[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1152 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1152

     To amend title XVIII of the Social Security Act to eliminate 
  discriminatory copayment rates for outpatient psychiatric services 
                      under the Medicare Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2005

    Ms. Snowe (for herself, Mr. Kerry, Mr. Smith, and Ms. Collins) 
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 eliminate 
  discriminatory copayment rates for outpatient psychiatric services 
                      under the Medicare Program.

    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 ``Medicare Mental Health Copayment 
Equity Act of 2005''.

SEC. 2. ELIMINATION OF DISCRIMINATORY COPAYMENT RATES FOR MEDICARE 
              OUTPATIENT PSYCHIATRIC SERVICES.

    Section 1833(c) of the Social Security Act (42 U.S.C. 1395l(c)) is 
amended to read as follows:
    ``(c)(1) Notwithstanding any other provision of this part, with 
respect to expenses incurred in a calendar year in connection with the 
treatment of mental, psychoneurotic, and personality disorders of an 
individual who is not an inpatient of a hospital at the time such 
expenses are incurred, there shall be considered as incurred expenses 
for purposes of subsections (a) and (b)--
            ``(A) for expenses incurred in any year before 2006, only 
        62\1/2\ percent of such expenses;
            ``(B) for expenses incurred in 2006, only 68\3/4\ percent 
        of such expenses;
            ``(C) for expenses incurred in 2007, only 75 percent of 
        such expenses;
            ``(D) for expenses incurred in 2008, only 81\1/4\ percent 
        of such expenses;
            ``(E) for expenses incurred in 2009, only 87\1/2\ percent 
        of such expenses;
            ``(F) for expenses incurred in 2010, only 93\3/4\ percent 
        of such expenses; and
            ``(G) for expenses incurred in 2011, or any subsequent 
        year, 100 percent of such expenses.
    ``(2) For purposes of subparagraphs (A) through (F) of paragraph 
(1), the term `treatment' does not include brief office visits (as 
defined by the Secretary) for the sole purpose of monitoring or 
changing drug prescriptions used in the treatment of such disorders or 
partial hospitalization services that are not directly provided by a 
physician.''.
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