[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 340 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 340

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 22, 2021

 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 mental health 
                   services, 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 AND MENTAL 
              HEALTH SERVICES.

    (a) Substance Use Disorder Services and Mental Health Services 
Furnished Through Telehealth Under Medicare.--
            (1) In general.--Section 1834(m)(7)(A) of the Social 
        Security Act (42 U.S.C. 1395m(m)(7)(A)) is amended by adding at 
        the end the following: ``With respect to telehealth services 
        described in the preceding sentence that are furnished to an 
        eligible telehealth individual with a substance use disorder 
        diagnosis for purposes of treatment of such disorder or co-
        occurring mental health disorder on or after the date of the 
        enactment of the Telehealth Response for E-prescribing 
        Addiction Therapy Services Act, or, subject to subparagraph 
        (B), that are furnished to an eligible telehealth individual 
        for purposes of diagnosis, evaluation, or treatment of a mental 
        health disorder, on or after the first day after the end of the 
        emergency period described in section 1135(g)(1)(B), 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.''.
            (2) Implementation.--The Secretary of Health and Human 
        Services may implement this subsection by program instruction 
        or otherwise.
    (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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