[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4373 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4373

   To amend title XVIII of the Social Security Act to stabilize and 
 modernize the provision of partial hospitalization services under the 
               Medicare Program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2009

Mr. Hastings of Florida (for himself, Mr. Meek of Florida, Mr. Barrow, 
 Ms. Jackson-Lee of Texas, Mr. Stark, and Mrs. Napolitano) introduced 
  the following bill; which was referred to the Committee on Ways and 
 Means, and in addition to the Committee on Energy and Commerce, 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 stabilize and 
 modernize the provision of partial hospitalization services under 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 ``Outpatient Mental Health 
Modernization Act of 2009''.

SEC. 2. ALLOWABLE PARTIAL HOSPITALIZATION SERVICES.

    (a) In General.--Section 1861(ff)(2) of the Social Security Act (42 
U.S.C. 1395x(ff)(2)) is amended--
            (1) in subparagraph (H) by striking ``, and'' at the end;
            (2) by redesignating subparagraph (I) as subparagraph (J);
            (3) in subparagraph (J), as redesignated by paragraph (2), 
        by striking ``(but in no event to include meals and 
        transportation)'';
            (4) by inserting after subparagraph (H) the following new 
        subparagraph:
                    ``(I) nutritional planning, meals, and 
                transportation, and''; and
            (5) by adding at the end the following new sentence: ``The 
        guidelines established under the preceding sentence shall not 
        allow for nutritional planning, meals, and transportation to be 
        considered as meeting the minimum number of services 
        requirement in order to receive payment for such items and 
        services.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after January 1, 2011.

SEC. 3. BEHAVIORAL HEALTH ADVISORY COMMITTEE.

    (a) In General.--Not later than January 1, 2011, the Secretary of 
Health and Human Services shall convene a Behavioral Health Advisory 
Committee (in this section referred to as the ``Advisory Committee'') 
composed of stakeholders in the behavioral health community.
    (b) Duties.--The Advisory Committee shall address issues relating 
to--
            (1) discrimination against the chronically mentally ill, 
        elderly, and United States veterans as it relates to receiving 
        treatment for mental illness;
            (2) the establishment of conditions of participation for 
        community mental health centers (as defined in paragraph (3)(B) 
        of section 1861(ff) of the Social Security Act (42 U.S.C. 
        1395x(ff)) that provide partial hospitalization services (as 
        defined in paragraph (1) of such section) under the Medicare 
        program under title XVIII of such Act; and
            (3) other matters to be determined jointly by the Secretary 
        and the Advisory Committee.
    (c) Implementation.--Not later than January 1, 2012, the Secretary 
of Health and Human Services, in consultation with the Advisory 
Committee, shall implement conditions of participation for community 
mental health centers (as so defined) that provide partial 
hospitalization services (as so defined) under the Medicare program 
under title XVIII of the Social Security Act.
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