I 
116TH CONGRESS 
2D SESSION 
H. R. 7593 
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 HOUSE OF REPRESENTATIVES 
JULY 13, 2020 
Mr. MCKINLEY (for himself, Mr. CICILLINE, Mr. TRONE, and Mr. BUDD) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce, and in addition to the Committees on Ways and 
Means, and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to increase 
the use of telehealth for substance use disorder treat-
ment, and for other purposes. 
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 ‘‘Telehealth Response 
for E-prescribing Addiction Therapy Services Act’’ or 
‘‘TREATS Act’’. 
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SEC. 2. TELEHEALTH FOR SUBSTANCE USE DISORDER 
TREATMENT. 
(a) SUBSTANCE USE DISORDER SERVICES FUR-
NISHED THROUGH TELEHEALTH UNDER MEDICARE.— 
Section 1834(m)(7) of the Social Security Act (42 U.S.C. 
1395m(m)(7)) is amended by adding at the end the fol-
lowing: ‘‘With respect to telehealth services described in 
the preceding sentence that are furnished on or after Jan-
uary 1, 2020, nothing shall preclude the furnishing of 
such services through audio or telephone only technologies 
in the case where a physician or practitioner has already 
conducted an in-person medical evaluation or a telehealth 
evaluation that utilizes both audio and visual capabilities 
with the eligible telehealth individual.’’. 
(b) CONTROLLED
SUBSTANCES
DISPENSED
BY 
MEANS OF THE INTERNET.—Section 309(e)(2) of the 
Controlled Substances Act (21 U.S.C. 829(e)(2)) is 
amended— 
(1) in subparagraph (A)(i)— 
(A) by striking ‘‘at least 1 in-person med-
ical evaluation’’ and inserting the following: ‘‘at 
least— 
‘‘(I) 1 in-person medical evalua-
tion’’; and 
(B) by adding at the end the following: 
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‘‘(II) for purposes of prescribing 
a controlled substance in schedule III 
or IV, 1 telehealth evaluation; or’’; 
and 
(2) by adding at the end the following: 
‘‘(D)(i) The term ‘telehealth evaluation’ 
means a medical evaluation that is conducted in 
accordance with applicable Federal and State 
laws by a practitioner (other than a phar-
macist) who is at a location remote from the 
patient and is communicating with the patient 
using a telecommunications system referred to 
in section 1834(m) of the Social Security Act 
(42 U.S.C. 1395m(m)) that includes, at a min-
imum, audio and video equipment permitting 
two-way, real-time interactive communication 
between the patient and distant site practi-
tioner. 
‘‘(ii) Nothing in clause (i) shall be con-
strued to imply that 1 telehealth evaluation 
demonstrates that a prescription has been 
issued for a legitimate medical purpose within 
the usual course of professional practice. 
‘‘(iii) A practitioner who prescribes the 
drugs or combination of drugs that are covered 
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under section 303(g)(2)(C) using the authority 
under subparagraph (A)(i)(II) of this para-
graph shall adhere to nationally recognized evi-
dence-based guidelines for the treatment of pa-
tients with opioid use disorders and a diversion 
control plan, as those terms are defined in sec-
tion 8.2 of title 42, Code of Federal Regula-
tions, as in effect on the date of enactment of 
this subparagraph.’’. 
Æ 
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