Enhance Access to Support Essential Behavioral Health Services Act or the EASE Behavioral Health Services Act
This bill removes restrictions that require the originating site (i.e., the location of the beneficiary) to be in a rural area, and allows the home of a beneficiary to serve as the originating site, for behavioral health telehealth services under Medicare. The bill also expands the scope of required guidance, studies, and reports to address the provision of such services under Medicaid.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5473 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5473
To amend title XVIII of the Social Security Act and the SUPPORT for
Patients and Communities Act to provide for Medicare and Medicaid
mental and behavioral health treatment through telehealth.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 18, 2019
Mr. Bilirakis (for himself and Mr. Soto) 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
subsequently 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 and the SUPPORT for
Patients and Communities Act to provide for Medicare and Medicaid
mental and behavioral health treatment through telehealth.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhance Access to Support Essential
Behavioral Health Services Act'' or the ``EASE Behavioral Health
Services Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Nearly 18 percent of adults in the United States
reported a mental, behavioral, or emotional disorder in 2015.
(2) Children are also significantly impacted. According to
the Centers for Disease Control and Prevention, 1 in 6 children
ages 2 years through 8 years have a diagnosed mental,
behavioral, or developmental disorder, indicating that
disorders begin in early childhood and affect lifelong health.
(3) Moreover, 1 in 7 children and adolescents have at least
one treatable mental health disorder.
(4) There is a critical link between mental health and
substance use disorders. According to the Substance Abuse and
Mental Health Services Administration, 1 in 4 adults with
severe mental illness had a substance use disorder in 2017.
(5) Moreover, children who have had a major depressive
episode are more than twice as likely to use illicit drugs.
(6) In 2017, approximately 19.7 million people aged 12
years or older had a substance use disorder related to their
use of alcohol or illicit drugs in the past year.
(7) Despite this overwhelming need, access to behavioral
health services remains among the most pressing health care
challenges in our country.
(8) An estimated 56 percent of Americans with a mental
health disorder did not receive treatment in 2017.
(9) Similarly, half of children and adolescents did not
receive treatment for their mental health disorder in 2016.
(10) Further complicating access to care, as demand for
behavioral health services increases in communities across the
United States, the number of psychiatrists available to treat
them continues to decline.
(11) The population of practicing psychiatrists declined by
more than 10 percent between the period of 2003 through 2013,
while the population of primary care physicians and
neurologists grew during the same period.
(12) Technology has evolved to connect individuals to
health care services in new ways, including via telehealth.
(13) Moreover, studies show that video visits are an
effective strategy to provide mental health treatment to
children and, in fact, may be preferable in some cases.
(14) During the 115th Congress, Congress recognized the
potential of telehealth to ensure that those in urgent need of
substance use disorder treatment receive the care they require.
(15) As passed and signed into law, sections 2001 and 1009
of the SUPPORT for Patients and Communities Act (Public Law
115-271) expands the use of telehealth services for the
treatment of opioid use disorder and other substance use
disorders.
(16) It is widely recognized that there is a close
relationship between mental health and substance use disorders.
SEC. 3. MEDICARE TREATMENT OF BEHAVIORAL HEALTH SERVICES FURNISHED
THROUGH TELEHEALTH.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in paragraph (4)(C)--
(A) in clause (i), by striking ``and (7)'' and
inserting ``(7), and (8)''; and
(B) in clause (ii)(X)--
(i) by striking ``or telehealth services''
and inserting ``, telehealth services''; and
(ii) by inserting ``or telehealth services
described in paragraph (8)'' before the period
at the end; and
(2) by adding at the end the following new paragraph:
``(8) Treatment of behavioral health services furnished
through telehealth.--The geographic requirements described in
paragraph (4)(C)(i) shall not apply with respect to telehealth
services that are behavioral health services furnished on or
after July 1, 2020, to eligible telehealth individuals,
including initial patient evaluations, follow-up medical
management, and other behavioral health services, as determined
by the Secretary, at an originating site described in paragraph
(4)(C)(ii) (other than an originating site described in
subclause (IX) of such paragraph).''.
SEC. 4. MEDICAID MENTAL AND BEHAVIORAL HEALTH TREATMENT THROUGH
TELEHEALTH.
Section 1009 of the SUPPORT for Patients and Communities Act
(Public Law 115-271) is amended--
(1) in subsection (b)--
(A) in the header, by striking ``treatment for
substance use disorders'' and inserting ``treatment for
substance use disorders and mental health disorders and
behavioral health disorders'';
(B) in the matter preceding paragraph (1), by
striking ``Not later than 1 year after the date of
enactment of this Act, the Secretary'' and inserting
``The Secretary'';
(C) in paragraph (1)--
(i) by striking ``treatment for substance
use disorders'' and inserting ``treatment for
substance use disorders and mental health
disorders and behavioral health disorders'';
and
(ii) by inserting ``psychotherapy,'' after
``counseling,'';
(D) in paragraph (2), by inserting ``or mental
health disorders and behavioral health disorders''
after ``substance use disorders'';
(E) in paragraph (3), by inserting ``and mental
health disorders and behavioral health disorders''
after ``substance use disorders''; and
(F) by adding at the end, below and after paragraph
(3), the following flush left text:
``The Secretary shall issue the guidance under this subsection not
later than 1 year after the date of the enactment of this Act, with
respect to the matters described in the previous provisions of this
subsection relating to substance use disorders, and not later than 2
years after the date of the enactment of this Act, with respect to the
matters described in such previous provisions relating to mental health
disorders and behavioral health disorders.'';
(2) in subsection (c)--
(A) in the header, by striking ``treatment for
substance use disorders'' and inserting ``treatment for
substance use disorders and mental health disorders and
behavioral health disorders'';
(B) in paragraph (1), by striking ``treatment for
substance use disorders'' and inserting ``treatment for
substance use disorders and mental health disorders and
behavioral health disorders'' each place it appears;
and
(C) in paragraph (2)--
(i) by inserting ``with respect to
substance use disorders,'' after ``paragraph
(1),''; and
(ii) by adding at the end the following new
sentence: ``Not later than 2 years after the
date of enactment of this Act, the Comptroller
General shall submit to Congress a report
containing the results of the evaluation
conducted under paragraph (1), with respect to
mental health disorders and behavioral health
disorders, together with recommendations for
such legislation and administrative action as
the Comptroller General determines
appropriate.''; and
(3) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A), by
inserting ``and mental health disorders and behavioral
health disorders'' after ``substance use disorders'';
(B) in subparagraph (A), by inserting ``, and
mental health disorders and behavioral health
disorders'' after ``opioid use disorder''; and
(C) in subparagraph (B), by inserting ``and mental
health disorders and behavioral health disorders''
after ``substance use disorders''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect as is included in
the enactment of the SUPPORT for Patients and Communities Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
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