[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4103 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4103

To amend title XVIII of the Social Security Act to increase the use of 
    telehealth for substance use disorder treatment, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2020

 Mr. Portman (for himself and Mr. Whitehouse) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to increase the use of 
    telehealth for substance use disorder treatment, and for other 
                               purposes.

    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 ``Telehealth Response for E-
prescribing Addiction Therapy Services Act'' or ``TREATS Act''.

SEC. 2. TELEHEALTH FOR SUBSTANCE USE DISORDER TREATMENT.

    (a) Substance Use Disorder Services Furnished Through Telehealth 
Under Medicare.--Section 1834(m)(7) of the Social Security Act (42 
U.S.C. 1395m(m)(7)) is amended by adding at the end the following: 
``With respect to telehealth services described in the preceding 
sentence that are furnished on or after January 1, 2020, nothing shall 
preclude the furnishing of such services through audio or telephone 
only technologies in the case where a physician or practitioner has 
already conducted an in-person medical evaluation or a telehealth 
evaluation that utilizes both audio and visual capabilities with the 
eligible telehealth individual.''.
    (b) Controlled Substances Dispensed by Means of the Internet.--
Section 309(e)(2) of the Controlled Substances Act (21 U.S.C. 
829(e)(2)) is amended--
            (1) in subparagraph (A)(i)--
                    (A) by striking ``at least 1 in-person medical 
                evaluation'' and inserting the following: ``at least--
                                    ``(I) 1 in-person medical 
                                evaluation''; and
                    (B) by adding at the end the following:
                                    ``(II) for purposes of prescribing 
                                a controlled substance in schedule III 
                                or IV, 1 telehealth evaluation; or''; 
                                and
            (2) by adding at the end the following:
                    ``(D)(i) The term `telehealth evaluation' means a 
                medical evaluation that is conducted in accordance with 
                applicable Federal and State laws by a practitioner 
                (other than a pharmacist) who is at a location remote 
                from the patient and is communicating with the patient 
                using a telecommunications system referred to in 
                section 1834(m) of the Social Security Act (42 U.S.C. 
                1395m(m)) that includes, at a minimum, audio and video 
                equipment permitting two-way, real-time interactive 
                communication between the patient and distant site 
                practitioner.
                    ``(ii) Nothing in clause (i) shall be construed to 
                imply that 1 telehealth evaluation demonstrates that a 
                prescription has been issued for a legitimate medical 
                purpose within the usual course of professional 
                practice.
                    ``(iii) A practitioner who prescribes the drugs or 
                combination of drugs that are covered under section 
                303(g)(2)(C) using the authority under subparagraph 
                (A)(i)(II) of this paragraph shall adhere to nationally 
                recognized evidence-based guidelines for the treatment 
                of patients with opioid use disorders and a diversion 
                control plan, as those terms are defined in section 8.2 
                of title 42, Code of Federal Regulations, as in effect 
                on the date of enactment of this subparagraph.''.
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