subparagraph (D) are met with respect to such 
waiver. 
‘‘(B) REQUIREMENTS
DESCRIBED.—For 
purposes of this paragraph, the requirements 
described in this subparagraph include— 
‘‘(i) requirements relating to qualifica-
tions for an originating site under para-
graph (4)(C)(ii); 
‘‘(ii) geographic limitations under 
paragraph (4)(C)(i) (other than applicable 
State law requirements, including State li-
censure requirements); and 
‘‘(iii) any limitation on the use of 
store-and-forward technologies described in 
paragraph (1). 
‘‘(C) IDENTIFICATION OF PART B CODES 
FOR APPLICATION OF WAIVERS.— 
‘‘(i) IN GENERAL.—Not later than 6 
months after the date of the enactment of 
this paragraph, the Secretary shall review 
evidence related to codes under this part 
for telehealth services for the treatment of 
substance abuse and behavioral health that 
have been approved by the Centers for 
Medicare & Medicaid Services as part of 
VerDate Sep 11 2014 
03:35 Apr 28, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5603.IH
H5603
SSpencer on DSKBBXCHB2PROD with BILLS
the process established under paragraph 
(4)(F)(ii) for purposes of determining the 
codes for which a waiver applied under this 
paragraph would meet one or more of the 
conditions described in subparagraph (B). 
In carrying out this clause, particular pri-
ority should be given to reviewing evidence 
related to codes for behavioral health serv-
ices that would be appropriate to provide 
to individuals receiving treatment from an 
opioid agonist treatment practitioner. 
‘‘(ii) ANNUAL
REVIEW
PROCESS.— 
The Secretary shall review evidence per-
taining to substance abuse and behavioral 
health codes as part of the annual process 
under paragraph (4)(F)(ii) to determine if 
a waiver may be granted. 
‘‘(D) CONDITIONS FOR WAIVER.—For pur-
poses of subparagraph (A), the conditions de-
scribed in this subparagraph, with respect to a 
waiver of any requirement described in subpara-
graph (B), are each of the following: 
‘‘(i) The Secretary determines that 
the application of the waiver is expected 
to— 
VerDate Sep 11 2014 
05:50 Apr 26, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5603.IH
H5603
SSpencer on DSKBBXCHB2PROD with BILLS
‘‘(I) reduce spending under this 
title without reducing the quality of 
care; 
‘‘(II) improve the quality of care 
without increasing spending; or 
‘‘(III) increase access to behav-
ioral health and substance use services 
for individuals with opioid use dis-
orders. 
‘‘(ii) The Chief Actuary of the Centers 
for Medicare & Medicaid Services certifies 
that the condition described in clause (i) or 
(iii) is met. 
‘‘(iii) The Secretary determines that 
such waiver would not deny or limit the 
coverage or provision of benefits under this 
title for individuals. 
‘‘(E) TREATMENT
OF
ORIGINATING
SITE 
FACILITY FEE.—No facility fee shall be paid 
under paragraph (2)(B) to an originating site 
with respect to a telehealth service for which 
payment is made under this subsection by rea-
son of a waiver under this paragraph if pay-
ment for such service would not be permitted 
under this subsection without such waiver. 
VerDate Sep 11 2014 
05:50 Apr 26, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5603.IH
H5603
SSpencer on DSKBBXCHB2PROD with BILLS
‘‘(F) DEFINITIONS.—For purposes of this 
paragraph: 
‘‘(i) ELIGIBLE
BENEFICIARY.—The 
term ‘eligible beneficiary’ means an indi-
vidual who— 
‘‘(I) is entitled to benefits under 
part A and enrolled for benefits under 
this part; 
‘‘(II) is not enrolled in a Medi-
care Advantage plan under part C; 
‘‘(III) has a diagnosis for an 
opioid use disorder; and 
‘‘(IV) meets such other criteria 
as the Secretary determines appro-
priate. 
‘‘(ii) OPIOID
AGONIST
TREATMENT 
PRACTITIONER.—The term ‘opioid agonist 
treatment practitioner’ means a practi-
tioner who— 
‘‘(I) is enrolled under section 
1866(j); and 
‘‘(II) is authorized to prescribe or 
dispense opioid agonist treatment 
medication for maintenance or detoxi-
fication treatment pursuant to a waiv-
VerDate Sep 11 2014 
05:50 Apr 26, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5603.IH
H5603
SSpencer on DSKBBXCHB2PROD with BILLS
er under section 303(g)(2) of the Con-
trolled Substances Act. 
‘‘(G) REPORT.—Not later than 5 years 
after the date of the enactment of this para-
graph, the Secretary shall submit to Congress a 
report on the impact of any waivers granted 
under this paragraph on— 
‘‘(i) any change in utilization rates for 
behavioral health services for opioid use 
disorders; 
‘‘(ii) any change in rates or average 
length of time of retention in treatment for 
opioid use disorders; 
‘‘(iii) any change in emergency de-
partment visits related to opioid overdoses; 
and 
‘‘(iv) any change in overdose deaths 
related to opioids abuse. 
‘‘(H) FUNDING.—For purposes of carrying 
out this paragraph, in addition to funds other-
wise appropriated, the Secretary shall provide 
for the transfer, from the Federal Supple-
mentary Medical Insurance Trust Fund under 
section 1841, of $2,000,000 to the Centers for 
VerDate Sep 11 2014 
05:50 Apr 26, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5603.IH
H5603
SSpencer on DSKBBXCHB2PROD with BILLS
Medicare & Medicaid Services Program Man-
agement Account.’’. 
Æ 
VerDate Sep 11 2014 
05:50 Apr 26, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H5603.IH
H5603
SSpencer on DSKBBXCHB2PROD with BILLS