[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1693 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1693
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 HOUSE OF REPRESENTATIVES
March 24, 2009
Mr. Gordon of Tennessee (for himself, Mrs. Napolitano, and Mr. Lewis of
Georgia) 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 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 2009''.
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)) is amended--
(A) in subparagraph (DD), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (EE), by inserting ``and''
after the semicolon at the end; and
(C) by adding at the end the following new
subparagraph:
``(FF) marriage and family therapist services (as
defined in subsection (hhh)(1)) and mental health
counselor services (as defined in subsection
(hhh)(3));''.
(2) Definitions.--Section 1861 of such Act (42 U.S.C.
1395x) is amended by adding at the end the following new
subsection:
``Marriage and Family Therapist Services
``(hhh)(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 (4))
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 (as defined in section 1861(hhh)(1))
and mental health counselor services (as
defined in section 1861(hhh)(3));''.
(4) Amount of payment.--Section 1833(a)(1) of such Act (42
U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (W)'' and inserting ``(W)'';
and
(B) by inserting before the semicolon at the end
the following: ``, and (X) with respect to marriage and
family therapist services and mental health counselor
services under section 1861(s)(2)(FF), 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 subparagraph (L)''.
(5) Exclusion of marriage and family therapist services and
mental health counselor 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, mental health
counselor services,'' after ``qualified psychologist
services,''.
(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))
is amended by adding at the end the following new clauses:
``(vii) A marriage and family therapist (as
defined in section 1861(hhh)(2)).
``(viii) A mental health counselor (as
defined in section 1861(hhh)(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 such Act (42 U.S.C.
1395x(aa)(1)(B)) is amended by striking ``or by a clinical
social worker (as defined in subsection (hh)(1))'' and
inserting ``by a clinical social worker (as defined in
subsection (hh)(1)), by a marriage and family therapist (as
defined in subsection (hhh)(2)), or by a mental health
counselor (as defined in subsection (hhh)(4))''.
(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 one marriage and family therapist or mental
health counselor'' after ``social worker''.
(c) Authorization of Marriage and Family Therapists and Mental
Health Counselors To Develop Discharge Plans for Post-Hospital
Services.--Section 1861(ee)(2)(G) of such Act (42 U.S.C.
1395x(ee)(2)(G)) is amended by inserting ``including those marriage and
family therapists and mental health counselors meeting appropriate
qualification standards as issued by the Secretary'' after ``social
worker, qualified personnel''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to services furnished on or after January 1, 2010.
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