I 118th CONGRESS 2d Session H. R. 7858 IN THE HOUSE OF REPRESENTATIVES April 2, 2024 Mr. James (for himself, Mr. Schweikert , and Mr. Davis of North Carolina ) introduced the following bill; which was referred to the Committee on Energy 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 jurisdiction 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.

1. Short title This Act may be cited as the Telehealth Enhancement for Mental Health Act of 2024 or the TELEMH Act of 2024 . 2. Establishment of Medicare incident to modifier for mental health services furnished through telehealth Section 1834(m)(7) of the Social Security Act ( 42 U.S.C. 1395m(m)(7) ) is amended by adding at the end the following new subparagraph: (C) Establishment of incident to modifier for mental health services furnished through telehealth Not later than 2 years after the date of the enactment of this subparagraph, the Secretary shall establish requirements to include a code or modifier, as determined appropriate by the Secretary, on claims for mental health services furnished through telehealth under this paragraph that are furnished by auxiliary personnel (as defined in section 410.26(a)(1) of title 42, Code of Federal Regulations, or any successor regulation) and billed incident to a physician or practitioner's professional services. .