I 111th CONGRESS 2d Session H. R. 5040 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.
1.
Short title
This Act may be cited as the Health Information Technology Extension for Behavioral Health Services Act of 2010.
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,.
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:
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.
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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). .