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Manning Leads 28 Bipartisan Members of Congress in Letter Urging the Department of Labor to Maintain Access to Telehealth Services

March 3, 2023

Washington, DC – Today, Congresswoman Kathy Manning (NC-06), and Representatives Brian Fitzpatrick (PA-01) and Doris Matsui (CA-07), led a bipartisan group of 28 Members of Congress in urging the Department of Labor to issue guidance to support insurers and facilitate health plans that maintain access to telehealth appointments for mental health and substance use disorder, in compliance with federal parity law. The Employee Benefits Security Administration (EBSA), within in the Department of Labor, has primary enforcement jurisdiction for approximately 2 million health plans covering 136 million Americans.

The Members wrote:

“Mental health conditions continue to be the top claims diagnosis in the commercial market rising from 30% in January 2020 to roughly 65% in November 2022.Given the immense need for Mental Health and Substance Use Disorder services combined with acute behavioral health workforce shortages, we want to ensure insurance plans and issuers understand their responsibility under federal parity law as it relates to behavioral health services delivered via telehealth.”

The COVID-19 national emergency and public health emergency declaration is scheduled to terminate on Thursday, May 11, 2023. The termination of these declarations calls into question the future of telehealth access for millions of Americans who rely on telehealth services for treatment of mental health and substance use disorders.

The Members continued:

“Some troubling scenarios have come to our attention where telehealth services for behavioral health conditions are being curtailed…In an effort to support care continuity and coverage, we urge the agency to issue guidance to support insurers and facilitate health plans that maintain access to telehealth and comply with federal parity law.”

Since the onset of the COVID-19 pandemic, the use of telehealth services for mental health and substance use disorder (MH/SUD) care has grown dramatically, with 41% of MH/SUD care delivered via telehealth by October 2020. Telehealth MH/SUD visits also made up the majority of all outpatient services delivered via telehealth in 2020 and 2021.

The letter is signed by: Representatives Kathy Manning (NC-06), Brian Fitzpatrick (PA-01), Doris Matsui (CA-07), David Trone (MD-06), Paul Tonko (NY-20)  Grace Napolitano (CA-31), Jasmine Crockett (TX-30), Antonio (Tony) Cardenas (CA-29), Lori Trahan (MA-03), Ann Kuster (NH-02), Eleanor Holmes Norton (DC), Mikie Sherrill (NJ-11), Lisa McClain (MI-09), Mark DeSaulnier (CA-11), Susan Wild (PA-07), Lisa Blunt Rochester (DE-AL), Adam Smith (WA-09), Bill Keating (MA-09), Salud Carbajal (CA-24), Stephen Lynch (MA-08), Angie Craig (MN-02), Becca Balint (VT-AL), Bill Foster (IL-11), Sheila Cherfilus-McCormick (FL-20), Nanette Barragan (CA-44), Josh Gottheimer (NJ-05), Sara Jacobs (CA-51), Emanuel Cleaver (MO-05), Robin Kelly (IL-02). 

Find a copy of the letter here

Issues:Health