[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3147 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3147

  To amend section 404 of the Medicare, Medicaid, and SCHIP Benefits 
 Improvement and Protection Act of 2000 with respect to application of 
   employment criteria under management contracts for certain mental 
                           health facilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2001

 Ms. Woolsey 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 concerned

_______________________________________________________________________

                                 A BILL


 
  To amend section 404 of the Medicare, Medicaid, and SCHIP Benefits 
 Improvement and Protection Act of 2000 with respect to application of 
   employment criteria under management contracts for certain mental 
                           health facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONTINUING CRITERIA FOR MANAGEMENT CONTRACTS FOR PROVIDER-
              BASED STATUS UNDER PART B OF THE MEDICARE PROGRAM FOR 
              CERTAIN MENTAL HEALTH FACILITIES.

    Section 404 of the Medicare, Medicaid, and SCHIP Benefits 
Improvement and Protection Act of 2000 (113 Stat. 2763A-506), as 
enacted into law by section 1(a)(6) of Public Law 106-554, is amended 
by adding at the end the following new subsection:
    ``(e) Grandfather of Management Contracts With Certain Mental 
Health Facilities.--Notwithstanding subsections (a) and (b), with 
respect to determinations of provider-based status on or after January 
20, 2001, a facility or organization that provides inpatient 
psychiatric services and other mental health services shall be exempt 
from the restrictions on managements contracts under section 
413.65(f)(1) of title 42, Code of Federal Regulations insofar as they 
apply to employment of all staff, if the facility or organization--
            ``(1) is managed and staffed by employees of a unit of 
        State or local government pursuant to a public-private 
        affiliation that was entered into before such date; and
            ``(2) assures access to mental health services for low-
        income individuals who are not entitled to benefits under title 
        XVIII of the Social Security Act or to medical assistance under 
        a State plan under title XIX of such Act.''.
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