[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4012 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4012

To amend title XVIII of the Social Security Act to permanently include 
 certain HCPCS codes as telehealth services under such title, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2021

Mr. Rosendale 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

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to permanently include 
 certain HCPCS codes as telehealth services under such title, 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 ``Expanding Access to Mental Health 
Services Act''.

SEC. 2. PERMANENT INCLUSION OF CERTAIN HCPCS CODES AS TELEHEALTH 
              SERVICES UNDER MEDICARE.

    Section 1834(m)(4)(F) of the Social Security Act (42 U.S.C. 
1395m(m)(4)(F)) is amended--
            (1) in clause (i), by inserting ``the HCPCS codes specified 
        in clause (iii),'' before ``, and''; and
            (2) by adding at the end the following new clause:
                            ``(iii) Specified hcpcs code.--For purposes 
                        of clause (i), beginning April 1, 2021, an 
                        HCPCS code specified in this clause is--
                                    ``(I) 90875, 96125, 96170, 96171, 
                                97151, 97152, 97153, 97154, 97155, 
                                97156, 97157, and 97158; and
                                    ``(II) 96127, 96130, 96131, 96132, 
                                96133, 96136, 96137, 96138, 96139, and 
                                96158.
                        With respect to telehealth services identified 
                        by HCPCS codes in subclause (II), the Secretary 
                        shall waive the requirements of paragraph (1) 
                        and section 410.78(a)(3) of title 42, Code of 
                        Federal Regulations (or any successor 
                        regulation), relating to the use of interactive 
                        telecommunications systems to furnish 
                        telehealth services, to the extent such 
                        provisions require the use of video technology, 
                        to allow for the furnishing of evaluation and 
                        management services, behavioral health 
                        counseling and educational services, and other 
                        services determined appropriate by the 
                        Secretary by a qualified provider using audio-
                        only technology, as determined by the Secretary 
                        based on whether it is clinically appropriate 
                        to furnish such services using audio-only 
                        technology and whether an in-person initial 
                        visit is required prior to the furnishing of 
                        such service using such technology.''.
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