The Senate Finance Committee has unveiled groundbreaking draft legislation aimed at reshaping how mental health services are delivered through telehealth for millions of Americans covered by public health insurance. Released on May 26, the Telemental Health Access to Care Act seeks to expand Medicare telehealth mental health access for behavioral health treatment under Medicare and Medicaid, the two largest federal health programs in the United States.
This legislation marks the first time the Senate Finance Committee has consolidated its mental health initiatives into a single, comprehensive draft. The move reflects growing recognition of telehealth’s critical role in addressing America’s mental health crisis, which has only intensified in recent years.
What the Draft Legislation Proposes for Medicare and Medicaid Telehealth
Medicare, which provides health coverage mainly to seniors and certain disabled individuals, has historically imposed strict rules on telehealth services, including requiring patients to have an in-person visit before qualifying for telehealth mental health care. This in-person requirement has been a significant barrier, especially for patients living in rural or underserved areas where access to providers can be limited.
Under the new draft legislation, Medicare would remove this in-person requirement for mental health telehealth visits. This change would allow beneficiaries to receive behavioral health treatment remotely without needing to first visit a healthcare facility in person. It represents a dramatic shift toward more flexible, patient-centered care.
In addition to removing the in-person mandate, the legislation aims to:
- Make telehealth benefits more transparent by clearly defining when and where telehealth services are accessible to Medicare and Medicaid beneficiaries.
- Preserve and promote audio-only telehealth services for mental health, recognizing that video technology is not always feasible or accessible for all patients.
- Encourage both Medicare and Medicaid programs to actively promote the use of telehealth among providers, helping expand remote mental health care availability.
- Incentivize state Children’s Health Insurance Programs (CHIP), which serve children in low-income families, to develop local telehealth solutions for mental health services in schools, directly addressing youth mental health needs in familiar settings.
The Importance of Removing the In-Person Requirement
For years, the Medicare in-person requirement has limited telehealth’s potential to reach vulnerable populations. Seniors with mobility challenges, those living far from behavioral health providers, and patients without reliable transportation have often been left without timely care.
During the COVID-19 pandemic, temporary waivers lifted these restrictions, resulting in a surge of telehealth visits and significant improvements in access. Patients and providers alike have voiced strong support for continuing these flexibilities permanently. The draft legislation codifies these changes to ensure they are not reversed once the public health emergency ends.
Removing this requirement could mean:
- Reduced travel time and costs for patients.
- Increased appointment availability, as providers can serve more patients remotely.
- Greater privacy and comfort for patients receiving sensitive behavioral health services.
- Enhanced access for underserved communities, including rural areas and minority populations.
The changes aim to make Medicare telehealth mental health services more practical and accessible for millions of Americans.
Bipartisan Support Highlights Telehealth’s Role in Mental Health Care
The draft legislation has attracted bipartisan backing, reflecting widespread agreement on the importance of telehealth in expanding behavioral health access. Senate Finance Committee leaders emphasized that telehealth was a “game changer” during the pandemic and must be preserved and expanded moving forward.
Senator Ben Cardin (D-Md.) praised the bill, saying, “Telehealth, particularly for behavioral health services, has become an essential component of care, and I am pleased that we have this opportunity to improve access to telemental health care, particularly for underserved communities.”
This bipartisan enthusiasm signals growing momentum in Congress to address long-standing gaps in mental health care and build a more accessible, modern system that leverages Medicare telehealth mental health capabilities.
The Senate Finance Committee’s Comprehensive Mental Health Agenda
The Telemental Health Access to Care Act is part of a broader push by the Senate Finance Committee to address mental health challenges in the U.S. The committee has taken a leading role in shaping mental health policy, holding numerous hearings and forming bipartisan work groups focused on critical areas:
- Behavioral health workforce shortages.
- Care integration, coordination, and access.
- Mental health parity enforcement.
- Telehealth expansion.
- Improving care for children and young adults.
In February, Senator Ron Wyden (D-Ore.), chair of the committee, announced the formation of these work groups, which delivered their first comprehensive report in March. The report highlighted pressing issues like the role of schools in mental health support for children and the persistent failure of many insurers to fully comply with mental health parity laws, which require equal coverage for mental and physical health conditions.
By consolidating these efforts into legislation like the Telemental Health Access to Care Act, the committee aims to create lasting solutions for millions of Americans facing mental health challenges—ensuring Medicare telehealth mental health services remain a key part of the solution.
Alignment with the Biden Administration’s Mental Health Priorities
The draft legislation complements President Joe Biden’s renewed focus on mental health care. In his March State of the Union address, Biden outlined a four-point “unity agenda” that prominently features mental health reform as a national priority.
Furthermore, the Biden administration’s recent National Drug Control Strategy highlights telehealth’s vital role in expanding access to addiction treatment and behavioral health services. This synergy between legislative and executive actions signals strong federal commitment to improving mental health care infrastructure and accessibility, especially via Medicare telehealth mental health.
Why This Legislation Matters: Expanding Access and Improving Outcomes
Mental health disorders affect tens of millions of Americans, and access to timely, effective treatment remains a significant challenge. By removing Medicare’s in-person requirement and promoting telehealth across Medicare, Medicaid, and CHIP, the Telemental Health Access to Care Act could:
- Expand access to mental health services for seniors, children, and vulnerable populations.
- Reduce disparities in care, particularly for rural and underserved communities.
- Support providers in offering flexible, convenient care options.
- Preserve vital telehealth modalities, including audio-only visits, which serve patients without broadband or video-capable devices.
- Enable schools to become critical sites for early mental health intervention through telehealth programs.
As telehealth becomes a standard component of behavioral health care, legislation like this is essential to creating a more accessible, patient-friendly system that meets people where they are and fully utilizes Medicare telehealth mental health capabilities.
Looking Ahead
The Telemental Health Access to Care Act is still in draft form and will undergo review, discussion, and potential revisions before becoming law. However, it represents a significant milestone in federal mental health policy and offers hope for improved telehealth access nationwide.
With bipartisan support, active Senate committee leadership, and alignment with White House priorities, the legislation could soon pave the way for lasting reforms that help millions access the mental health care they need—no matter where they live or their ability to travel.
As the nation continues to grapple with a worsening mental health crisis, especially among youth and underserved populations, expanding telehealth services under Medicare and Medicaid stands out as one of the most promising solutions to improve care accessibility and outcomes.
In summary, the Telemental Health Access to Care Act proposes to modernize Medicare’s telehealth policies by removing the in-person requirement for mental health services, promoting transparency and provider support, and incentivizing school-based telehealth solutions. This draft legislation is poised to expand mental health telehealth access for millions of Americans, helping to address critical gaps in care and build a stronger, more inclusive behavioral health system centered on effective Medicare telehealth mental health services.
