SEC. 1639. FACE TO FACE ENCOUNTER WITH PATIENT REQUIRED BEFORE PHYSICIANS MAY CERTIFY ELIGIBILITY FOR HOME HEALTH SERVICES OR DURABLE MEDICAL EQUIPMENT UNDER MEDICARE.

[a] Condition of Payment for Home Health Services-

[1] PART A- Section- 1814[a][2][C] of such Act is amended--

[A] by striking 'and such services' and inserting 'such services'; and

[B] by inserting after 'care of a physician' the following: ', and, in the case of a certification or recertification made by a physician after January 1, 2010, prior to making such certification the physician must document that the physician has had a face-to-face encounter [including through use of telehealth and other than with respect to encounters that are incident to services involved] with the individual during the 6-month period preceding such certification, or other reasonable timeframe as determined by the Secretary'.

[2] PART B- Section- 1835[a][2][A] of the Social Security Act is amended--

[A] by striking 'and' before '[iii]'; and

[B] by inserting after 'care of a physician' the following: ', and [iv] in the case of a certification or recertification after January 1, 2010, prior to making such certification the physician must document that the physician has had a face-to-face encounter [including through use of telehealth and other than with respect to encounters that are incident to services involved] with the individual during the 6-month period preceding such certification or recertification, or other reasonable timeframe as determined by the Secretary'.

[b] Condition of Payment for Durable Medical Equipment- Section- 1834[a][11][B] of the Social Security Act [42 U.S.C. 1395m[a][11][B]] is amended by adding at the end the following: 'and shall require that such an order be written pursuant to the physician documenting that the physician has had a face-to-face encounter [including through use of telehealth and other than with respect to encounters that are incident to services involved] with the individual involved during the 6-month period preceding such written order, or other reasonable timeframe as determined by the Secretary'.

[c] Application to Other Areas Under Medicare- The Secretary may apply the face-to-face encounter requirement described in the amendments made by subsections [a] and [b] to other items and services for which payment is provided under title XVIII of the Social Security Act based upon a finding that such an decision would reduce the risk of waste, fraud, or abuse.

[d] Application to Medicaid and CHIP- The requirements pursuant to the amendments made by subsections [a] and [b] shall apply in the case of physicians making certifications for home health services under title XIX or XXI of the Social Security Act, in the same manner and to the same extent as such requirements apply in the case of physicians making such certifications under title XVIII of such Act.