II 117th CONGRESS 2d Session S. 4039 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. Short title This Act may be cited as the Medicaid Ensuring Necessary Telehealth is Available Long-term Health for Kids and Underserved Act or the MENTAL Health for Kids and Underserved Act . 2. Guidance to States on furnishing behavioral health services via telehealth under Medicaid and CHIP Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall issue guidance to States on the following: (1) State options for Federal reimbursement of expenditures under Medicaid and the Children's Health Insurance Program for furnishing clinically appropriate services and treatment for behavioral health needs, including assessment, counseling, and medication management, using telehealth services. Such options shall include, to the extent appropriate, options for States to receive Federal reimbursement for such expenditures without the need for approval of a State plan amendment or waiver. Such guidance shall also include guidance on furnishing services and treatments that address the needs of high-risk individuals, including racial and ethnic minorities, such as American Indians and Alaska Natives. (2) State options for Federal reimbursement of expenditures under Medicaid and the Children's Health Insurance Program for furnishing clinically appropriate behavioral health services and treatment to school-aged youth and teens enrolled in Medicaid or the Children's Health Insurance Program using telehealth services. Such options shall include, to the extent appropriate, options for States to receive Federal reimbursement for such expenditures without the need for approval of a State plan amendment or waiver. (3) Best practices for integrating clinically appropriate behavioral health provided via telehealth services covered by a State plan for medical assistance under title XIX of the Social Security Act (or a waiver of such a plan) or a State plan for child health assistance under title XXI of such Act (or a waiver of such a plan) into school-based settings, including full-service community schools. Such best practices shall include resources and information specifically for educators and other school-based staff on how to recognize signs of distress in high-risk students and make appropriate referrals for school-based behavioral health services. (4) Best practices for evaluating how utilizing clinically appropriate telehealth services for behavioral health services and treatment affects outcomes, as well as costs. (5) Best practices for monitoring fraud, waste, and abuse that may occur during behavioral health services furnished through telehealth services covered under Medicaid and the Children's Health Insurance Program. 3. Report to Congress on behavioral health services under Medicaid and CHIP Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the impact of telehealth on access, cost, and quality of behavioral health services offered to beneficiaries under the Medicaid program and the Children's Health Insurance Program, including specific information on the impact of telehealth on access to and the quality of behavioral health services in schools.