I 
116TH CONGRESS 
2D SESSION 
H. R. 8060 
To require parity in the coverage of mental health and substance use disorder 
services provided to enrollees in private insurance plans, whether such 
services are provided in-person or through telehealth. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 14, 2020 
Mr. TRONE (for himself and Mr. RIGGLEMAN) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committees on Ways and Means, and Education and 
Labor, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To require parity in the coverage of mental health and sub-
stance use disorder services provided to enrollees in pri-
vate insurance plans, whether such services are provided 
in-person or through telehealth. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tele-Mental Health 
Improvement Act’’. 
VerDate Sep 11 2014 
01:36 Sep 03, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8060.IH
H8060
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Prior to the COVID–19 pandemic, the 
United States faced a mental health crisis. 
(2) This mental health crisis touches all age 
groups. Suicide rates among individuals ages 10 
through 24 increased by 56 percent from 2007 to 
2017. More than 25 percent of college students have 
been diagnosed or treated by a professional for a 
mental health condition within the past year. Nearly 
one in five adults in the United States live with a 
mental illness. Suicide rates for all ages increased 
from 1999 to 2016. 
(3) The COVID–19 pandemic has resulted in 
large-scale economic hardship and long periods of 
social isolation for Americans. 
(4) In non-crisis conditions, a 1-point increase 
in unemployment correlates to a 1.3 percent increase 
in suicide rates. In April 2020, the unemployment 
rate increased from 4.4 percent to 14.7 percent. 
(5) Exposure to large-scale trauma like the cur-
rent pandemic commonly results in negative emo-
tional states, acute stress, physical health com-
plaints, and poor sleep, particularly during the ini-
tial onset of the trauma. 
VerDate Sep 11 2014 
01:36 Sep 03, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8060.IH
H8060
pbinns on DSKJLVW7X2PROD with BILLS
(6) People who receive practical and social sup-
port and resources soon after the initial onset of a 
trauma tend to have better outcomes. 
(7) There is an increased need for mental 
health services to be provided through telehealth 
platforms due to the necessity for social distancing. 
SEC. 3. COVERAGE OF TELEHEALTH MENTAL HEALTH AND 
SUBSTANCE USE DISORDER SERVICES. 
(a) IN GENERAL.—During the public health emer-
gency declared by the Secretary of Health and Human 
Services under section 319 of the Public Health Service 
Act (42 U.S.C. 247d) on January 31, 2020, with respect 
to COVID–19, if a group health plan or group or indi-
vidual health insurance coverage provides coverage of a 
mental health or substance use disorder service provided 
in-person, the group health plan or health insurance issuer 
offering such group or individual health insurance cov-
erage— 
(1) shall provide coverage of the service pro-
vided through telehealth at the same rate as the cov-
erage for the same service provided in-person; 
(2) shall ensure that providers not charge en-
rollees facility fees; 
(3) may not impose additional barriers on ob-
taining such coverage for such services through tele-
VerDate Sep 11 2014 
01:36 Sep 03, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8060.IH
H8060
pbinns on DSKJLVW7X2PROD with BILLS
health, compared to coverage for such services pro-
vided in-person, such as a prior authorization re-
quirements, a requirement that the enrollee have a 
pre-existing relationship with the provider, a require-
ment that a provider be present with the enrollee 
during the provision of services, or any other finan-
cial requirement, treatment limitation, or utilization 
control policy or procedure; 
(4) shall provide notice to enrollees, informing 
such enrollees of how to access in-network telehealth 
mental health and substance use disorder services 
and the scope of their coverage; and 
(5) shall work with providers to ensure that 
telehealth services are provided to enrollees in com-
pliance with, as applicable, the privacy regulations 
promulgated pursuant to section 264(c) of the 
Health Insurance Portability and Accountability Act 
of 1996 (42 U.S.C. 1320d–2) or privacy guidelines 
promulgated and implemented by the Secretary of 
Health and Human Services during a public health 
emergency. 
(b) ENFORCEMENT.—The provisions of subsection 
(a) shall be applied by the Secretary of Health and Human 
Services, Secretary of Labor, and Secretary of the Treas-
ury to group health plans and health insurance issuers of-
VerDate Sep 11 2014 
01:36 Sep 03, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8060.IH
H8060
pbinns on DSKJLVW7X2PROD with BILLS
fering group or individual health insurance coverage as if 
included in the provisions of part A of title XXVII of the 
Public Health Service Act, part 7 of the Employee Retire-
ment Income Security Act of 1974, and subchapter B of 
chapter 100 of the Internal Revenue Code of 1986, as ap-
plicable. 
(c) IMPLEMENTATION.—The Secretary of Health and 
Human Services, Secretary of Labor, and Secretary of the 
Treasury may implement the provisions of this section 
through sub-regulatory guidance, program instruction, or 
otherwise. 
(d) DEFINITIONS.—In this section— 
(1) the terms ‘‘group health plan’’, ‘‘health in-
surance issuer’’, and ‘‘health insurance coverage’’ 
have the meanings given such terms in section 2791 
of the Public Health Service Act (42 U.S.C. 300gg– 
91), section 733 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1191b), and section 
9832 of the Internal Revenue Code of 1986, as ap-
plicable; and 
(2) the term ‘‘telehealth services’’ has the 
meaning given such term in section 330I(a) of the 
Public Health Service Act (42 U.S.C. 254c–14(a)), 
and includes 2-way video communication, audio-only 
VerDate Sep 11 2014 
01:36 Sep 03, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8060.IH
H8060
pbinns on DSKJLVW7X2PROD with BILLS