[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1760 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1760

  To amend title XVIII of the Social Security Act to provide for the 
 coverage of marriage and family therapist services and mental health 
counselor services under part B of the medicare program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 4, 2001

  Mr. Thomas (for himself and Mrs. Lincoln) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend title XVIII of the Social Security Act to provide for the 
 coverage of marriage and family therapist services and mental health 
counselor services under part B of the medicare program, 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 ``Seniors Mental Health Access 
Improvement Act of 2001''.

SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL 
              HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE 
              PROGRAM.

    (a) Coverage of Services.--
            (1) In general.--Section 1861(s)(2) of the Social Security 
        Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 
        105(a) of the Medicare, Medicaid, and SCHIP Benefits 
        Improvement and Protection Act of 2000 (114 Stat. 2763A-468 and 
        2763A-471), as enacted into law by section 1(a)(6) of Public 
        Law 106-554, is amended--
                    (A) in subparagraph (U), by striking ``and'' after 
                the semicolon at the end;
                    (B) in subparagraph (V)(iii), by inserting ``and'' 
                after the semicolon at the end; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(W) marriage and family therapist services (as defined in 
        subsection (ww)(1)) and mental health counselor services (as 
        defined in subsection (ww)(3));''.
            (2) Definitions.--Section 1861 of such Act (42 U.S.C. 
        1395x), as amended by sections 102(b) and 105(b) of the 
        Medicare, Medicaid, and SCHIP Benefits Improvement and 
        Protection Act of 2000 (114 Stat. 2763A-468 and 2763A-471), 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:

     ``Marriage and Family Therapist Services; Marriage and Family 
  Therapist; Mental Health Counselor Services; Mental Health Counselor

    ``(ww)(1) The term `marriage and family therapist services' means 
services performed by a marriage and family therapist (as defined in 
paragraph (2)) for the diagnosis and treatment of mental illnesses, 
which the marriage and family therapist is legally authorized to 
perform under State law (or the State regulatory mechanism provided by 
State law) of the State in which such services are performed, as would 
otherwise be covered if furnished by a physician or as an incident to a 
physician's professional service, but only if no facility or other 
provider charges or is paid any amounts with respect to the furnishing 
of such services.
    ``(2) The term `marriage and family therapist' means an individual 
who--
            ``(A) possesses a master's or doctoral degree which 
        qualifies for licensure or certification as a marriage and 
        family therapist pursuant to State law;
            ``(B) after obtaining such degree has performed at least 2 
        years of clinical supervised experience in marriage and family 
        therapy; and
            ``(C) in the case of an individual performing services in a 
        State that provides for licensure or certification of marriage 
        and family therapists, is licensed or certified as a marriage 
        and family therapist in such State.
    ``(3) The term `mental health counselor services' means services 
performed by a mental health counselor (as defined in paragraph (2)) 
for the diagnosis and treatment of mental illnesses which the mental 
health counselor is legally authorized to perform under State law (or 
the State regulatory mechanism provided by the State law) of the State 
in which such services are performed, as would otherwise be covered if 
furnished by a physician or as incident to a physician's professional 
service, but only if no facility or other provider charges or is paid 
any amounts with respect to the furnishing of such services.
    ``(4) The term `mental health counselor' means an individual who--
            ``(A) possesses a master's or doctor's degree in mental 
        health counseling or a related field;
            ``(B) after obtaining such a degree has performed at least 
        2 years of supervised mental health counselor practice; and
            ``(C) in the case of an individual performing services in a 
        State that provides for licensure or certification of mental 
        health counselors or professional counselors, is licensed or 
        certified as a mental health counselor or professional 
        counselor in such State.''.
            (3) Provision for payment under part b.--Section 
        1832(a)(2)(B) of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended 
        by adding at the end the following new clause:
                            ``(v) marriage and family therapist 
                        services and mental health counselor 
                        services;''.
            (4) Amount of payment.--Section 1833(a)(1) of such Act (42 
        U.S.C. 1395l(a)(1)), as amended by sections 105(c) and 223(c) 
        of the Medicare, Medicaid, and SCHIP Benefits Improvement and 
        Protection Act of 2000 (114 Stat. 2763A-472 and 2763A-489), as 
        enacted into law by section 1(a)(6) of Public Law 106-554, is 
        amended--
                    (A) by striking ``and (U)'' and inserting ``(U)''; 
                and
                    (B) by inserting before the semicolon at the end 
                the following: ``, and (V) with respect to marriage and 
                family therapist services and mental health counselor 
                services under section 1861(s)(2)(W), the amounts paid 
                shall be 80 percent of the lesser of the actual charge 
                for the services or 75 percent of the amount determined 
                for payment of a psychologist under clause (L)''.
            (5) Exclusion of marriage and family therapist services and 
        mental health counselor services from skilled nursing facility 
        prospective payment system.--Section 1888(e) of the Social 
        Security Act (42 U.S.C. 1395yy(e)) is amended--
                    (A) in paragraph (2)(A)(i)(II), by striking 
                ``clauses (ii) and (iii)'' and inserting ``clauses (ii) 
                through (iv)''; and
                    (B) by adding at the end of paragraph (2)(A) the 
                following new clause:
                            ``(iv) Exclusion of certain mental health 
                        services.--Services described in this clause 
                        are marriage and family therapist services (as 
                        defined in section 1861(ww)(1)) and mental 
                        health counselor services (as defined in 
                        section 1861(ww)(3)).''.
            (6) Inclusion of marriage and family therapists and mental 
        health counselors as practitioners for assignment of claims.--
        Section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)), 
        as amended by section 105(d) of the Medicare, Medicaid, and 
        SCHIP Benefits Improvement and Protection Act of 2000 (114 
        Stat. 2763A-472), as enacted into law by section 1(a)(6) of 
        Public Law 106-554, is amended by adding at the end the 
        following new clauses:
            ``(vii) A marriage and family therapist (as defined in 
        section 1861(ww)(2)).
            ``(viii) A mental health counselor (as defined in section 
        1861(ww)(4)).''.
    (b) Coverage of Certain Mental Health Services Provided in Certain 
Settings.--
            (1) Rural health clinics and federally qualified health 
        centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 
        U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by a 
        marriage and family therapist (as defined in subsection 
        (ww)(2)), by a mental health counselor (as defined in 
        subsection (ww)(4)),'' after ``by a clinical psychologist (as 
        defined by the Secretary)''.
            (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of 
        such Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by 
        inserting ``or a marriage and family therapist (as defined in 
        subsection (ww)(2))'' after ``social worker''.
    (c) Authorization of Marriage and Family Therapists To Develop 
Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of 
the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by 
inserting ``marriage and family therapist (as defined in subsection 
(ww)(2)),'' after ``social worker,''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to services furnished on or after January 1, 2002.
                                 <all>