II 

118TH CONGRESS 

1ST SESSION S. 730 

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 SENATE OF THE UNITED STATES 

MARCH 9, 2023 

Mr. KENNEDY 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 and the 

SUPPORT for Patients and Communities Act to provide 

for Medicare and Medicaid mental and behavioral health 

treatment through telehealth. 

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 ‘‘Enhance Access to 

5 Support Essential Behavioral Health Services Act’’ or the 

6 ‘‘EASE Behavioral Health Services Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds as follows: 


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1 (1) Nearly 18 percent of adults in the United 

2 States reported a mental, behavioral, or emotional 

3 disorder in 2015. 

4 (2) Children are also significantly impacted. Ac5 cording to the Centers for Disease Control and Pre6 vention, 1 in 6 children ages 2 years through 8 years 

7 have a diagnosed mental, behavioral, or develop8 mental disorder, indicating that disorders begin in 

9 early childhood and affect lifelong health. 

10 (3) Moreover, 1 in 7 children and adolescents 

11 have at least one treatable mental health disorder. 

12 (4) There is a critical link between mental 

13 health and substance use disorders. According to the 

14 Substance Abuse and Mental Health Services Ad15 ministration, 1 in 4 adults with severe mental illness 

16 had a substance use disorder in 2017. 

17 (5) Moreover, children who have had a major 

18 depressive episode are more than twice as likely to 

19 use illicit drugs. 

20 (6) In 2017, approximately 19.7 million people 

21 aged 12 years or older had a substance use disorder 

22 related to their use of alcohol or illicit drugs in the 

23 past year. 


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1 (7) Despite this overwhelming need, access to 

2 behavioral health services remains among the most 

3 pressing health care challenges in our country. 

4 (8) An estimated 56 percent of Americans with 

5 a mental health disorder did not receive treatment in 

6 2017. 

7 (9) Similarly, half of children and adolescents 

8 did not receive treatment for their mental health dis9 order in 2016. 

10 (10) Further complicating access to care, as de11 mand for behavioral health services increases in 

12 communities across the United States, the number 

13 of psychiatrists available to treat them continues to 

14 decline. 

15 (11) The population of practicing psychiatrists 

16 declined by more than 10 percent between the period 

17 of 2003 through 2013, while the population of pri18 mary care physicians and neurologists grew during 

19 the same period. 

20 (12) Technology has evolved to connect individ21 uals to health care services in new ways, including 

22 via telehealth. 

23 (13) Moreover, studies show that video visits 

24 are an effective strategy to provide mental health 


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1 treatment to children and, in fact, may be preferable 

2 in some cases. 

3 (14) During the 115th Congress, Congress rec4 ognized the potential of telehealth to ensure that 

5 those in urgent need of substance use disorder treat6 ment receive the care they require. 

7 (15) As passed and signed into law, sections 

8 2001 and 1009 of the SUPPORT for Patients and 

9 Communities Act (Public Law 115–271) expands 

10 the use of telehealth services for the treatment of 

11 opioid use disorder and other substance use dis12 orders. 

13 (16) It is widely recognized that there is a close 

14 relationship between mental health and substance 

15 use disorders. 

16 SEC. 3. MEDICARE TREATMENT OF BEHAVIORAL HEALTH 

17 SERVICES FURNISHED THROUGH TELE18 HEALTH. 

19 Section 1834(m) of the Social Security Act (42 

20 U.S.C. 1395m(m)) is amended— 

21 (1) in paragraph (4)(C)— 

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

23 inserting ‘‘(7), and (10)’’; and 

24 (B) in clause (ii)(X)— 


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1 (i) by striking ‘‘or telehealth services’’ 

2 and inserting ‘‘, telehealth services’’; and 

3 (ii) by inserting ‘‘or telehealth services 

4 described in paragraph (10)’’ before the 

5 period at the end; and 

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

7 paragraph: 

8 ‘‘(10) TREATMENT OF BEHAVIORAL HEALTH

9 SERVICES FURNISHED THROUGH TELEHEALTH.— 

10 The geographic requirements described in paragraph 

11 (4)(C)(i) shall not apply with respect to telehealth 

12 services that are behavioral health services furnished 

13 on or after January 1, 2025, to eligible telehealth in14 dividuals, including initial patient evaluations, fol15 low-up medical management, and other behavioral 

16 health services, as determined by the Secretary, at 

17 an originating site described in paragraph (4)(C)(ii) 

18 (other than an originating site described in sub19 clause (IX) of such paragraph).’’. 

20 SEC. 4. MEDICAID MENTAL AND BEHAVIORAL HEALTH 

21 TREATMENT THROUGH TELEHEALTH. 

22 Section 1009 of the SUPPORT for Patients and 

23 Communities Act (Public Law 115–271) is amended— 

24 (1) in subsection (b)— 


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1 (A) in the header, by striking ‘‘TREAT2 MENT FOR SUBSTANCE USE DISORDERS’’ and 

3 inserting ‘‘TREATMENT FOR SUBSTANCE USE

4 DISORDERS AND MENTAL HEALTH DISORDERS

5 AND BEHAVIORAL HEALTH DISORDERS’’; 

6 (B) in the matter preceding paragraph (1), 

7 by striking ‘‘Not later than 1 year after the 

8 date of enactment of this Act, the Secretary’’ 

9 and inserting ‘‘The Secretary’’; 

10 (C) in paragraph (1)— 

11 (i) by striking ‘‘treatment for sub12 stance use disorders’’ and inserting ‘‘treat13 ment for substance use disorders and men14 tal health disorders and behavioral health 

15 disorders’’; and 

16 (ii) by inserting ‘‘psychotherapy,’’ 

17 after ‘‘counseling,’’; 

18 (D) in paragraph (2), by inserting ‘‘or 

19 mental health disorders and behavioral health 

20 disorders’’ after ‘‘substance use disorders’’; 

21 (E) in paragraph (3), by inserting ‘‘and 

22 mental health disorders and behavioral health 

23 disorders’’ after ‘‘substance use disorders’’; and 

24 (F) by adding at the end, below and after 

25 paragraph (3), the following flush left text: 


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1 ‘‘The Secretary shall issue the guidance under this sub2 section not later than 1 year after the date of the enact3 ment of this Act, with respect to the matters described 

4 in the previous provisions of this subsection relating to 

5 substance use disorders, and not later than 4 years after 

6 the date of the enactment of this Act, with respect to the 

7 matters described in such previous provisions relating to 

8 mental health disorders and behavioral health disorders.’’; 

9 (2) in subsection (c)— 

10 (A) in the header, by striking ‘‘TREAT11 MENT FOR SUBSTANCE USE DISORDERS’’ and 

12 inserting ‘‘TREATMENT FOR SUBSTANCE USE

13 DISORDERS AND MENTAL HEALTH DISORDERS

14 AND BEHAVIORAL HEALTH DISORDERS’’; 

15 (B) in paragraph (1), by striking ‘‘treat16 ment for substance use disorders’’ and inserting 

17 ‘‘treatment for substance use disorders and 

18 mental health disorders and behavioral health 

19 disorders’’ each place it appears; and 

20 (C) in paragraph (2)— 

21 (i) by inserting ‘‘with respect to sub22 stance use disorders,’’ after ‘‘paragraph 

23 (1),’’; and 

24 (ii) by adding at the end the following 

25 new sentence: ‘‘Not later than 4 years 


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1 after the date of enactment of this Act, the 

2 Comptroller General shall submit to Con3 gress a report containing the results of the 

4 evaluation conducted under paragraph (1), 

5 with respect to mental health disorders and 

6 behavioral health disorders, together with 

7 recommendations for such legislation and 

8 administrative action as the Comptroller 

9 General determines appropriate.’’; and 

10 (3) in subsection (d)(1)— 

11 (A) in the matter preceding subparagraph 

12 (A), by inserting ‘‘and mental health disorders 

13 and behavioral health disorders’’ after ‘‘sub14 stance use disorders’’; 

15 (B) in subparagraph (A), by inserting ‘‘, 

16 and mental health disorders and behavioral 

17 health disorders’’ after ‘‘opioid use disorder’’; 

18 and 

19 (C) in subparagraph (B), by inserting 

20 ‘‘and mental health disorders and behavioral 

21 health disorders’’ after ‘‘substance use dis22 orders’’. 

Æ 


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