II 

116TH CONGRESS 

2D SESSION S. 4103 

To amend title XVIII of the Social Security Act to increase the use of 

telehealth for substance use disorder treatment, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2020 

Mr. PORTMAN (for himself and Mr. WHITEHOUSE) introduced the following 

bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend title XVIII of the Social Security Act to increase 

the use of telehealth for substance use disorder treatment, and for other purposes. 

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 Response 

5 for E-prescribing Addiction Therapy Services Act’’ or 

6 ‘‘TREATS Act’’. 


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•S 4103 IS

1 SEC. 2. TELEHEALTH FOR SUBSTANCE USE DISORDER 

2 TREATMENT. 

3 (a) SUBSTANCE USE DISORDER SERVICES FUR4 NISHED THROUGH TELEHEALTH UNDER MEDICARE.— 

5 Section 1834(m)(7) of the Social Security Act (42 U.S.C. 

6 1395m(m)(7)) is amended by adding at the end the fol7 lowing: ‘‘With respect to telehealth services described in 

8 the preceding sentence that are furnished on or after Jan9 uary 1, 2020, nothing shall preclude the furnishing of 

10 such services through audio or telephone only technologies 

11 in the case where a physician or practitioner has already 

12 conducted an in-person medical evaluation or a telehealth 

13 evaluation that utilizes both audio and visual capabilities 

14 with the eligible telehealth individual.’’. 

15 (b) CONTROLLED SUBSTANCES DISPENSED BY

16 MEANS OF THE INTERNET.—Section 309(e)(2) of the 

17 Controlled Substances Act (21 U.S.C. 829(e)(2)) is 

18 amended— 

19 (1) in subparagraph (A)(i)— 

20 (A) by striking ‘‘at least 1 in-person med21 ical evaluation’’ and inserting the following: ‘‘at 

22 least— 

23 ‘‘(I) 1 in-person medical evalua24 tion’’; and 

25 (B) by adding at the end the following: 


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•S 4103 IS

1 ‘‘(II) for purposes of prescribing 

2 a controlled substance in schedule III 

3 or IV, 1 telehealth evaluation; or’’; 

4 and 

5 (2) by adding at the end the following: 

6 ‘‘(D)(i) The term ‘telehealth evaluation’ 

7 means a medical evaluation that is conducted in 

8 accordance with applicable Federal and State 

9 laws by a practitioner (other than a phar10 macist) who is at a location remote from the 

11 patient and is communicating with the patient 

12 using a telecommunications system referred to 

13 in section 1834(m) of the Social Security Act 

14 (42 U.S.C. 1395m(m)) that includes, at a min15 imum, audio and video equipment permitting 

16 two-way, real-time interactive communication 

17 between the patient and distant site practi18 tioner. 

19 ‘‘(ii) Nothing in clause (i) shall be con20 strued to imply that 1 telehealth evaluation 

21 demonstrates that a prescription has been 

22 issued for a legitimate medical purpose within 

23 the usual course of professional practice. 

24 ‘‘(iii) A practitioner who prescribes the 

25 drugs or combination of drugs that are covered 


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•S 4103 IS

1 under section 303(g)(2)(C) using the authority 

2 under subparagraph (A)(i)(II) of this para3 graph shall adhere to nationally recognized evi4 dence-based guidelines for the treatment of pa5 tients with opioid use disorders and a diversion 

6 control plan, as those terms are defined in sec7 tion 8.2 of title 42, Code of Federal Regula8 tions, as in effect on the date of enactment of 

9 this subparagraph.’’. 

Æ 


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