[Congressional Record Volume 170, Number 144 (Tuesday, September 17, 2024)]
[House]
[Pages H5308-H5309]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          TELEHEALTH ENHANCEMENT FOR MENTAL HEALTH ACT OF 2024

  Mrs. RODGERS of Washington. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 7858) to amend title XVIII of the Social 
Security Act to establish a Medicare incident to modifier for mental 
health services furnished through telehealth, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 7858

       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 Enhancement for 
     Mental Health Act of 2024'' or the ``TELEMH Act of 2024''.

     SEC. 2. ESTABLISHMENT OF MEDICARE INCIDENT TO MODIFIER FOR 
                   MENTAL HEALTH SERVICES FURNISHED THROUGH 
                   TELEHEALTH AND OTHER TELEHEALTH SERVICES.

       Section 1834(m) of the Social Security Act (42 U.S.C. 
     1395m(m)) is amended by adding at the end the following new 
     paragraph:
       ``(10) Required use of modifiers in certain instances.--Not 
     later than January 1, 2026, the Secretary shall establish 
     requirements to include a code or modifier, as determined 
     appropriate by the Secretary, in the case of claims for 
     telehealth services under this subsection that are billed 
     incident to a physician's or practitioner's professional 
     service.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Washington (Mrs. Rodgers) and the gentleman from New Jersey (Mr. 
Pallone) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Washington.


                             General Leave

  Mrs. RODGERS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and include extraneous material in the Record on the 
bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Washington?
  There was no objection.
  Mrs. RODGERS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I rise in support of H.R. 7858, the Telehealth 
Enhancement for Mental Health Act of 2024, led by the gentleman from 
Michigan (Mr. James), a valuable member of the House Energy and 
Commerce Committee.
  Mr. Speaker, Mr. James' legislation will put in place program 
integrity measures so that we can better understand the extent to which 
telehealth is working for patients on Medicare.
  Over the past several years, telehealth has proven itself to be a 
vital way for patients to access care, especially in rural communities. 
Telehealth services are still being used widely among Medicare 
beneficiaries compared to prepandemic levels. Evaluation and management 
services, such as doctors' visits and following up to imaging, have 
accounted for nearly all of telehealth spending in Medicare.
  As Congress works to continue allowing seniors to access telehealth 
through Medicare, this bill will implement a key recommendation from 
the Department of Health and Human Services inspector general to 
increase transparency and allow more detailed data collection on types 
of providers performing telehealth services.
  This will help ensure Medicare beneficiaries are not just benefiting 
from expanded access and quality care, but the best value these 
technologies have to offer.
  Mr. Speaker, I encourage my colleagues to support this bill, and I 
reserve the balance of my time.

                                         House of Representatives,


                             Committee on Energy and Commerce,

                               Washington, DC, September 11, 2024.
     Hon. Jason Smith,
     Chair, Committee on Ways and Means,
     Washington, DC.
       Dear Chair Smith: I write regarding H.R. 7858, the ``TELEMH 
     Act of 2024,'' which was referred in addition to the 
     Committee on Ways and Means.
       I ask that the Committee forgo action on the bill so that 
     it may be scheduled for consideration on the House floor. 
     This concession would in no way affect the Committee's 
     jurisdiction over the subject matter of the bill. In 
     addition, should a conference on the bill be necessary, I 
     would support the Committee's request for conferees on the 
     conference committee. Finally, I would be pleased to include 
     this letter and your response in the Congressional Record 
     during debate on the bill.
       Thank you for your consideration of my request and for the 
     extraordinary cooperation shown by you and your staff over 
     matters of shared jurisdiction. I look forward to further 
     opportunities to work with you this Congress.
           Sincerely,
                                           Cathy McMorris Rodgers,
     Chair.
                                  ____

                                         House of Representatives,


                                  Committee on Ways and Means,

                               Washington, DC, September 11, 2024.
     Hon. Cathy McMorris Rodgers,
     Chair, Committee on Energy and Commerce,
     Washington, DC.
       Dear Chair McMorris Rodgers: Thank you for your letter 
     regarding H.R. 7858, the ``TELEMH Act of 2024.'' As you 
     noted, the Committee on Ways and Means was granted an 
     additional referral on this bill. I agree to forego action on 
     this bill so that it may proceed expeditiously to the House 
     floor for consideration.
       The Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 7858 at 
     this time, we do not waive any jurisdiction over subject 
     matter contained in this bill or similar legislation, and 
     that our Committee will be appropriately consulted and 
     involved as the bill or similar legislation moves forward so 
     that we may address any remaining issues in our jurisdiction. 
     Our Committee also reserves the right to seek appointment of 
     an appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation, and asks 
     that you support any such request.
       Finally, I would ask that a copy of our exchange of letters 
     on this matter be included in the Congressional Record during 
     floor consideration of H.R. 7858.
           Sincerely,
                                                      Jason Smith,
                                                         Chairman.

  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 7858, the Telehealth 
Enhancement for Mental Health Act.
  This bill directs the Secretary of Health and Human Services to 
develop a modifier on claims submitted to Medicare for mental health 
services furnished through telehealth. This modifier will allow the 
Centers for Medicare & Medicaid Services to identify when mental health 
services are being provided virtually by different types of providers 
and will help ensure beneficiaries receiving mental health support 
remotely can access care when they need it.

[[Page H5309]]

  We know that mental health care is healthcare. In the face of an 
ongoing mental health and substance use disorder epidemic, it is 
critical that Medicare beneficiaries are able to access behavioral and 
mental health services virtually.
  This bill will ensure Medicare beneficiaries enjoy continued access 
to high-quality telemental health services from a range of qualified 
providers.
  Mr. Speaker, I urge my colleagues to join me in voting ``yes'' on 
H.R. 7858, and I reserve the balance of my time.
  Mrs. RODGERS of Washington. Mr. Speaker, I yield 5 minutes to the 
gentleman from Michigan (Mr. James).
  Mr. JAMES. Mr. Speaker, I thank the gentlewoman from Washington (Mrs. 
Rodgers), my chairwoman, friend, and mentor, for her stellar leadership 
and for giving me a shot.
  One of the big reasons why I ran for Congress in the first place was 
to help people, and this bill, with strong bipartisan support, is going 
to take another step in helping everyday Americans.
  I rise today to speak about my critical bill, H.R. 7858, the 
Telehealth Enhancement for Mental Health Act of 2024. At a time when 
mental health needs are soaring, this bill will revolutionize access to 
mental health care by ushering transformative changes to Medicare 
reimbursement policies for mental health services provided for by 
telehealth.
  It will modernize healthcare delivery by establishing a new modifier, 
or code, tailored explicitly for telehealth-delivered mental health 
services.
  In layman's terms, in normal people's terms, it is hard out there. It 
is tough out there, and Americans need and deserve help from the folks 
that they sent here to represent them. Simply, this bill is a critical 
step toward realizing the full potential of telehealth in delivering 
these vital mental health services to Americans who are at their wits 
end.
  By introducing a specific modifier for telehealth-based mental health 
services, we are not only streamlining the billing and reimbursement 
processes, cutting red tape, but also amplifying access for those in 
need regardless of their geographic barriers or their economic 
abilities.
  Mr. Speaker, this is a no-brainer. Right now, our Nation is 
experiencing a hopelessness crisis, and this bipartisan legislation 
will allow millions to get the care that they need right when and where 
they need it.
  The bottom line is this legislation is going to save lives, and I ask 
all of my colleagues to please support this commonsense, bipartisan 
legislation.
  Mrs. RODGERS of Washington. Mr. Speaker, I am prepared to close, and 
I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, again, now, we are dealing with another 
important telehealth bill for mental health services, and I urge my 
colleagues to support this bill, as well, on both sides of the aisle, 
and I yield back the balance of my time.
  Mrs. RODGERS of Washington. Mr. Speaker, in closing, I urge a ``yes'' 
vote, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Washington (Mrs. Rodgers) that the House suspend the 
rules and pass the bill, H.R. 7858, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to amend 
title XVIII of the Social Security Act to establish a Medicare incident 
to modifier for mental health services furnished through telehealth and 
other telehealth services.''.
  A motion to reconsider was laid on the table.

                          ____________________