[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5055 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5055

To amend the Social Security Act and the Public Health Service Act with 
   respect to qualifications for community mental health centers, to 
postpone for 1 year the application of the Medicare hospital outpatient 
prospective payment system to partial hospitalization services, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

   Mr. Lampson (for himself, Mr. Paul, Ms. Jackson-Lee of Texas, Mr. 
Bentsen, Mr. Green of Texas, Mr. Strickland, Mr. Turner, Mr. Baird, and 
 Mr. Rangel) introduced the following bill; which was referred to the 
  Committee on 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 concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Social Security Act and the Public Health Service Act with 
   respect to qualifications for community mental health centers, to 
postpone for 1 year the application of the Medicare hospital outpatient 
prospective payment system to partial hospitalization services, 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 ``Community Mental Health Center 
Improvement Act of 2000`'.

SEC. 2. QUALIFICATIONS FOR COMMUNITY MENTAL HEALTH CENTERS.

    (a) Medicare Program.--Section 1861(ff)(3)(B) of the Social 
Security Act (42 U.S.C. 1395x(ff)(3)(B)) is amended by striking 
``entity'' and all that follows and inserting the following: ``entity 
that--
            ``(i)(I) provides the mental health services described in 
        section 1913(c)(1) of the Public Health Service Act; or
            ``(II) in the case of an entity operating in a State that 
        by law precludes the entity from providing itself a service 
        described in such section, provides for such service by 
        contract with an approved organization or entity (as determined 
        by the Secretary);
            ``(ii) meets applicable licensing or certification 
        requirements for community mental health centers in the State 
        in which it is located; and
            ``(iii) meets such additional conditions as the Secretary 
        shall specify to ensure (I) the health and safety of 
        individuals being furnished such services, (II) the effective 
        and efficient furnishing of such services, and (III) the 
        compliance of such entity with the criteria described in 
        section 1931(c)(1) of the Public Health Service Act.''.
    (b) Program of Block Grants for Community Mental Health Services.--
Section 1913(c)(1)(E) of the Public Health Service Act (42 U.S.C. 300x-
3(c)(1)(E)) is amended to read as follows:
                    ``(E) Determining the clinical appropriateness of 
                admissions to any inpatient psychiatric hospitals by 
                engaging a full-time mental health professional who is 
                licensed or certified to make such a determination by 
                the State involved.''.
    (c) Effective Date.--The amendments made by this section apply with 
respect to community mental health centers with respect to services 
furnished on or after the first day of the third month beginning after 
the date of the enactment of this Act.

SEC. 3. 1 YEAR DELAY IN APPLICATION OF MEDICARE HOSPITAL OUTPATIENT 
              PROSPECTIVE PAYMENT SYSTEM TO PARTIAL HOSPITALIZATION 
              SERVICES.

    Section 1833(t) of the Social Security Act (42 U.S.C. 1395l1(t)) is 
amended--
            (1) by redesignating paragraph (13) as paragraph (14); and
            (2) by inserting after paragraph (12) the following new 
        paragraph:
            ``(13) Partial hospitalization services.--In the case of 
        partial hospitalization services (as defined in section 
        1861(ff))--
                    ``(A) the system under this subsection shall not 
                apply to covered partial hospitalization services 
                furnished before August 1, 2001; and
                    ``(B) the Secretary may establish a separate 
                conversion factor for such services in a manner that 
                specifically takes into account the unique costs 
                incurred by providers of such services by virtue of 
                their patient population and service intensity.''.

SEC. 4. AUTHORITY TO MAKE OPD PPS TRANSITIONAL CORRIDOR PAYMENTS TO 
              HOSPITALS THAT DID NOT SUBMIT COST REPORTS FOR 1996.

    (a) In General.--Section 1833(t)(7)(F)(ii)(I) of the Social 
Security Act, as inserted by section 202(a)(3) of the Medicare, 
Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 
1501A-343), as enacted into law by section 1000(a)(6) of P.L. 106-113, 
is amended to read as follows:
                                    ``(I) the hospital's reimbursement 
                                under this part for covered OPD 
                                services (including any reimbursement 
                                for such services through cost-sharing 
                                described in subparagraph (E)) 
                                furnished during the cost reporting 
                                period ending in 1996, or, in the case 
                                of a hospital that did not submit a 
                                cost report for such cost reporting 
                                period, furnished during the first 
                                subsequent cost reporting period ending 
                                in or before 2000 for which the 
                                hospital submitted a cost report, to''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the enactment of the Balanced Budget Act of 
1997, as amended by the Medicare, Medicaid, and SCHIP Balanced Budget 
Refinement Act of 1999.
                                 <all>