I
118THCONGRESS
2
DSESSION H. R. 7858
To amend title XVIII of the Social Security Act to establish a Medicare
incident to modifier for mental health services furnished through telehealth.
IN THE HOUSE OF REPRESENTATIVES
APRIL2, 2024
Mr. J
AMES(for himself, Mr. SCHWEIKERT, and Mr. DAVISof North Carolina)
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce, and in addition to the Committee on Ways and
Means, 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 amend title XVIII of the Social Security Act to establish
a Medicare incident to modifier for mental health services
furnished through telehealth.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Telehealth Enhance-4
ment for Mental Health Act of 2024’’ or the ‘‘TELEMH 5
Act of 2024’’. 6
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•HR 7858 IH
SEC. 2. ESTABLISHMENT OF MEDICARE INCIDENT TO 1
MODIFIER FOR MENTAL HEALTH SERVICES 2
FURNISHED THROUGH TELEHEALTH. 3
Section 1834(m)(7) of the Social Security Act (42 4
U.S.C. 1395m(m)(7)) is amended by adding at the end 5
the following new subparagraph: 6
‘‘(C) E
STABLISHMENT OF INCIDENT TO 7
MODIFIER FOR MENTAL HEALTH SERVICES 8
FURNISHED THROUGH TELEHEALTH .—Not 9
later than 2 years after the date of the enact-10
ment of this subparagraph, the Secretary shall 11
establish requirements to include a code or 12
modifier, as determined appropriate by the Sec-13
retary, on claims for mental health services fur-14
nished through telehealth under this paragraph 15
that are furnished by auxiliary personnel (as 16
defined in section 410.26(a)(1) of title 42, Code 17
of Federal Regulations, or any successor regula-18
tion) and billed incident to a physician or prac-19
titioner’s professional services.’’. 20
Æ
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