,,ii  #aagth ,,congress  #ast ,session  
,s4 #ffj  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #aj1         
#bjba,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  7#a7        
,insurer requirements ,during the       
applicable period described in          
subsection 7g71 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-person 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-person 7with the same cost-sharing   
for enrollees and the same reimbursement
 rates for providers72  7,b7 shall      
ensure that providers not charge        
enrollees facility fees for such        
services provided through telehealth2   
7,c7 may not impose additional barriers 
to obtaining or providing such coverage 
for such services through telehealth1   
compared to coverage for such services  
provided in-person1 such as a prior     
authorization requirement that is more  
rigorous than for in-person visits2 and 
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         

coverage4  7#b7 ,provider requirements  
,during the applicable period described 
in subsection 7g71 if a provider of a   
mental health or substance use disorder 
service provides such services via      
telehealth to an enrollee in a group    
health plan or group or individual      
health insurance coverage1 the provider 
shall not charge such enrollee1 such    
group health plan1 or a health insurance
 issuer of such coverage facility fees  
for such services4  7b7 ,enforcement    
7#a7 ,insurer requirements ,the         
provisions of subsection 7a77#a7 shall  
be applied by the ,secretary of ,health 
and ,human ,services1 the ,secretary of 
,labor1 and the ,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 ,act 7#db ,u4,s4,c4    
#cjj;gg et seq471 part #g of subtitle ,b
 of title ,i of the ,employee           

,retirement ,income ,security ,act of   
#aigd 7#bi ,u4,s4,c4 #aaha et seq471 and
 subchapter ,b of chapter #ajj of the   
,internal ,revenue ,code of #aihf1 as   
applicable4  7#b7 ,provider requirements
 ,subsection 7a77#b7 shall be applied by
 the ,secretary of ,health and ,human   
,services and the ,secretary of ,labor  
to providers as if included in the      
provisions of part ,e of title ,,xxvii  
of the ,public ,health ,service ,act4   
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 and audio-only     
communication4  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  7g7
 ,applicable period ,the applicable     
period described in subsection 7a7 is   
the period beginning on the date of     
enactment of this ,act and ending on the
 date that is #ij days after 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     
expires4