S. 3797 — Introduced in Senate

II 115th CONGRESS 2d Session S. 3797 IN THE SENATE OF THE UNITED STATES December 19, 2018Ms. Harris 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 provide for coverage under the Medicare program of certain mental health telehealth services. 1. Short title This Act may be cited as the Mental Health Telemedicine Expansion Act. 2. Medicare coverage of certain mental health telehealth services Section 1834(m) of the Social Security Act (42 U.S.C. 42 U.S.C. 1395m(m)) is amended— (1) in paragraph (4)(F)(i), by inserting services identified by CPT codes 90834 and 90837 (and as subsequently modified by the Secretary), before and any additional service; and (2) by adding at the end the following new paragraph: (8) Treatment of mental health telehealth services (A) Non-application of originating site requirements The requirements described in paragraph (4)(C) shall not apply with respect to telehealth services furnished on or after January 1, 2020, that are mental health telehealth services. Nothing in the previous sentence shall waive any applicable State law requirements. (B) Inclusion of certain sites With respect to telehealth services described in subparagraph (A), the term originating site shall include the home of the eligible telehealth individual at which the individual is located at the time the service is furnished via a telecommunications system. (C) No originating site facility fee No facility fee shall be paid under paragraph (2)(B) to an originating site with respect to a telehealth service described in subparagraph (A) if the originating site does not otherwise meet the requirements for an originating site under paragraph (4)(C). (D) In-person assessments required Payment may not be made for mental health telehealth services under this paragraph (if such payment would not otherwise be allowed under this subsection without application of this paragraph) furnished to an eligible telehealth individual unless— (i) prior to the provision of such mental health telehealth services, a physician or practitioner furnished an in-person assessment of the needs of such individual for such services; and (ii) a physician or practitioner furnishes a reassessment of the needs of such individual for such services at a frequency specified by the Secretary. (E) Mental health telehealth services defined For purposes of this paragraph, the term mental health telehealth service means services identified by CPT codes 90834 and 90837 (and as subsequently modified by the Secretary). .