[Congressional Record Volume 168, Number 39 (Thursday, March 3, 2022)]
[Senate]
[Pages S996-S997]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4974. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 3076, to provide stability to and enhance the 
services of the United States Postal Service, and

[[Page S997]]

for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

             TITLE IV--EASE BEHAVIORAL HEALTH SERVICES ACT

     SEC. 401. FINDINGS.

       Congress finds as follows:
       (1) Nearly 18 percent of adults in the United States 
     reported a mental, behavioral, or emotional disorder in 2015.
       (2) Children are also significantly impacted. According to 
     the Centers for Disease Control and Prevention, 1 in 6 
     children ages 2 years through 8 years have a diagnosed 
     mental, behavioral, or developmental disorder, indicating 
     that disorders begin in early childhood and affect lifelong 
     health.
       (3) Moreover, 1 in 7 children and adolescents have at least 
     one treatable mental health disorder.
       (4) There is a critical link between mental health and 
     substance use disorders. According to the Substance Abuse and 
     Mental Health Services Administration, 1 in 4 adults with 
     severe mental illness had a substance use disorder in 2017.
       (5) Moreover, children who have had a major depressive 
     episode are more than twice as likely to use illicit drugs.
       (6) In 2017, approximately 19.7 million people aged 12 
     years or older had a substance use disorder related to their 
     use of alcohol or illicit drugs in the past year.
       (7) Despite this overwhelming need, access to behavioral 
     health services remains among the most pressing health care 
     challenges in our country.
       (8) An estimated 56 percent of Americans with a mental 
     health disorder did not receive treatment in 2017.
       (9) Similarly, half of children and adolescents did not 
     receive treatment for their mental health disorder in 2016.
       (10) Further complicating access to care, as demand for 
     behavioral health services increases in communities across 
     the United States, the number of psychiatrists available to 
     treat them continues to decline.
       (11) The population of practicing psychiatrists declined by 
     more than 10 percent between the period of 2003 through 2013, 
     while the population of primary care physicians and 
     neurologists grew during the same period.
       (12) Technology has evolved to connect individuals to 
     health care services in new ways, including via telehealth.
       (13) Moreover, studies show that video visits are an 
     effective strategy to provide mental health treatment to 
     children and, in fact, may be preferable in some cases.
       (14) During the 115th Congress, Congress recognized the 
     potential of telehealth to ensure that those in urgent need 
     of substance use disorder treatment receive the care they 
     require.
       (15) As passed and signed into law, sections 2001 and 1009 
     of the SUPPORT for Patients and Communities Act (Public Law 
     115-271) expands the use of telehealth services for the 
     treatment of opioid use disorder and other substance use 
     disorders.
       (16) It is widely recognized that there is a close 
     relationship between mental health and substance use 
     disorders.

     SEC. 402. MEDICARE TREATMENT OF BEHAVIORAL HEALTH SERVICES 
                   FURNISHED THROUGH TELEHEALTH.

       Section 1834(m) of the Social Security Act (42 U.S.C. 
     1395m(m)) 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)--
       (i) by striking ``or telehealth services'' and inserting 
     ``, telehealth services''; and
       (ii) by inserting ``or telehealth services described in 
     paragraph (9)'' before the period at the end; and
       (2) by adding at the end the following new paragraph:
       ``(9) Treatment of behavioral health services furnished 
     through telehealth.--The geographic requirements described in 
     paragraph (4)(C)(i) shall not apply with respect to 
     telehealth services that are behavioral health services 
     furnished on or after the date of the enactment of this 
     paragraph, to eligible telehealth individuals, including 
     initial patient evaluations, follow-up medical management, 
     and other behavioral health services, as determined by the 
     Secretary, at an originating site described in paragraph 
     (4)(C)(ii) (other than an originating site described in 
     subclause (IX) of such paragraph).''.

     SEC. 403. MEDICAID MENTAL AND BEHAVIORAL HEALTH TREATMENT 
                   THROUGH TELEHEALTH.

       Section 1009 of the SUPPORT for Patients and Communities 
     Act (Public Law 115-271) is amended--
       (1) in subsection (b)--
       (A) in the header, by striking ``Treatment for Substance 
     Use Disorders'' and inserting ``Treatment for Substance Use 
     Disorders and Mental Health Disorders and Behavioral Health 
     Disorders'';
       (B) in the matter preceding paragraph (1), by striking 
     ``Not later than 1 year after the date of enactment of this 
     Act, the Secretary'' and inserting ``The Secretary'';
       (C) in paragraph (1)--
       (i) by striking ``treatment for substance use disorders'' 
     and inserting ``treatment for substance use disorders and 
     mental health disorders and behavioral health disorders''; 
     and
       (ii) by inserting ``psychotherapy,'' after ``counseling,'';
       (D) in paragraph (2), by inserting ``or mental health 
     disorders and behavioral health disorders'' after ``substance 
     use disorders'';
       (E) in paragraph (3), by inserting ``and mental health 
     disorders and behavioral health disorders'' after ``substance 
     use disorders''; and
       (F) by adding at the end, below and after paragraph (3), 
     the following flush left text:
     ``The Secretary shall issue the guidance under this 
     subsection not later than 1 year after the date of the 
     enactment of this Act, with respect to the matters described 
     in the previous provisions of this subsection relating to 
     substance use disorders, and not later than 2 years after the 
     date of the enactment of this Act, with respect to the 
     matters described in such previous provisions relating to 
     mental health disorders and behavioral health disorders.'';
       (2) in subsection (c)--
       (A) in the header, by striking ``Treatment for Substance 
     Use Disorders'' and inserting ``Treatment for Substance Use 
     Disorders and Mental Health Disorders and Behavioral Health 
     Disorders'';
       (B) in paragraph (1), by striking ``treatment for substance 
     use disorders'' and inserting ``treatment for substance use 
     disorders and mental health disorders and behavioral health 
     disorders'' each place it appears; and
       (C) in paragraph (2)--
       (i) by inserting ``with respect to substance use 
     disorders,'' after ``paragraph (1),''; and
       (ii) by adding at the end the following new sentence: ``Not 
     later than 2 years after the date of enactment of this Act, 
     the Comptroller General shall submit to Congress a report 
     containing the results of the evaluation conducted under 
     paragraph (1), with respect to mental health disorders and 
     behavioral health disorders, together with recommendations 
     for such legislation and administrative action as the 
     Comptroller General determines appropriate.''; and
       (3) in subsection (d)(1)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``and mental health disorders and behavioral health 
     disorders'' after ``substance use disorders'';
       (B) in subparagraph (A), by inserting ``, and mental health 
     disorders and behavioral health disorders'' after ``opioid 
     use disorder''; and
       (C) in subparagraph (B), by inserting ``and mental health 
     disorders and behavioral health disorders'' after ``substance 
     use disorders''.

     SEC. 404. EFFECTIVE DATE.

       The amendments made by this title shall take effect as is 
     included in the enactment of the SUPPORT for Patients and 
     Communities Act.
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