Legislation Aims to Support Telemental Health Services for Medicare

Two senior members of the House Energy and Commerce Committee reintroduced legislation to sustain telemental health services.

Earlier this month, Congresswoman Doris Matsui (D-CA) and Congressman Bill Johnson (R-OH) reintroduced the Telemental Health Care Access Act to support telemental health services by eliminating barriers for Medicare beneficiaries.

Following the relatively unprecedented expansion of telehealth that took place during the COVID-19 pandemic, some projected that this type of care would likely remain. However, as the severity of the pandemic diminished, the government began to revoke certain telehealth flexibilities.

This has created a debate between whether to return to a pre-pandemic normal for telehealth, or to renew the pandemic-era flexibilities that some experts say have expanded patient access to care. The bill from Matsui and Johnson would renew some of those flexibilities.

“The pandemic forced the nation to capitalize on the benefits of virtual care, and its positive impact was crystal clear for telemental health care,” Matsui said in a press release.

“The option of telehealth makes it easier for patients to pick up the phone, follow through on their appointments, and seek care sooner,” Matsui continued. “That’s why we need to continue to remove arbitrary barriers like the in-person requirement that restrict access to telemental health services. We have far more than just a foundation for telehealth now – we have a nation relying on these services. That’s why I’m proud to reintroduce this bipartisan legislation to help make this access permanent.”

Through this bill, the requirement that Medicare beneficiaries see doctors in person within six months of virtual treatment for mental concerns would be withdrawn. This would allow patients to access telehealth fully.

“If we didn’t learn anything else from the COVID-19 pandemic, it is that telehealth is a proven solution for many parts of America where access to healthcare is a concern. In fact, since the onset of the pandemic, we’ve seen a huge increase in the demand for telehealth services—especially telemental health services,” Johnson stated publicly.

“Telemental health is a great fit for patients isolated at home due to illnesses and for those unable to access specialized health care in rural areas of our country—like Appalachia Ohio,” Johnson added. “It’s time to eliminate the needless bureaucratic red tape preventing Medicare patients from accessing telemental health services.”

 Leading industry groups like the Alliance for Connected Care, the Alliance of Community Health Plans (ACHP), the American Counseling Association (ACA), and many others, have also expressed support for such legislation.

This is another point in the debate about continuing or ending certain pandemic-era telehealth flexibilities.

Recently, the DEA and SAMHSA elected to issue a temporary rule allowing providers to remotely prescribe controlled substances via telehealth.

According to DEA Administrator Anne Milgrim, this temporary rule occurred after industry lobbying, with the agency taking comments into consideration in the process of composing the extension.