II 

116TH CONGRESS 

2D SESSION S. 4230 

To amend title XVIII of the Social Security Act to expand access to mental 

health services and certain evaluation and management services furnished 

through telehealth under the Medicare program. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2020 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to expand 

access to mental health services and certain evaluation 

and management services furnished through telehealth 

under the Medicare program. 

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 Expansion 

5 Act of 2020’’. 


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1 SEC. 2. EXPANDING ACCESS TO MENTAL HEALTH SERVICES 

2 AND CERTAIN EVALUATION AND MANAGE3 MENT SERVICES FURNISHED THROUGH 

4 TELEHEALTH. 

5 (a) TREATMENT OF MENTAL HEALTH SERVICES

6 FURNISHED THROUGH TELEHEALTH.—Paragraph (7) of 

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

8 1395m(m)) is amended— 

9 (1) in the paragraph heading, by inserting 

10 ‘‘AND MENTAL HEALTH SERVICES’’ after ‘‘DISORDER

11 SERVICES’’; and 

12 (2) by inserting ‘‘or, on or after the first day 

13 after the end of the public health emergency de14 scribed in section 1135(g)(1)(B), to an eligible tele15 health individual for purposes of diagnosis, evalua16 tion, or treatment of a mental health disorder, as de17 termined by the Secretary,’’ after ‘‘as determined by 

18 the Secretary,’’. 

19 (b) TREATMENT OF CERTAIN EVALUATION AND

20 MANAGEMENT SERVICES FURNISHED THROUGH TELE21 HEALTH.—Such section 1834(m), as amended by sub22 section (a), is amended— 

23 (1) in paragraph (4)(C)— 

24 (A) in clause (i), by striking ‘‘and (7)’’ and 

25 inserting ‘‘(7), and (9)’’; and 


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1 (B) in clause (ii)(X), by inserting ‘‘or 

2 paragraph (9)(A)’’ before the period; and 

3 (2) by adding at the end the following new 

4 paragraph: 

5 ‘‘(9) TREATMENT OF CERTAIN EVALUATION

6 AND MANAGEMENT SERVICES FURNISHED THROUGH

7 TELEHEALTH.— 

8 ‘‘(A) IN GENERAL.—The geographic re9 quirements described in paragraph 4(C)(i) shall 

10 not apply with respect to a telehealth service 

11 that is a medical visit that is in the category of 

12 HCPCS evaluation and management services 

13 for office and other outpatient services and that 

14 is furnished on or after the first day after the 

15 end of the public health emergency described in 

16 section 1135(g)(1)(B), to an eligible telehealth 

17 individual by a qualified provider, at an origi18 nating site described in paragraph 4(C)(ii) 

19 (other than an originating site described in sub20 clause (IX) of such paragraph). 

21 ‘‘(B) DEFINITION OF QUALIFIED PRO22 VIDER.—For purposes of this paragraph, the 

23 term ‘qualified provider’ means, with respect to 

24 a telehealth service described in subparagraph 


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1 (A) that is furnished to an eligible telehealth in2 dividual, a physician or practitioner who— 

3 ‘‘(i) furnished to such individual, dur4 ing the 18-month period ending on the 

5 date the telehealth service was furnished, 

6 an item or service in person for which— 

7 ‘‘(I) payment was made under 

8 this title; or 

9 ‘‘(II) such payment would have 

10 been made if such individual were en11 titled to, or enrolled for, benefits 

12 under this title at the time such item 

13 or service was furnished; or 

14 ‘‘(ii) is in the same practice (as deter15 mined by tax identification number) as a 

16 physician or practitioner who furnished 

17 such an item or service in person to such 

18 individual during such period.’’. 

19 (c) IMPLEMENTATION.—Notwithstanding any other 

20 provision of law, the Secretary may implement the provi21 sions of, or amendments made by, this section by interim 

22 final rule, program instruction, or otherwise. 

Æ 


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