II 

117TH CONGRESS 

2D SESSION S. 4039 

To require the Secretary of Health and Human Services to provide guidance 

to States regarding Federal reimbursement for furnishing behavioral 

health services and treatment under Medicaid and the Children’s Health 

Insurance Program using telehealth services, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2022 

Mr. THUNE (for himself, Mr. BROWN, and Mr. CARDIN) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To require the Secretary of Health and Human Services 

to provide guidance to States regarding Federal reimbursement for furnishing behavioral health services and 

treatment under Medicaid and the Children’s Health Insurance Program using telehealth services, 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 ‘‘Medicaid Ensuring 

5 Necessary Telehealth is Available Long-term Health for 


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1 Kids and Underserved Act’’ or the ‘‘MENTAL Health for 

2 Kids and Underserved Act’’. 

3 SEC. 2. GUIDANCE TO STATES ON FURNISHING BEHAV4 IORAL HEALTH SERVICES VIA TELEHEALTH 

5 UNDER MEDICAID AND CHIP. 

6 Not later than 1 year after the date of enactment 

7 of this Act, the Secretary of Health and Human Services, 

8 acting through the Administrator of the Centers for Medi9 care & Medicaid Services, shall issue guidance to States 

10 on the following: 

11 (1) State options for Federal reimbursement of 

12 expenditures under Medicaid and the Children’s 

13 Health Insurance Program for furnishing clinically 

14 appropriate services and treatment for behavioral 

15 health needs, including assessment, counseling, and 

16 medication management, using telehealth services. 

17 Such options shall include, to the extent appropriate, 

18 options for States to receive Federal reimbursement 

19 for such expenditures without the need for approval 

20 of a State plan amendment or waiver. Such guidance 

21 shall also include guidance on furnishing services 

22 and treatments that address the needs of high-risk 

23 individuals, including racial and ethnic minorities, 

24 such as American Indians and Alaska Natives. 


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1 (2) State options for Federal reimbursement of 

2 expenditures under Medicaid and the Children’s 

3 Health Insurance Program for furnishing clinically 

4 appropriate behavioral health services and treatment 

5 to school-aged youth and teens enrolled in Medicaid 

6 or the Children’s Health Insurance Program using 

7 telehealth services. Such options shall include, to the 

8 extent appropriate, options for States to receive Fed9 eral reimbursement for such expenditures without 

10 the need for approval of a State plan amendment or 

11 waiver. 

12 (3) Best practices for integrating clinically ap13 propriate behavioral health provided via telehealth 

14 services covered by a State plan for medical assist15 ance under title XIX of the Social Security Act (or 

16 a waiver of such a plan) or a State plan for child 

17 health assistance under title XXI of such Act (or a 

18 waiver of such a plan) into school-based settings, in19 cluding full-service community schools. Such best 

20 practices shall include resources and information 

21 specifically for educators and other school-based 

22 staff on how to recognize signs of distress in high23 risk students and make appropriate referrals for 

24 school-based behavioral health services. 


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1 (4) Best practices for evaluating how utilizing 

2 clinically appropriate telehealth services for behav3 ioral health services and treatment affects outcomes, 

4 as well as costs. 

5 (5) Best practices for monitoring fraud, waste, 

6 and abuse that may occur during behavioral health 

7 services furnished through telehealth services cov8 ered under Medicaid and the Children’s Health In9 surance Program. 

10 SEC. 3. REPORT TO CONGRESS ON BEHAVIORAL HEALTH 

11 SERVICES UNDER MEDICAID AND CHIP. 

12 Not later than 1 year after the date of enactment 

13 of this Act, the Secretary of Health and Human Services 

14 shall submit to the Committee on Finance of the Senate 

15 and the Committee on Energy and Commerce of the 

16 House of Representatives a report on the impact of tele17 health on access, cost, and quality of behavioral health 

18 services offered to beneficiaries under the Medicaid pro19 gram and the Children’s Health Insurance Program, in20 cluding specific information on the impact of telehealth on 

21 access to and the quality of behavioral health services in 

22 schools. 

Æ 


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