[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5040 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5040

 To amend the Public Health Service Act and the Social Security Act to 
    extend health information technology assistance eligibility to 
behavioral health, mental health, and substance abuse professionals and 
                  facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2010

Mr. Kennedy (for himself, Mr. Tim Murphy of Pennsylvania, Mr. Murphy of 
  Connecticut, Mr. Gene Green of Texas, and Mr. Hastings of Florida) 
 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 the Public Health Service Act and the Social Security Act to 
    extend health information technology assistance eligibility to 
behavioral health, mental health, and substance abuse professionals and 
                  facilities, 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 ``Health Information Technology 
Extension for Behavioral Health Services Act of 2010''.

SEC. 2. EXTENSION OF HEALTH INFORMATION TECHNOLOGY ASSISTANCE FOR 
              BEHAVIORAL AND MENTAL HEALTH AND SUBSTANCE ABUSE.

    Section 3000(3) of the Public Health Service Act (42 U.S.C. 
300jj(3)) is amended by inserting before ``and any other category'' the 
following: ``behavioral and mental health professionals (as defined in 
section 331(a)(3)(E)(i)), a substance abuse professional, a psychiatric 
hospital (as defined in section 1861(f) of the Social Security Act (42 
U.S.C. 1395x(f))), a behavioral and mental health clinic, a substance 
abuse treatment facility,''.

SEC. 3. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY GRANT PROGRAM.

    Title XXX of the Public Health Service Act (42 U.S.C. 300jj et 
seq.) is amended by adding at the end the following new section:

``SEC. 3019. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY GRANT PROGRAM.

    ``(a) In General.--The Secretary, acting through the National 
Coordinator, shall award grants to eligible entities for the purpose of 
conducting activities described in subsection (b).
    ``(b) Use of Funds.--A grant awarded under subsection (a) may be 
used by an eligible entity to--
            ``(1) facilitate the purchase of health information 
        technology;
            ``(2) enhance the use of health information technology, 
        including covering costs associated with upgrading health 
        information technology in order to meet the criteria required 
        to become a certified EHR technology;
            ``(3) train personnel in the use of health information 
        technology;
            ``(4) improve the secure electronic exchange of health 
        information among behavioral and mental health professionals, 
        substance abuse professionals, and other health care providers, 
        including those providing primary care services;
            ``(5) improve health information technology for adaptation 
        to community-based behavioral heath settings;
            ``(6) assist with the implementation of telemedicine, 
        including facilitation of distance clinical consultations in 
        rural and underserved areas; and
            ``(7) collaborate and integrate with health information 
        technology regional extension centers (as described in section 
        3012(c)).
    ``(c) Eligible Entity.--For the purposes of this section, the term 
`eligible entity' means a mental health treatment facility, substance 
abuse treatment facility, or psychiatric hospital (as defined in 
section 1861(f) of the Social Security Act (42 U.S.C. 1395x(f)))--
            ``(1) that is not otherwise receiving payment under section 
        1886(n) of the Social Security Act (42 U.S.C. 1395ww(n)) or 
        section 1903(t) of the Social Security Act (42 U.S.C. 
        1396b(t));
            ``(2) at which no services are furnished by an eligible 
        professional who is receiving payment under section 1848(o) of 
        the Social Security Act (42 U.S.C. 1395w-4(o)); and
            ``(3) that provides assurances to the satisfaction of the 
        Secretary that such facility will use such funds to satisfy the 
        requirements to be treated as a meaningful EHR user, as defined 
        in section 1886(n)(3) of the Social Security Act (42 U.S.C. 
        1395ww(n)(3)), or to become eligible for a payment under 
        section 1903(t) of the Social Security Act (42 U.S.C. 
        1396b(t)).
    ``(d) Standards for Acquisition of Health Information Technology.--
To the greatest extent practicable, the Secretary shall ensure that 
where funds are expended under this section for the acquisition of 
health information technology, such funds shall be used to acquire 
health information technology that meets applicable standards adopted 
under section 3004. Where it is not practicable to expend funds on 
health information technology that meets such applicable standards, the 
Secretary shall ensure that such health information technology meets 
applicable standards otherwise adopted by the Secretary.
    ``(e) Report.--Not later than 2 years after the date of the 
enactment of this section, the National Coordinator shall submit to 
Congress a report containing such information as the Secretary may 
require.
    ``(f) Authorization of Appropriations.--For the purposes of 
carrying out subsection (a), there is authorized to be appropriated 
$15,000,000 for fiscal year 2011.''.

SEC. 4. EXTENSION OF ELIGIBILITY FOR MEDICARE AND MEDICAID HEALTH 
              INFORMATION TECHNOLOGY IMPLEMENTATION ASSISTANCE.

    (a) Payment Incentives for Eligible Professionals Under Medicare.--
Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is 
amended--
            (1) by amending clause (iii) of subsection (a)(7)(E) to 
        read as follows:
                            ``(iii) Eligible professional.--The term 
                        `eligible professional' means any of the 
                        following:
                                    ``(I) A physician (as defined in 
                                section 1861(r)).
                                    ``(II) A clinical psychologist 
                                providing qualified psychologist 
                                services (as defined in section 
                                1861(ii)).
                                    ``(III) A clinical social worker 
                                (as defined in section 1861(hh)(1)).''; 
                                and
            (2) by amending subparagraph (C) of subsection (o)(5) to 
        read as follows:
                    ``(C) Eligible professional.--The term `eligible 
                professional' means any of the following:
                            ``(i) A physician (as defined in section 
                        1861(r)).
                            ``(ii) A clinical psychologist providing 
                        qualified psychologist services (as defined in 
                        section 1861(ii)).
                            ``(iii) A clinical social worker (as 
                        defined in section 1861(hh)(1)).''.
    (b) Eligible Hospitals.--Section 1886(n)(6)(B) of the Social 
Security Act (42 U.S.C. 1395ww(n)(6)(B)) is amended by inserting before 
the period the following: ``or an inpatient hospital that is a 
psychiatric hospital (as defined in section 1861(f))''.
    (c) Medicaid Providers.--Section 1903(t) of the Social Security Act 
(42 U.S.C. 1396b(t)) is amended as follows:
            (1) Paragraph (2)(B) is amended--
                    (A) in clause (i), by striking ``, or'' and 
                inserting a semicolon;
                    (B) in clause (ii), by striking the period and 
                inserting a semicolon; and
                    (C) by adding after clause (ii) the following new 
                clauses:
                            ``(iii) a public hospital that is 
                        principally a psychiatric hospital (as defined 
                        in section 1861(f));
                            ``(iv) a private hospital that is 
                        principally a psychiatric hospital (as defined 
                        in section 1861(f)) and that has at least 10 
                        percent of its patient volume (as estimated in 
                        accordance with a methodology established by 
                        the Secretary) attributable to individuals 
                        receiving medical assistance under this title;
                            ``(v) a mental health treatment facility 
                        that has at least 10 percent of its patient 
                        volume (as estimated in accordance with a 
                        methodology established by the Secretary) 
                        attributable to individuals receiving medical 
                        assistance under this title; or
                            ``(vi) a substance abuse treatment facility 
                        that has at least 10 percent of its patient 
                        volume (as estimated in accordance with a 
                        methodology established by the Secretary) 
                        attributable to individuals receiving medical 
                        assistance under this title.''.
            (2) Paragraph (3)(B) is amended--
                    (A) in clause (iv), by striking ``and'' after the 
                semicolon;
                    (B) in clause (v), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following new clauses:
                            ``(vi) clinical psychologist providing 
                        qualified psychologist services (as defined in 
                        section 1861(ii)), if such clinical 
                        psychologist is practicing in an outpatient 
                        clinic that--
                                    ``(I) is led by a clinical 
                                psychologist; and
                                    ``(II) is not otherwise receiving 
                                payment under paragraph (1) as a 
                                Medicaid provider described in 
                                paragraph (2)(B); and
                            ``(vii) clinical social worker (as defined 
                        in section 1861(hh)(1)), if such clinical 
                        social worker is practicing in an outpatient 
                        clinic that--
                                    ``(I) is led by a clinical social 
                                worker; and
                                    ``(II) is not otherwise receiving 
                                payment under paragraph (1) as a 
                                Medicaid provider described in 
                                paragraph (2)(B).''.
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