S. 4039Senate117th Congress (2021-2023)In Committee

MENTAL Health for Kids and Underserved Act

Sponsored by John ThuneSen. John Thune (R-SD)
Introduced April 7, 2022

AI-Generated Summary

Updated February 8, 2026 at 10:42 AM UTC

The bill directs the Secretary of Health and Human Services to issue guidance to states on how to receive federal reimbursement for Medicaid and CHIP behavioral health services delivered via telehealth, especially for children, teens, and underserved populations. It also requires a report on how telehealth impacts access, cost, and quality of these services, including in schools.

Key Provisions

  • Within one year, HHS must provide guidance on state options for federal reimbursement of telehealth behavioral health services (assessment, counseling, medication management) under Medicaid and CHIP, including ways to do so without a state plan amendment or waiver.
  • The guidance must address reimbursement options for high‑risk groups such as racial and ethnic minorities, American Indians, and Alaska Natives.
  • The guidance must include options for reimbursing telehealth services for school‑aged youth and teens enrolled in Medicaid or CHIP, also without needing a plan amendment or waiver.
  • Best‑practice recommendations must be provided for integrating telehealth behavioral health into school‑based settings and for educators to recognize student distress and make referrals.
  • Best‑practice recommendations must cover how to evaluate outcomes, costs, and effectiveness of telehealth behavioral health services.
  • Best‑practice recommendations must address monitoring and preventing fraud, waste, and abuse in telehealth behavioral health services covered by Medicaid and CHIP.
  • HHS must submit a report to Congress within one year on the impact of telehealth on access, cost, and quality of Medicaid and CHIP behavioral health services, including effects in schools.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (text: CR S2095)

April 7, 2022

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SenateIntro Referral

Introduced in Senate

April 7, 2022

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text: CR S2095)

April 7, 2022

Floor Debate

4 members

What members said about S. 4039 on the floor

1 Republican3 Democrats
Jack Reed
Sen. Jack ReedD-RI · Apr 7, 2022

Mr. President, today I am introducing the Ship Agent Licensure Act along with my colleague Senator Whitehouse. This legislation seeks to improve supply chain efficiencies and port safety and security…

Tim Kaine
Sen. Tim KaineD-VA · Apr 7, 2022

Mr. President, the United States places special trust and confidence in the integrity, judgement, and abilities of those men and women chosen to represent the United States abroad as an Ambassador.…

Alex Padilla
Sen. Alex PadillaD-CA · Apr 7, 2022

Mr. President, I rise to speak in support of the Hispanic Educational Resources and Empowerment Act of 2022, which I introduced today. Hispanic-serving institutions provide incredible opportunities…

John Thune
Sen. John ThuneR-SD · Apr 7, 2022

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

John Thune
Sen. John ThuneR-SD · Apr 7, 2022

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued April 7, 2022

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.