) of former par. (1), and text of former subpar. (A) which read as follows: “To be eligible to receive a grant under subsection (d)(1), an entity shall be a nonprofit entity.”
Pub. L. 116–136, § 3212(3)(A)Subsec. (f)(2). , struck out par. (2). Text read as follows: “To be eligible to receive a grant under subsection (d)(2), an entity shall be a nonprofit entity.”
Pub. L. 116–136, § 3212(3)(C)Subsec. (f)(3)(I). , inserted “and substance use disorder” after “mental health” in two places.
Pub. L. 116–136, § 3212(4)Subsec. (g)(2). , substituted “and improve” for “or improve”.
Pub. L. 116–136, § 3212(5)Subsec. (h). , (6), redesignated subsec. (i) as (h) and struck out former subsec. (h). Prior to amendment, text of subsec. (h) read as follows: “The Secretary shall establish the terms and conditions of each grant program described in subsection (b) and the maximum amount of a grant to be awarded to an individual recipient for each fiscal year under this section. The Secretary shall publish, in a publication of the Health Resources and Services Administration, notice of the application requirements for each grant program described in subsection (b) for each fiscal year.”
Pub. L. 116–136, § 3212(7)(A)(i)Subsec. (h)(1)(B). , substituted “mental health care, public health services, long-term care, home care, preventive care” for “mental health, public health, long-term care, home care, preventive”.
Pub. L. 116–136, § 3212(7)(A)(ii)Subsec. (h)(1)(E). , inserted “and regional” after “local”.
Pub. L. 116–136, § 3212(7)(A)(iii)Subsec. (h)(1)(F). , struck out subpar. (F). Text read as follows: “The eligible entity demonstrates that health care information has been integrated into the project.”
Pub. L. 116–136, § 3212(7)(B)Subsec. (h)(2)(A). , substituted “rural areas, medically underserved areas, or” for “medically underserved areas or”.
Pub. L. 116–136, § 3212(6)Subsec. (i). , redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Pub. L. 116–136, § 3212(8)Subsec. (i)(2). , substituted “ensure that not less than 50 percent of the funds awarded shall be awarded for projects in rural areas.” for “ensure that—
“(A) not less than 50 percent of the funds awarded shall be awarded for projects in rural areas; and
section 254c of this title“(B) the total amount of funds awarded for such projects for that fiscal year shall be not less than the total amount of funds awarded for such projects for fiscal year 2001 under (as in effect on the day before ).”
Pub. L. 116–136, § 3212(6)Subsec. (j). , redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).
Pub. L. 116–136, § 3212(9)(A)Subsec. (j)(1)(B). , struck out “computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other” before “equipment that furthers the objectives”.
Pub. L. 116–136, § 3212(9)(B)Subsec. (j)(2)(F). , struck out “health care providers and” before “consumers”.
Pub. L. 116–136, § 3212(6)lSubsec. (k). , redesignated subsec. () as (k). Former subsec. (k) redesignated (j).
Pub. L. 116–136, § 3212(10)(A)Subsec. (k)(2). , substituted “20 percent” for “40 percent”.
Pub. L. 116–136, § 3212(10)(B)Subsec. (k)(3). , struck out “(such as laying cable or telephone lines, or purchasing or installing microwave towers, satellite dishes, amplifiers, or digital switching equipment)” before semicolon at end.
loPub. L. 116–136, § 3212(6)lolSubsecs. () to (). , redesignated subsecs. (m) to (p) as () to (), respectively. Former subsec. () redesignated (k).
Pub. L. 116–136, § 3212(11)Subsec. (p). , added subsec. (p).
Pub. L. 116–136, § 3212(13)Subsec. (q). , substituted “this section $29,000,000 for each of fiscal years 2021 through 2025.” for “this section—
“(1) for grants under subsection (d)(1), $40,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006; and
“(2) for grants under subsection (d)(2), $20,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006.”
Pub. L. 116–136, § 3212(11), (12), redesignated subsec. (s) as (q) and struck out former subsec. (q). Prior to amendment, text of subsec. (q) read as follows: “Not later than , the Secretary shall prepare and submit to the appropriate committees of Congress a report on the progress and accomplishments of the grant programs described in subsection (b).”
Pub. L. 116–136, § 3212(11)Subsec. (r). , struck out subsec. (r). Text read as follows: “The Secretary shall issue regulations specifying, for purposes of this section, a definition of the term “frontier area”. The definition shall be based on factors that include population density, travel distance in miles to the nearest medical facility, travel time in minutes to the nearest medical facility, and such other factors as the Secretary determines to be appropriate. The Secretary shall develop the definition in consultation with the Director of the Bureau of the Census and the Administrator of the Economic Research Service of the Department of Agriculture.”
Pub. L. 116–136, § 3212(12)Subsec. (s). , redesignated subsec. (s) as (q).
Pub. L. 113–552013—Subsec. (i)(1)(B). substituted “case management services, or prenatal care for high-risk pregnancies” for “or case management services”.
Pub. L. 108–163, § 2(c)(1)2003—Subsec. (a)(4). , substituted “section 295p(6)” for “section 295p”.
Pub. L. 108–163, § 2(c)(2)Subsec. (c)(1). , substituted “Health Resources and Services Administration” for “Health and Resources and Services Administration”.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Pub. L. 108–163Pub. L. 107–251section 3 of Pub. L. 108–163section 233 of this titleAmendments by deemed to have taken effect immediately after the enactment of , see , set out as a note under .
Guidance on Furnishing Services Via Telehealth to Individuals With Limited English Proficiency
Pub. L. 119–75, div. J, title II, § 6213140 Stat. 653