I 
117TH CONGRESS 
1ST SESSION H. R. 5837 
To amend title XVIII of the Social Security Act to expand access to telehealth 
services relating to substance use disorder treatment, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2021 
Mr. CURTIS (for himself and Mr. PETERS) 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 the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend title XVIII of the Social Security Act to expand 
access to telehealth services relating to substance use 
disorder treatment, 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. TELEHEALTH FOR SUBSTANCE USE DISORDER 
TREATMENT UNDER MEDICARE. 
(a) TELEHEALTH FOR SUBSTANCE USE DISORDER 
TREATMENT.— 
(1) SUBSTANCE USE DISORDER SERVICES FUR-
NISHED
THROUGH
TELEHEALTH
UNDER
MEDI-
VerDate Sep 11 2014 
03:15 Nov 06, 2021
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5837.IH
H5837
kjohnson on DSK79L0C42PROD with BILLS
CARE.—Section 1834(m)(7)(A) of the Social Secu-
rity Act (42 U.S.C. 1395m(m)(7)(A)) is amended by 
adding at the end the following: ‘‘With respect to 
telehealth services described in the preceding sen-
tence that are furnished on or after January 1, 
2020, nothing shall require an initial in-person med-
ical evaluation by a physician or practitioner prior to 
the furnishing of such services through audio or tele-
phone only technologies.’’. 
(2) 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— 
(A) in subparagraph (A)(i)— 
(i) by striking ‘‘at least 1 in-person 
medical evaluation’’ and inserting the fol-
lowing: ‘‘at least— 
‘‘(I) 1 in-person medical evalua-
tion’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(II) for purposes of prescribing 
a controlled substance in schedule III 
or IV, 1 telehealth evaluation; or’’; 
and 
VerDate Sep 11 2014 
03:15 Nov 06, 2021
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5837.IH
H5837
kjohnson on DSK79L0C42PROD with BILLS
(B) 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— 
‘‘(I) audio and video equipment per-
mitting two-way, real-time interactive com-
munication between the patient and dis-
tant site practitioner; or 
‘‘(II) audio-only for the prescription of 
a partial opioid agonist for opioid use dis-
order if video services are unavailable to 
the patient, due to lack of availability of 
such technology or lack of adequate 
broadband access, as determined by the 
practitioner providing telehealth services 
and a two-way video telehealth appoint-
ment for an in-person medical evaluation 
or telehealth evaluation that utilizes both 
VerDate Sep 11 2014 
03:15 Nov 06, 2021
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5837.IH
H5837
kjohnson on DSK79L0C42PROD with BILLS
audio and visual capabilities is required 
within 10 days of the audio-only prescrip-
tion. 
‘‘(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 
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.’’. 
(b) TASK FORCE.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary 
of Health and Human Services shall establish an 
interagency task force to collect and assess data re-
lating to— 
VerDate Sep 11 2014 
03:15 Nov 06, 2021
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5837.IH
H5837
kjohnson on DSK79L0C42PROD with BILLS
(A) utilization rates of partial opioid 
agonist medication prescriptions for opioid use 
disorder furnished through telehealth based on 
data from the Centers for Medicare and Med-
icaid Services deidentified claims data, deidenti-
fied private payer claims data if possible, and 
state prescription drug monitoring program 
data if possible (collectively, referred to as 
‘‘Data Sources’’); 
(B) opioid-related overdose rates in coun-
ties with annual rates of such prescriptions fur-
nished in-person that are higher than the na-
tional average annual rate of such in-person 
prescriptions, opioid-related overdose rates in 
counties with less than 100 of such prescrip-
tions furnished through telehealth annually, and 
opioid-related overdose rates in counties with 
less than 100 of such prescriptions furnished 
in-person annually, in each case based on the 
Data Sources; 
(C) emergency department admissions and 
readmission rates of counties described in sub-
paragraph (B); 
(D) the cost of care to the Federal Govern-
ment for such prescriptions furnished through 
VerDate Sep 11 2014 
03:15 Nov 06, 2021
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5837.IH
H5837
kjohnson on DSK79L0C42PROD with BILLS
audio-only and audio-visual telehealth, including 
if value-based purchasing leads to greater ac-
cess to care if possible, lower diversion rates, 
and overall improved patient outcomes that are 
defined by the Secretary; 
(E) patient satisfaction surveys developed 
by the Secretary and in consultation stake-
holder groups, such as patient or provider 
groups; 
(F) provider satisfaction survey developed 
by the Secretary and in consultation with pro-
vider groups; and 
(G) the number of practitioners furnishing 
such prescriptions through telehealth to 275 pa-
tients or more at any one time, including the lo-
cation of each such practitioner that can be 
identified by ZIP code and whether each such 
practitioner is practicing telehealth across state 
lines. 
(2) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, and every 180 
days thereafter, the Secretary shall make available 
on a public website of the Department of Health and 
Human Services and submit to the Committees on 
Energy and Commerce and Ways and Means of the 
VerDate Sep 11 2014 
03:15 Nov 06, 2021
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5837.IH
H5837
kjohnson on DSK79L0C42PROD with BILLS
House of Representatives and the Committees on Fi-
nance and Health, Education, Labor, and Pensions 
of the Senate a report that summarized the data de-
scribed under paragraph (1) for the most recent 
180-day period. 
(3) GUIDANCE.—The Secretary of Health and 
Human Services may issue guidance to providers to 
assist in the treatment of patients based on the data 
described under paragraph (1) for the most recent 
180-day period. 
Æ 
VerDate Sep 11 2014 
03:15 Nov 06, 2021
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H5837.IH
H5837
kjohnson on DSK79L0C42PROD with BILLS