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--

      (1) in paragraph (2)--

        (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