,,ii  #aafth ,,congress  #b;d ,session  
,s4 #cgib  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ba1 #bjbj
 ,ms4 ,smith 7for herself and ,ms4      
,murkowski7 introduced the following    
bill2 which was read twice and referred 
to the ,committee on ,health1           
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to require parity in the       
coverage of mental health and substance 
use disorder services provided to       
enrollees in private insurance plans1   
whether such services are provided      
in-person or through telehealth4  #a4   
,short title ,this ,act may be cited as 
the ,tele-,mental ,health ,improvement  
,act4  #b4 ,coverage of telehealth      
mental health and substance use disorder
 services  7a7 ,in general ,during the  
public health emergency declared by the 
,secretary of ,health and ,human        
,services under section #cai of the     
,public ,health ,service ,act 7#db      
,u4,s4,c4 #bdg;d7 on ,january #ca1      
#bjbj1 with respect to ,,covid-#ai1 if a

 group health plan or group or          
individual health insurance coverage    
provides coverage of a mental health or 
substance use disorder service provided 
in-person1 the group health plan or     
health insurance issuer offering such   
group or individual health insurance    
coverage--  7#a7 shall provide coverage 
of the service provided through         
telehealth at the same rate as the      
coverage for the same service provided  
in-person2  7#b7 shall ensure that      
providers not charge enrollees facility 
fees2  7#c7 may not impose additional   
barriers on obtaining such coverage for 
such services through telehealth1       
compared to coverage for such services  
provided in-person1 such as a prior     
authorization requirements1 a           
requirement that the enrollee have a    
pre-existing relationship with the      
provider1 a requirement that a provider 
be present with the enrollee during the 
provision of services1 or any other     
financial requirement1 treatment        

limitation1 or utilization control      
policy or procedure2  7#d7 shall provide
 notice to enrollees1 informing such    
enrollees of how to access in-network   
telehealth mental health and substance  
use disorder services and the scope of  
their coverage2 and  7#e7 shall work    
with providers to ensure that telehealth
 services are provided to enrollees in  
compliance with1 as applicable1 the     
privacy regulations promulgated pursuant
 to section #bfd7;c7 of the ,health     
,insurance ,portability and             
,accountability ,act of #aiif 7#db      
,u4,s4,c4 #acbj;d-#b7 or privacy        
guidelines promulgated and implemented  
by the ,secretary of ,health and ,human 
,services during a public health        
emergency4  7b7 ,enforcement ,the       
provisions of subsection 7a7 shall be   
applied by the ,secretary of ,health and
 ,human ,services1 ,secretary of ,labor1
 and ,secretary of the ,treasury to     
group health plans and health insurance 
issuers offering group or individual    

health insurance coverage as if included
 in the provisions of part ,a of title  
,,xxvii of the ,public ,health ,service 
,act1 part #g of the ,employee          
,retirement ,income ,security ,act of   
#aigd1 and subchapter ,b of chapter #ajj
 of the ,internal ,revenue ,code of     
#aihf1 as applicable4  7c7              
,implementation ,the ,secretary of      
,health and ,human ,services1 ,secretary
 of ,labor1 and ,secretary of the       
,treasury may implement the provisions  
of this section through sub-regulatory  
guidance1 program instruction1 or       
otherwise4  7d7 ,definitions ,in this   
section--  7#a7 the terms group health  
plan1 health insurance issuer1 and      
health insurance coverage have the      
meanings given such terms in section    
#bgia of the ,public ,health ,service   
,act 7#db ,u4,s4,c4 #cjj;gg-#ia71       
section #gcc of the ,employee           
,retirement ,income ,security ,act of   
#aigd 7#bi ,u4,s4,c4 #aaia;b71 and      
section #ihcb of the ,internal ,revenue 

,code of #aihf1 as applicable2 and  7#b7
 the term telehealth services has the   
meaning given such term in section      
#ccj;,i7a7 of the ,public ,health       
,service ,act 7#db ,u4,s4,c4            
#bed;c-#ad7;a771 and includes #b-way    
video communication1 audio-only         
communication1 and written information  
shared by phone or email4  7e7 ,rule of 
construction ,nothing in this section   
shall prevent the application of any    
,state law that is not inconsistent with
 this section4  7f7 ,report to ,congress
 ,not later than #ahj days after the    
conclusion of the public health         
emergency described in subsection 7a71  
the ,secretary of ,health and ,human    
,services shall submit to the ,committee
 on ,health1 ,education1 ,labor1 and    
,pensions of the ,senate1 the ,committee
 on ,education and ,labor of the ,house 
of ,representatives1 and the ,committee 
on ,energy and ,commerce of the ,house  
of ,representatives on the impacts the  
requirement under subsection 7a7 has on 

the use of both telehealth services and 
health services provided in-person4