118THCONGRESS
2
DSESSION H. R. 7858
AN ACT
To amend title XVIII of the Social Security Act to establish
a Medicare incident to modifier for mental health services
furnished through telehealth and other telehealth serv-
ices.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2 2
•HR 7858 EH
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Telehealth Enhance-2
ment for Mental Health Act of 2024’’ or the ‘‘TELEMH 3
Act of 2024’’. 4
SEC. 2. ESTABLISHMENT OF MEDICARE INCIDENT TO 5
MODIFIER FOR MENTAL HEALTH SERVICES 6
FURNISHED THROUGH TELEHEALTH AND 7
OTHER TELEHEALTH SERVICES. 8
Section 1834(m) of the Social Security Act (42 9
U.S.C. 1395m(m)) is amended by adding at the end the 10
following new paragraph: 11
‘‘(10) R
EQUIRED USE OF MODIFIERS IN CER -12
TAIN INSTANCES.—Not later than January 1, 2026, 13
the Secretary shall establish requirements to include 14
a code or modifier, as determined appropriate by the 15
Secretary, in the case of claims for telehealth serv-16
ices under this subsection that are billed incident to 17
a physician’s or practitioner’s professional service.’’. 18
Passed the House of Representatives September 17,
2024.
Attest:
Clerk. 118
TH
CONGRESS
2
D
S
ESSION
H. R. 7858
AN ACT
To amend title XVIII of the Social Security Act to
establish a Medicare incident to modifier for
mental health services furnished through tele-
health and other telehealth services.