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I
118TH CONGRESS
1ST SESSION H. R. 3432
To amend title XVIII of the Social Security Act to ensure coverage of
mental and behavioral health services furnished through telehealth.
IN THE HOUSE OF REPRESENTATIVES
MAY 17, 2023
Ms. MATSUI (for herself and Mr. JOHNSON of Ohio) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Ways and Means, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend title XVIII of the Social Security Act to ensure
coverage of mental and behavioral health services fur-
nished through telehealth.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Telemental Health
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Care Access Act of 2023’’.
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•HR 3432 IH
SEC. 2. ENSURING COVERAGE FOR MENTAL AND BEHAV-
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IORAL
HEALTH
SERVICES
FURNISHED
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THROUGH TELEHEALTH.
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(a) IN GENERAL.—Section 1834(m)(7) of the Social
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Security Act (42 U.S.C. 1395m(m)(7)) is amended—
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(1) by striking ‘‘MENTAL HEALTH SERVICES’’
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and all that follows through ‘‘The geographic’’ and
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inserting ‘‘MENTAL AND BEHAVIORAL HEALTH SERV-
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ICES FURNISHED THROUGH TELEHEALTH.—The ge-
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ographic’’;
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(2) by striking ‘‘subject to subparagraph (B),’’;
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(3) by inserting ‘‘, or for the provision of behav-
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ioral health services’’ after ‘‘or treatment of a men-
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tal health disorder’’; and
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(4) by striking subparagraph (B).
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(b) EFFECTIVE DATE.—The amendments made by
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subsection (a) shall take effect as if included in the enact-
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ment of section 123 of division CC of the Consolidated
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Appropriations Act, 2021 (Public Law 116–260).
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SEC. 3. STUDY AND REPORT ON UTILIZATION OF MENTAL
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AND BEHAVIORAL HEALTH SERVICES FUR-
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NISHED THROUGH TELEHEALTH.
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Not later than 1 year after the date of the enactment
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of this Act, the Secretary of Health and Human Services
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shall submit to Congress a report on the utilization of
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mental and behavioral health services furnished through
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•HR 3432 IH
telehealth under section 1834(m)(7) of such Act (42
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U.S.C. 1395m(m)(7)), that includes any recommendations
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of the Secretary regarding—
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(1) fraud or abuse prevention with respect to
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such services; and
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(2) additional funding that the Office of Inspec-
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tor General of the Department of Health and
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Human Services may require for purposes of con-
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ducting audits, investigations, and other oversight
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and enforcement activities with respect to the fur-
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nishing of such services.
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Æ
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