[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4039 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4039

   To require the Secretary of Health and Human Services to provide 
   guidance to States regarding Federal reimbursement for furnishing 
    behavioral health services and treatment under Medicaid and the 
Children's Health Insurance Program using telehealth services, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2022

   Mr. Thune (for himself, Mr. Brown, and Mr. Cardin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of Health and Human Services to provide 
   guidance to States regarding Federal reimbursement for furnishing 
    behavioral health services and treatment under Medicaid and the 
Children's Health Insurance Program using telehealth 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 ``Medicaid Ensuring Necessary 
Telehealth is Available Long-term Health for Kids and Underserved Act'' 
or the ``MENTAL Health for Kids and Underserved Act''.

SEC. 2. GUIDANCE TO STATES ON FURNISHING BEHAVIORAL HEALTH SERVICES VIA 
              TELEHEALTH UNDER MEDICAID AND CHIP.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services, acting through the 
Administrator of the Centers for Medicare & Medicaid Services, shall 
issue guidance to States on the following:
            (1) State options for Federal reimbursement of expenditures 
        under Medicaid and the Children's Health Insurance Program for 
        furnishing clinically appropriate services and treatment for 
        behavioral health needs, including assessment, counseling, and 
        medication management, using telehealth services. Such options 
        shall include, to the extent appropriate, options for States to 
        receive Federal reimbursement for such expenditures without the 
        need for approval of a State plan amendment or waiver. Such 
        guidance shall also include guidance on furnishing services and 
        treatments that address the needs of high-risk individuals, 
        including racial and ethnic minorities, such as American 
        Indians and Alaska Natives.
            (2) State options for Federal reimbursement of expenditures 
        under Medicaid and the Children's Health Insurance Program for 
        furnishing clinically appropriate behavioral health services 
        and treatment to school-aged youth and teens enrolled in 
        Medicaid or the Children's Health Insurance Program using 
        telehealth services. Such options shall include, to the extent 
        appropriate, options for States to receive Federal 
        reimbursement for such expenditures without the need for 
        approval of a State plan amendment or waiver.
            (3) Best practices for integrating clinically appropriate 
        behavioral health provided via telehealth services covered by a 
        State plan for medical assistance under title XIX of the Social 
        Security Act (or a waiver of such a plan) or a State plan for 
        child health assistance under title XXI of such Act (or a 
        waiver of such a plan) into school-based settings, including 
        full-service community schools. Such best practices shall 
        include resources and information specifically for educators 
        and other school-based staff on how to recognize signs of 
        distress in high-risk students and make appropriate referrals 
        for school-based behavioral health services.
            (4) Best practices for evaluating how utilizing clinically 
        appropriate telehealth services for behavioral health services 
        and treatment affects outcomes, as well as costs.
            (5) Best practices for monitoring fraud, waste, and abuse 
        that may occur during behavioral health services furnished 
        through telehealth services covered under Medicaid and the 
        Children's Health Insurance Program.

SEC. 3. REPORT TO CONGRESS ON BEHAVIORAL HEALTH SERVICES UNDER MEDICAID 
              AND CHIP.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services shall submit to the Committee on 
Finance of the Senate and the Committee on Energy and Commerce of the 
House of Representatives a report on the impact of telehealth on 
access, cost, and quality of behavioral health services offered to 
beneficiaries under the Medicaid program and the Children's Health 
Insurance Program, including specific information on the impact of 
telehealth on access to and the quality of behavioral health services 
in schools.
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