[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1447 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1447

  To amend title XVIII of the Social Security Act to provide for the 
coverage of marriage and family therapist services under part B of the 
               Medicare Program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2005

  Mr. Strickland (for himself, Ms. Ros-Lehtinen, Mr. Wilson of South 
 Carolina, Mr. Westmoreland, Mr. Towns, and Mr. Waxman) 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 title XVIII of the Social Security Act to provide for the 
coverage of marriage and family therapist 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 2005''.

SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES UNDER PART 
              B.

    (a) Coverage of Services.--Section 1861(s)(2) of the Social 
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
            (1) in subparagraph (Y), by striking ``and'' at the end;
            (2) in subparagraph (Z), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(AA) marriage and family therapist services (as 
                defined in subsection (bbb)(1));''.
    (b) Definition.--Section 1861 of such Act (42 U.S.C. 1395x) is 
amended by adding at the end thereof the following new subsection:

                ``Marriage and Family Therapist Services

    ``(bbb)(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 
        two 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 
        or family therapists, is licensed or certified as a marriage 
        and family therapist in such State.''.
    (c) 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;''.
    (d) Amount of Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 
13951(a)(1)) is amended--
            (1) by striking ``and (V)'' and inserting ``(V)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (W) with respect to marriage and family 
        therapist services under section 1861(s)(2)(AA), 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)''.
    (e) Exclusion of Marriage and Family Therapist Services From 
Skilled Nursing Facility Prospective Payment System.--Section 
1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is 
amended by inserting ``marriage and family therapist services,'' after 
``qualified psychologist services,''.
    (f) Inclusion of Marriage and Family Therapists as Practitioners 
for Assignment of Claims.--Section 1842(b)(18)(C) of such Act (42 
U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following 
new clause:
            ``(vii) A marriage and family therapist (as defined in 
        section 1861(bbb)(2)).''.

SEC. 3. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES PROVIDED IN 
              CERTAIN SETTINGS.

    (a) Rural Health Clinics.--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 (bbb)(2)),'' 
after ``by a clinical psychologist (as defined by the Secretary)''.
    (b) 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 
marriage and family therapist (as defined in subsection (bbb)(2))'' 
after ``social worker''.

SEC. 4. 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 (bbb)(2)),'' after ``social 
worker,''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act apply with respect to services 
furnished on or after January 1, 2006.
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