[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