S 539
112th CONGRESS
1st Session
S. 539
To amend the Public Health Services Act and the Social Security
Act to extend health information technology assistance eligibility to
behavioral health, mental health, and substance abuse professionals
and facilities, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 10, 2011
Mr. WHITEHOUSE introduced the following bill; which was read twice
and referred to the Committee on Finance
A BILL
To amend the Public Health Services Act and the Social Security
Act to extend health information technology assistance eligibility to
behavioral health, mental health, and substance abuse professionals
and facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Behavioral Health Information Technology
Act of 2011'.
SEC. 2. EXTENSION OF HEALTH INFORMATION TECHNOLOGY ASSISTANCE FOR
BEHAVIORAL HEALTH AND MENTAL HEALTH AND SUBSTANCE ABUSE.
Section 3000(3) of the Public Health Services Act (42 U.S.C. 300jj(3))
is amended by inserting `a behavioral or mental health professional
(as defined in section 331(a)(3)(E)(i)), a substance abuse professional,
a psychiatric hospital (as defined in section 1861(f) of the Social
Security Act), a community mental health center (as described in section
1913(b)(2)) (including community mental health centers that are operated
by county behavioral health agencies), a residential mental health treatment
facility, an outpatient mental health treatment facility, a substance
abuse treatment facility,' before `and any other category'.
SEC. 3. EXTENSION OF HEALTH INFORMATION TECHNOLOGY REGIONAL EXTENSION
CENTERS.
Section 3012(c)(4) of the Public Health Service Act (42 U.S.C. 300jj-32(c)(4))
is amended by adding at the end the following:
`(E) Community mental health centers (as described in section 1913(b)(2)),
psychiatric hospitals (as defined in section 1861(f) of the Social
Security Act), behavioral and mental health professionals (as defined
in section 331(a)(3)(E)(i)), substance abuse professionals, residential
mental health treatment facilities, outpatient mental health treatment
facilities, and substance abuse treatment facilities, including
such facilities operated, managed, or contracted for by a county
behavioral health agency.'.
SEC. 4. EXTENSION OF ELIGIBILITY FOR MEDICARE AND MEDICAID HEALTH
INFORMATION TECHNOLOGY ASSISTANCE.
(a) Payment Incentives for Eligible Professionals Under the Medicare
Program- Section 1848 of the Social Security Act (42 U.S.C. 1395w-4)
is amended--
(1) in subsection (a)(7)(E), by amending clause (iii) to read as follows:
`(iii) ELIGIBLE PROFESSIONAL- The term `eligible professional'
means any of the following:
`(I) A physician (as defined section 1861(r)).
`(II) A clinical psychologist providing qualified psychologist
services (as defined in section 1861(ii)).
`(III) A clinical social worker (as defined in section 1861(hh)(1)).';
and
(2) in subsection (o)(5), by amending subparagraph (C) to read as
follows:
`(C) ELIGIBLE PROFESSIONAL- The term `eligible professional' means
any of the following:
`(i) A physician (as defined section 1861(r)).
`(ii) A clinical psychologist providing qualified psychologist
services (as defined in section 1861(ii)).
`(iii) A clinical social worker (as defined in section 1861(hh)(1)).'.
(b) Eligible Hospitals- Section 1886(s) of the Social Security Act (42
U.S.C. 1395ww(s)) is amended--
(1) in paragraph (4)(A)(i), by inserting `(or, beginning with fiscal
year 2015, by one-quarter of such annual update (determined without
regard to clause (i) or (ii) of paragraph (2)(A) or paragraph (5))'
after `2 percentage points'; and
(2) by adding at the end the following new paragraph:
`(5) APPLICATION OF INCENTIVES AND INCENTIVE MARKET BASKET ADJUSTMENT
FOR ADOPTION AND MEANINGFUL USE OF CERTIFIED EHR TECHNOLOGY- The provisions
of subsections (n) and (b)(3)(B)(ix) shall apply to a psychiatric
hospital (as defined in section 1861(f)) that furnishes inpatient
hospital services with respect to a rate year beginning in a fiscal
year in the same manner as such subsections apply to an eligible hospital
(as defined in subsection (n)(6)(B)) with respect to such fiscal year
(in accordance with rules prescribed by the Secretary).'.
(c) Medicaid Providers- Section 1903(t) of the Social Security Act (42
U.S.C. 1396b(t)) is amended--
(A) in subparagraph (B)--
(i) in clause (i), by striking `, or' and inserting a semicolon;
(ii) in clause (ii), by striking the period at the end and inserting
a semicolon; and
(iii) by adding after clause (ii) the following:
`(iii) a public hospital that is principally a psychiatric hospital
(as defined in section 1861(f));
`(iv) a private hospital that is principally a psychiatric hospital
(as defined in section 1861(f)) and that has at least 10 percent
of its patient volume (as estimated in accordance with a methodology
established by the Secretary) attributable to individuals who
are receiving medical assistance under this title;
`(v) a community mental health center (as described in section
1913(b)(2) of the Public Health Service Act);
`(vi) a residential or outpatient mental health treatment facility
that--
`(I) is accredited by the Joint Commission on Accreditation
of Healthcare Organizations, the Commission on Accreditation
of Rehabilitation Facilities, the Council on Accreditation,
or any other national accrediting agency recognized by the Secretary;
and
`(II) has at least 10 percent of its patient volume (as estimated
in accordance with a methodology established by the Secretary)
attributable to individuals who are receiving medical assistance
under this title; or
`(vii) a substance abuse treatment facility that--
`(I) is accredited by the Joint Commission on Accreditation
of Healthcare Organizations, the Commission on Accreditation
of Rehabilitation Facilities, the Council on Accreditation,
or any other national accrediting agency recognized by the Secretary;
and
`(II) has at least 10 percent of its patient volume (as estimated
in accordance with a methodology established by the Secretary)
attributable to individuals who are receiving medical assistance
under this title.'; and
(B) in the flush matter at the end, by adding the following: `For
purposes of subparagraph (B), a hospital, facility, or mental health
center described under such subparagraph shall include those operated
or managed, directly or under contract, by a county behavioral health
center.'; and
(2) in paragraph (3)(B)--
(A) in clause (iv), by striking `; and' and inserting a semicolon;
(B) in clause (v), by striking the period and inserting a semicolon;
and
(C) by adding at the end the following:
`(vi) clinical psychologist providing qualified psychologist services
(as defined in section 1861(ii)), if such clinical psychologist
is practicing in an outpatient setting that--
`(I) is led by a clinical psychologist; and
`(II) is not otherwise receiving payment under paragraph (1)
as a Medicaid provider described in paragraph (2)(B); and
`(vii) a clinical social worker (as defined in section 1861(hh)(1)),
if such clinical social worker is practicing in an outpatient
clinic that--
`(I) is led by a clinical social worker; and
`(II) is not otherwise receiving payment under paragraph (1)
as a Medicaid provider described in paragraph (2)(B).'.
END
