118 HR 5510 IH: Helping Out Patients for Emotional and Mental Wellbeing Act U.S. House of Representatives 2023-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5510IN THE HOUSE OF REPRESENTATIVESSeptember 14, 2023Ms. Salinas (for herself and Mrs. Napolitano) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to require coverage of 3 primary care visits without cost sharing each year under the Medicare program.

1.

Short title

This Act may be cited as the Helping Out Patients for Emotional and Mental Wellbeing Act or the HOPE and Mental Wellbeing Act of 2023.

2.

Requiring coverage of 3 primary care visits without cost sharing each year under Medicare

(a)

Medicare

(1)

In general

Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended—(A)in subsection (a)(1)—(i)by striking and before (HH); and (ii)by inserting before the semicolon at the end the following: , and (II) with respect to the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024) for which payment may be made under a specified outpatient payment provision described in subsection (cc)(2), the amounts paid shall be 100 percent of the lesser of the actual charge or the payment amount otherwise recognized under such respective specified outpatient payment provision for such visit; and(B)in subsection (b), in the first sentence—(i)by striking and before (13);(ii)in paragraph (13), by striking .. and inserting a period; and (iii)by inserting before the period at the end the following: , and (13) shall not apply with respect to the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024) for which payment may be made under a specified outpatient payment provision described in subsection (cc)(2).(2)

Medicare Advantage

Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended—(A)in clause (iv)—(i)by redesignating subclause (VIII) as subclause (IX); and(ii)by inserting after subclause (VII) the following new subclause:(VIII)the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an enrollee during a year (beginning with 2024).; and(B)in clause (v), by striking and (VII) and inserting (VII), and (VIII).(3)

Definition

Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection:(nnn)

Primary care visit

The term primary care visit means outpatient behavioral health services, nonspecialty medical services, and care coordination services furnished for the prevention, diagnosis, treatment, or management of a physical or behavioral health condition. .(b)

Medicaid

(1)

In general

Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended—(A)in subsection (a)(2)—(i)in subparagraph (I), by striking or at the end;(ii)in subparagraph (J), by striking ; and at the end and inserting , or; and(iii)by adding at the end the following new subparagraph:(K)the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024) for which payment may be made under this title; and; and(B)in subsection (b)(2)—(i)in subparagraph (I), by striking or at the end;(ii)in subparagraph (J), by striking ; and at the end and inserting , or; and(iii)by adding at the end the following new subparagraph:(K)the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024); and.(2)

Application to alternative cost sharing

Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is amended by adding at the end the following new clause:(xv)The first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024)..