[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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