,i  #aaeth ,,congress  #b;d ,session    
,h4 ,r4 #efjc  ,,in ,,the ,,house ,,of  
,,representatives  ,april #bd1 #bjah    
,ms4 ,matsui 7for herself and ,mr4      
,crdenas7 introduced the following bill2
 which was referred to the ,committee on
 ,energy and ,commerce1 and in addition 
to the ,committee on ,ways and ,means1  
for a period to be subsequently         
determined by the ,speaker1 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 provide the ,secretary
 of ,health and ,human ,services        
authority to waive certain ,medicare    
telehealth requirements in the case of  
certain treatment of an opioid use      
disorder or co-occurring mental health  
disorder4  #a4 ,short title ,this ,act  
may be cited as the ,access to          
,telehealth ,services for ,opioid ,use  
,disorders ,act4  #b4 ,authority to     
waive certain ,medicare telehealth      

requirements in the case of certain     
treatment of an opioid use disorder or  
co-occurring mental health disorder     
,section #ahcd7m7 of the ,social        
,security ,act 7#db ,u4,s4,c4 #aciem7m77
 is amended--  7#a7 in paragraph        
7#b77;,b77i71 by inserting and paragraph
 7#g77;,e7 after subject to clause 7ii72
 and  7#b7 by adding at the end the     
following new paragraph3  7#g7          
,authority to waive certain requirements
 in the case of certain treatment of    
opioid use disorder or co-occurring     
mental health disorder  7,a7 ,in general
 ,for purposes of payment under this    
subsection1 in the case of telehealth   
services furnished on or after ,january 
#a1 #bjai1 to an eligible beneficiary   
7as defined in subparagraph 7,f77i77 for
 the treatment of an opioid use disorder
 or a mental health disorder that is    
co-occurring with an opioid use         
disorder1 the ,secretary may waive any  
of the requirements described in        
subparagraph 7,b7 if the conditions     

described in clauses 7i71 7ii71 and     
7iii7 of subparagraph 7,d7 are met with 
respect to such waiver4  7,b7           
,requirements described ,for purposes of
 this paragraph1 the requirements       
described in this subparagraph include--
 7i7 requirements relating to           
qualifications for an originating site  
under paragraph 7#d77;,c77ii72  7ii7    
geographic limitations under paragraph  
7#d77;,c77i7 7other than applicable     
,state law requirements1 including      
,state licensure requirements72 and     
7iii7 any limitation on the use of      
store-and-forward technologies described
 in paragraph 7#a74  7,c7               
,identification of part ,b codes for    
application of waivers  7i7 ,in general 
,not later than #f months after the date
 of the enactment of this paragraph1 the
 ,secretary shall review evidence       
related to codes under this part for    
telehealth services for the treatment of
 substance abuse and behavioral health  
that have been approved by the ,centers 

for ,medicare  ,medicaid ,services as   
part of the process established under   
paragraph 7#d77;,f77ii7 for purposes of 
determining the codes for which a waiver
 applied under this paragraph would meet
 one or more of the conditions described
 in subparagraph 7,b74 ,in carrying out 
this clause1 particular priority should 
be given to reviewing evidence related  
to codes for behavioral health services 
that would be appropriate to provide to 
individuals receiving treatment from an 
opioid agonist treatment practitioner4  
7ii7 ,annual review process ,the        
,secretary shall review evidence        
pertaining to substance abuse and       
behavioral health codes as part of the  
annual process under paragraph          
7#d77;,f77ii7 to determine if a waiver  
may be granted4  7,d7 ,conditions for   
waiver ,for purposes of subparagraph    
7,a71 the conditions described in this  
subparagraph1 with respect to a waiver  
of any requirement described in         
subparagraph 7,b71 are each of the      

following3  7i7 ,the ,secretary         
determines that the application of the  
waiver is expected to-- 7,i7 reduce     
spending under this title without       
reducing the quality of care2  7,,ii7   
improve the quality of care without     
increasing spending2 or  7,,iii7        
increase access to behavioral health and
 substance use services for individuals 
with opioid use disorders4  7ii7 ,the   
,chief ,actuary of the ,centers for     
,medicare  ,medicaid ,services certifies
 that the condition described in clause 
7i7 or 7iii7 is met4  7iii7 ,the        
,secretary determines that such waiver  
would not deny or limit the coverage or 
provision of benefits under this title  
for individuals4  7,e7 ,treatment of    
originating site facility fee ,no       
facility fee shall be paid under        
paragraph 7#b77;,b7 to an originating   
site with respect to a telehealth       
service for which payment is made under 
this subsection by reason of a waiver   
under this paragraph if payment for such

 service would not be permitted under   
this subsection without such waiver4    
7,f7 ,definitions ,for purposes of this 
paragraph3 7i7 ,eligible beneficiary    
,the term eligible beneficiary means an 
individual who--  7,i7 is entitled to   
benefits under part ,a and enrolled for 
benefits under this part2  7,,ii7 is not
 enrolled in a ,medicare ,advantage plan
 under part ,c2  7,,iii7 has a diagnosis
 for an opioid use disorder2 and  7,,iv7
 meets such other criteria as the       
,secretary determines appropriate4  7ii7
 ,opioid agonist treatment practitioner 
,the term opioid agonist treatment      
practitioner means a practitioner who-- 
7,i7 is enrolled under section          
#ahff7;j72 and  7,,ii7 is authorized to 
prescribe or dispense opioid agonist    
treatment medication for maintenance or 
detoxification treatment pursuant to a  
waiver under section #cjc7;g77#b7 of the
 ,controlled ,substances ,act4  7,g7    
,report ,not later than #e years after  
the date of the enactment of this       

paragraph1 the ,secretary shall submit  
to ,congress a report on the impact of  
any waivers granted under this paragraph
 on--  7i7 any change in utilization    
rates for behavioral health services for
 opioid use disorders2  7ii7 any change 
in rates or average length of time of   
retention in treatment for opioid use   
disorders2  7iii7 any change in         
emergency department visits related to  
opioid overdoses2 and  7iv7 any change  
in overdose deaths related to opioids   
abuse4  7,h7 ,funding ,for purposes of  
carrying out this paragraph1 in addition
 to funds otherwise appropriated1 the   
,secretary shall provide for the        
transfer1 from the ,federal             
,supplementary ,medical ,insurance      
,trust ,fund under section #ahda1 of    
#b1jjj1jjj to the ,centers for ,medicare
  ,medicaid ,services ,program          
,management ,account4  4