IB 

Union Calendar No. 569 

118TH CONGRESS 

2D SESSION H. R. 7858 

[Report No. 118–673, Part I] 

To amend title XVIII of the Social Security Act to establish a Medicare 

incident to modifier for mental health services furnished through telehealth. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2024 

Mr. JAMES (for himself, Mr. SCHWEIKERT, and Mr. DAVIS of North Carolina) 

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 

SEPTEMBER 12, 2024 

Additional sponsor: Mrs. PELTOLA

SEPTEMBER 12, 2024 

Reported from the Committee on Energy and Commerce with amendments 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 12, 2024 

Committee on Ways and Means discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 2, 2024] 


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2 

•HR 7858 RH

A BILL 

To amend title XVIII of the Social Security Act to establish 

a Medicare incident to modifier for mental health services 

furnished through telehealth. 


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•HR 7858 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Telehealth Enhancement 

5 for Mental Health Act of 2024’’ or the ‘‘TELEMH Act of 

6 2024’’. 

7 SEC. 2. ESTABLISHMENT OF MEDICARE INCIDENT TO MODI8 FIER FOR MENTAL HEALTH SERVICES FUR9 NISHED THROUGH TELEHEALTH AND OTHER 

10 TELEHEALTH SERVICES. 

11 Section 1834(m) of the Social Security Act (42 U.S.C. 

12 1395m(m)) is amended by adding at the end the following 

13 new paragraph: 

14 ‘‘(10) REQUIRED USE OF MODIFIERS IN CERTAIN

15 INSTANCES.—Not later than January 1, 2026, the 

16 Secretary shall establish requirements to include a 

17 code or modifier, as determined appropriate by the 

18 Secretary, in the case of claims for telehealth services 

19 under this subsection that are billed incident to a 

20 physician’s or practitioner’s professional service.’’. 

Amend the title so as to read: ‘‘A bill to amend title 

XVIII of the Social Security Act to establish a Medicare 

incident to modifier for mental health services furnished 

through telehealth and other telehealth services.’’. 


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Union Calendar No. 569 

118TH CONGRESS 

2D SESSION H. R. 7858 

[Report No. 118–673, Part I] 

A BILL 

To amend title XVIII of the Social Security Act to 

health. mental health services furnished through teleestablish a Medicare incident to modifier for 

SEPTEMBER 12, 2024 

Reported from the Committee on Energy and Commerce 

with amendments 

SEPTEMBER 12, 2024 

Committee on Ways and Means discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


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