H.R. 8840
Fair Care Act of 2026
Sponsor: Bruce Westerman · 0 cosponsors
Official summary
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Text of the bill
I Modernization of health savings accounts
A Modernization of health savings accounts and contributions
B Assistance to health savings accounts
II Improving Private Health Insurance
A Maintaining Protections for Patients with Preexisting Conditions
B Expanding Coverage Options
C Improving Commercial Health Insurance
III Competition, Transparency and Accountability
A Provider and Insurer Competition
B Price Transparency
C Prescription Drug Competition and Innovation
D Prescription Drug and Pharmacy Benefit Manager Transparency
E Medicare and Medicaid Prescription Drug Reforms
F Medical Malpractice Reform
IV Medicare and Medicaid Reforms
A Medicaid Reforms
B Medicare Reforms
C Medicare Choice and Competition
D Telehealth Improvements and Expansion
(a) In general. Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended—
(1) in paragraph (4)(C)(i), by striking and (7) and inserting (7), and (8); and
(2) by adding at the end the following:
(8) Authority to waive requirements and limitations if certain conditions met
(A) In general. Notwithstanding the preceding provisions of this subsection, in the case of telehealth services furnished on or after January 1, 2026, the Secretary may waive any restriction applicable to payment for telehealth services under this subsection that is described in subparagraph (B), but only if the Secretary determines that such waiver would not deny or limit the coverage or provision of benefits under this title, and—
(i) the Secretary determines that the waiver is expected to reduce spending under this title without reducing the quality of care or improve the quality of patient care without increasing spending; or
(ii) the waiver would apply to telehealth services furnished in originating sites located in a high-need health professional shortage area (as designated pursuant to section 332(a)(1)(A) of the Public Health Service Act (42 U.S.C. 254e(a)(1)(A))).
(B) Restrictions described. For purposes of this paragraph, restrictions applicable to payment for telehealth services under paragraph (1) are—
(i) requirements relating to qualifications for an originating site under paragraph (4)(C)(ii);
(ii) any geographic limitations under paragraph (4)(C)(i) (other than applicable State law requirements, including State licensure requirements);
(iii) any limitation on the type of technology used to furnish telehealth services;
(iv) any limitation on the type of provider of services or supplier who may furnish telehealth services (other than the requirement that the provider of services or supplier is enrolled under this title);
(v) any limitation on specific services designated as telehealth services pursuant to this subsection (provided the Secretary determines that such services are clinically appropriate to furnish remotely); or
(vi) any other limitation relating to the furnishing of telehealth services under this title identified by the Secretary.
(C) Public comment. The Secretary shall establish a process by which stakeholders may (on at least an annual basis) provide public comment for waivers under this paragraph.
(D) Periodic review of waivers. The Secretary shall periodically, but not more often than every 3 years, reassess each waiver under this paragraph to determine whether the waiver continues to meet the conditions applicable under subparagraph (A).
(b) Posting of information. Not later than 2 years after the date on which a waiver under section 1834(m)(8) of the Social Security Act, as added by subsection (a), first becomes effective, and at least biennially thereafter, the Secretary of Health and Human Services shall post on the internet website of the Centers for Medicare & Medicaid Services—
(1) the number of Medicare beneficiaries receiving telehealth services by reason of each waiver under such section;
(2) the impact of such waivers on expenditures and utilization under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); and
(3) other outcomes, as determined appropriate by the Secretary.