[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5603 Reported in House (RH)]
<DOC>
Union Calendar No. 579
115th CONGRESS
2d Session
H. R. 5603
[Report No. 115-745, Part I]
To amend title XVIII of the Social Security Act to provide the
Secretary of Health and Human Services authority to waive certain
Medicare telehealth requirements in the case of certain treatment of an
opioid use disorder or co-occurring mental health disorder.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2018
Ms. Matsui (for herself and Mr. Cardenas) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
June 12, 2018
Additional sponsors: Mr. Johnson of Ohio, Mrs. Blackburn, Mr. Griffith,
Mr. Thompson of California, Mr. Walden, Mr. Mitchell, and Mr. Bost
June 12, 2018
Reported from the Committee on Energy and Commerce with amendments
[Strike out all after the enacting clause and insert the part printed
in italic]
June 12, 2018
The Committee on Ways and Means discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April
24, 2018]
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to provide the
Secretary of Health and Human Services authority to waive certain
Medicare telehealth requirements in the case of certain treatment of an
opioid use disorder or co-occurring mental health disorder.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Telehealth Services for
Substance Use Disorders Act''.
SEC. 2. AUTHORITY NOT TO APPLY CERTAIN MEDICARE TELEHEALTH REQUIREMENTS
IN THE CASE OF CERTAIN TREATMENT OF A SUBSTANCE USE
DISORDER OR CO-OCCURRING MENTAL HEALTH DISORDER.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in paragraph (2)(B)(i), by inserting ``and paragraph
(7)(E)'' after ``Subject to clause (ii)''; and
(2) by adding at the end the following new paragraphs:
``(7) Authority not to apply certain requirements in the
case of certain treatment of substance use disorder or co-
occurring mental health disorder.--
``(A) In general.--For purposes of payment under
this subsection, in the case of telehealth services
described in subparagraph (C) furnished on or after
January 1, 2020, to an eligible beneficiary (as defined
in subparagraph (F)) for the treatment of a substance
use disorder or a mental health disorder that is co-
occurring with a substance use disorder, the Secretary
is authorized to, through rulemaking, not apply any of
the requirements described in subparagraph (B).
``(B) Requirements described.--For purposes of this
paragraph, the requirements described in this
subparagraph are any of the following:
``(i) Qualifications for an originating
site under paragraph (4)(C)(ii).
``(ii) Geographic limitations under
paragraph (4)(C)(i).
``(C) Telehealth services described.--For purposes
of this paragraph, the telehealth services described in
this subparagraph are services that are both telehealth
services and identified by the Secretary, through
rulemaking, as services that are the most commonly
furnished (as defined by the Secretary) under this part
to individuals diagnosed with a substance use disorder
or a mental health disorder that is co-occurring with a
substance use disorder.
``(D) Clarification.--Nothing in this paragraph
shall be construed as limiting or otherwise affecting
the authority of the Secretary to limit or eliminate
the non-application pursuant to this paragraph of any
of the requirements under subparagraph (B).
``(E) Treatment of originating site facility fee.--
No facility fee shall be paid under paragraph (2)(B) to
an originating site with respect to a telehealth
service described in subparagraph (B) for which payment
is made under this subsection by reason of the non-
application of a requirement described in subparagraph
(B) pursuant to this paragraph if payment for such
service would not otherwise be permitted under this
subsection if such requirement were applied.
``(F) Eligible beneficiary defined.--For purposes
of this paragraph, the term `eligible beneficiary'
means an individual who--
``(i) is entitled to, or enrolled for,
benefits under part A and enrolled for benefits
under this part;
``(ii) has a diagnosis for a substance use
disorder; and
``(iii) meets such other criteria as the
Secretary determines appropriate.
``(G) Report.--Not later than 5 years after the
date of the enactment of this paragraph, the Secretary
shall submit to Congress a report on the impact of any
non-application under this paragraph of any of the
requirements described in subparagraph (B) on
``(i) the utilization of health care
services related to substance use disorder,
such as behavioral health services and
emergency department visits; and
``(ii) health outcomes related to substance
use disorder, such as substance use overdose
deaths.
``(H) Funding.--For purposes of carrying out this
paragraph, in addition to funds otherwise available,
the Secretary shall provide for the transfer, from the
Federal Supplementary Medical Insurance Trust Fund
under section 1841, of $3,000,000 to the Centers for
Medicare & Medicaid Services Program Management Account
to remain available until expended.
``(8) Rule of construction.--Nothing in this subsection may
be construed as waiving requirements under this title to comply
with applicable State law, including State licensure
requirements.''.
Amend the title so as to read: ``A bill to amend title
XVIII of the Social Security Act to provide the Secretary of
Health and Human Services authority not to apply certain
Medicare telehealth requirements in the case of certain
treatment of a substance use disorder or co-occurring mental
health disorder.''.
Union Calendar No. 579
115th CONGRESS
2d Session
H. R. 5603
[Report No. 115-745, Part I]
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to provide the
Secretary of Health and Human Services authority to waive certain
Medicare telehealth requirements in the case of certain treatment of an
opioid use disorder or co-occurring mental health disorder.
_______________________________________________________________________
June 12, 2018
Reported from the Committee on Energy and Commerce with amendments
June 12, 2018
The Committee on Ways and Means discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed