[Congressional Record Volume 168, Number 62 (Thursday, April 7, 2022)]
[Senate]
[Page S2095]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself, Mr. Brown, and Mr. Cardin):
  S. 4039. 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; to the Committee on Finance.
  Mr. THUNE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4039

       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.
                                 ______