[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4230 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4230

  To amend title XVIII of the Social Security Act to expand access to 
 mental health services and certain evaluation and management services 
        furnished through telehealth under the Medicare program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2020

   Mr. Wyden introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend title XVIII of the Social Security Act to expand access to 
 mental health services and certain evaluation and management services 
        furnished through telehealth under the Medicare program.

    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 Expansion Act of 2020''.

SEC. 2. EXPANDING ACCESS TO MENTAL HEALTH SERVICES AND CERTAIN 
              EVALUATION AND MANAGEMENT SERVICES FURNISHED THROUGH 
              TELEHEALTH.

    (a) Treatment of Mental Health Services Furnished Through 
Telehealth.--Paragraph (7) of section 1834(m) of the Social Security 
Act (42 U.S.C. 1395m(m)) is amended--
            (1) in the paragraph heading, by inserting ``and mental 
        health services'' after ``disorder services''; and
            (2) by inserting ``or, on or after the first day after the 
        end of the public health emergency described in section 
        1135(g)(1)(B), to an eligible telehealth individual for 
        purposes of diagnosis, evaluation, or treatment of a mental 
        health disorder, as determined by the Secretary,'' after ``as 
        determined by the Secretary,''.
    (b) Treatment of Certain Evaluation and Management Services 
Furnished Through Telehealth.--Such section 1834(m), as amended by 
subsection (a), is amended--
            (1) in paragraph (4)(C)--
                    (A) in clause (i), by striking ``and (7)'' and 
                inserting ``(7), and (9)''; and
                    (B) in clause (ii)(X), by inserting ``or paragraph 
                (9)(A)'' before the period; and
            (2) by adding at the end the following new paragraph:
            ``(9) Treatment of certain evaluation and management 
        services furnished through telehealth.--
                    ``(A) In general.--The geographic requirements 
                described in paragraph 4(C)(i) shall not apply with 
                respect to a telehealth service that is a medical visit 
                that is in the category of HCPCS evaluation and 
                management services for office and other outpatient 
                services and that is furnished on or after the first 
                day after the end of the public health emergency 
                described in section 1135(g)(1)(B), to an eligible 
                telehealth individual by a qualified provider, at an 
                originating site described in paragraph 4(C)(ii) (other 
                than an originating site described in subclause (IX) of 
                such paragraph).
                    ``(B) Definition of qualified provider.--For 
                purposes of this paragraph, the term `qualified 
                provider' means, with respect to a telehealth service 
                described in subparagraph (A) that is furnished to an 
                eligible telehealth individual, a physician or 
                practitioner who--
                            ``(i) furnished to such individual, during 
                        the 18-month period ending on the date the 
                        telehealth service was furnished, an item or 
                        service in person for which--
                                    ``(I) payment was made under this 
                                title; or
                                    ``(II) such payment would have been 
                                made if such individual were entitled 
                                to, or enrolled for, benefits under 
                                this title at the time such item or 
                                service was furnished; or
                            ``(ii) is in the same practice (as 
                        determined by tax identification number) as a 
                        physician or practitioner who furnished such an 
                        item or service in person to such individual 
                        during such period.''.
    (c) Implementation.--Notwithstanding any other provision of law, 
the Secretary may implement the provisions of, or amendments made by, 
this section by interim final rule, program instruction, or otherwise.
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