Mental and Behavioral Health Connectivity Act

II 116TH CONGRESS 2D SESSION S. 3999 To amend title XVIII of the Social Security Act to ensure access to mental health and behavioral health services furnished through telehealth under the Medicare program. IN THE SENATE OF THE UNITED STATES JUNE 18, 2020 Mr. KING (for himself and Mr. YOUNG) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to ensure access to mental health and behavioral health services furnished through telehealth under the Medicare pro- gram. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Mental and Behavioral 4 Health Connectivity Act’’. 5 VerDate Sep 11 2014 22:08 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3999.IS S3999 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 3999 IS SEC. 2. ENSURING ACCESS TO MENTAL HEALTH AND BE- 1 HAVIORAL HEALTH SERVICES FURNISHED 2 THROUGH TELEHEALTH. 3 Section 1834(m) of the Social Security Act (42 4 U.S.C. 1395m(m)) is amended by adding at the end the 5 following new paragraph: 6 ‘‘(9) ENSURING ACCESS TO MENTAL HEALTH 7 AND BEHAVIORAL HEALTH SERVICES FURNISHED 8 THROUGH TELEHEALTH.— 9 ‘‘(A) IN GENERAL.—The following require- 10 ments shall not apply with respect to telehealth 11 services that are mental health or behavioral 12 health services, as determined by the Secretary, 13 furnished on or after January 1, 2021, to an el- 14 igible telehealth individual: 15 ‘‘(i) The requirements described in 16 paragraph (4)(C) (relating to geographic 17 and site requirements for originating 18 sites). 19 ‘‘(ii) The requirements described in 20 paragraph (4)(E) and section 410.78(b)(2) 21 of title 42, Code of Federal Regulations, or 22 any successor regulations (relating to the 23 types of practitioners that may furnish 24 telehealth services at a distant site). 25 VerDate Sep 11 2014 22:08 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3999.IS S3999 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 3999 IS ‘‘(iii) The requirements described in 1 paragraph (1) and section 410.78(a)(3) of 2 title 42, Code of Federal regulations, or 3 any successor regulations (relating to use 4 of interactive telecommunications systems 5 to furnish telehealth services), but only to 6 the extent that such provisions require use 7 of video technology in order to allow for 8 the use of audio-only equipment. 9 ‘‘(B) NO FACILITY FEE IF ORIGINATING 10 SITE IS THE HOME.—In accordance with clause 11 (ii) of paragraph (2)(B), no facility fee shall be 12 paid under such paragraph to an originating 13 site with respect to a telehealth service de- 14 scribed in subparagraph (A) if the originating 15 site is the home of an individual.’’. 16 Æ VerDate Sep 11 2014 22:08 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S3999.IS S3999 pbinns on DSKJLVW7X2PROD with BILLS