1.This Act may be cited as the
Community Mental Health and Addiction
Safety Net Equity Act of 2010
.
2.Federally
Qualified Behavioral Health CentersSection 1913 of the Public Health Service
Act (42 U.S.C. 300x–3) is amended—
(1)in subsection
(a)(2)(A), by striking community mental health services
and
inserting behavioral health services (of the type offered by federally
qualified behavioral health centers consistent with subsection
(c)(3))
;
(2)in subsection
(b)—
(A)by striking
paragraph (1) and inserting the following:
(1)services under the
plan will be provided only through appropriate, qualified community programs
(which may include federally qualified behavioral health centers, child mental
health programs, psychosocial rehabilitation programs, mental health
peer-support programs, and mental health primary consumer-directed programs);
and
;
and
(B)in paragraph (2),
by striking community mental health centers
and inserting
federally qualified behavioral health centers
; and
(3)by striking
subsection (c) and inserting the following:
(c)Criteria for
Federally Qualified Behavioral Health Centers
(1)The Administrator shall certify, and recertify at least
every 5 years, federally qualified behavioral health centers as meeting the
criteria specified in this subsection.
(2)Not later than 18 months after the date of
the enactment of the Community Mental Health and Addiction Safety Net Equity
Act of 2010, the Administrator shall issue final regulations for certifying
non-profit or local government centers as centers under paragraph (1).
(3)The
criteria referred to in subsection (b)(2) are that the center performs each of
the following:
(A)Provide services
in locations that ensure services will be available and accessible promptly and
in a manner which preserves human dignity and assures continuity of
care.
(B)Provide services
in a mode of service delivery appropriate for the target population.
(C)Provide
individuals with a choice of service options where there is more than one
efficacious treatment.
(D)Employ a core
staff of clinical staff that is multidisciplinary and culturally and
linguistically competent.
(E)Provide services,
within the limits of the capacities of the center, to any individual residing
or employed in the service area of the center, regardless of the ability of the
individual to pay.
(F)Provide, directly
or through contract, to the extent covered for adults in the State Medicaid
plan under title XIX of the Social Security Act and for children in accordance
with section 1905(r) of such Act regarding early and periodic screening,
diagnosis, and treatment, each of the following services:
(i)Screening,
assessment, and diagnosis, including risk assessment.
(ii)Person-centered
treatment planning or similar processes, including risk assessment and crisis
planning.
(iii)Outpatient
clinic mental health services, including screening, assessment, diagnosis,
psychotherapy, substance abuse counseling, medication management, and
integrated treatment for mental illness and substance abuse which shall be
evidence-based (including cognitive behavioral therapy and other such therapies
which are evidence-based).
(iv)Outpatient clinic
primary care services, including screening and monitoring of key health
indicators and health risk (including screening for diabetes, hypertension, and
cardiovascular disease and monitoring of weight, height, body mass index (BMI),
blood pressure, blood glucose or HbA1C, and lipid profile).
(v)Crisis mental
health services, including 24-hour mobile crisis teams, emergency crisis
intervention services, and crisis stabilization.
(vi)Targeted case
management (services to assist individuals gaining access to needed medical,
social, educational, and other services and applying for income security and
other benefits to which they may be entitled).
(vii)Psychiatric
rehabilitation services including skills training, assertive community
treatment, family psychoeducation, disability self-management, supported
employment, supported housing services, therapeutic foster care services, and
such other evidence-based practices as the Secretary may require.
(viii)Peer support
and counselor services and family supports.
(G)Maintain linkages,
and where possible enter into formal contracts with the following:
(i)Inpatient
psychiatric facilities and substance abuse detoxification and residential
programs.
(ii)Adult and youth
peer support and counselor services.
(iii)Family support
services for families of children with serious mental disorders.
(iv)Other community
or regional services, supports, and providers, including schools, child welfare
agencies, juvenile and criminal justice agencies and facilities, housing
agencies and programs, employers, and other social services.
(v)Onsite or offsite
access to primary care services.
(vi)Enabling
services, including outreach, transportation, and translation.
(vii)Health and
wellness services, including services for tobacco
cessation.
.
3.Medicaid coverage
and payment for federally qualified behavioral health center services
(a)Payment for
services provided by federally qualified behavioral health
centersSection 1902(bb) of the Social Security Act (42 U.S.C.
1396a(bb)) is amended—
(1)in the heading, by
striking and Rural Health
Clinics
and inserting , federally qualified behavioral health centers,
and Rural Health Clinics
;
(2)in paragraph (1),
by inserting (and beginning with fiscal year 2011 with respect to
services furnished on or after January 1, 2011, and each succeeding fiscal
year, for services described in section 1905(a)(2)(D) furnished by a federally
qualified behavioral health center)
after by a rural health
clinic
;
(3)in paragraph
(2)—
(A)by striking the
heading and inserting Initial fiscal year
;
(B)by inserting
(or, in the case of services described in section 1905(a)(2)(D)
furnished by a federally qualified behavioral health center, for services
furnished on and after January 1, 2011, during fiscal year 2011)
after
January 1, 2001, during fiscal year 2001
;
(C)by inserting
(or, in the case of services described in section 1905(a)(2)(D)
furnished by a federally qualified behavioral health center, during fiscal
years 2009 and 2010)
after 1999 and 2000
; and
(D)by inserting
(or, in the case of services described in section 1905(a)(2)(D)
furnished by a federally qualified behavioral health center, during fiscal year
2011)
before the period;
(4)in paragraph
(3)—
(A)in the heading, by
striking Fiscal year 2002
and succeeding
and inserting Succeeding
; and
(B)by inserting (or, in the case of
services described in section 1905(a)(2)(D) furnished by a federally qualified
behavioral health center, for services furnished during fiscal year 2012 or a
succeeding fiscal year)
after 2002 or a succeeding fiscal
year
;
(5)in paragraph
(4)—
(A)by inserting
(or as a federally qualified behavioral health center after fiscal year
2010)
after or rural health clinic after fiscal year
2000
;
(B)by striking
furnished by the center or
and inserting furnished by the
federally qualified health center, services described in section 1905(a)(2)(D)
furnished by the federally qualified behavioral health center,
or
;
(C)in the second sentence, by striking
or rural health clinic
and inserting , federally
qualified behavioral health center, or rural health clinic
;
(6)in paragraph (5),
in each of subparagraphs (A) and (B), by striking or rural health
clinic
and inserting , federally qualified behavioral health
center, or rural health clinic
; and
(7)in paragraph (6),
by striking or to a rural health clinic
and inserting ,
to a federally qualified behavioral health center for services described in
section 1905(a)(2)(D), or to a rural health clinic
.
(b)Inclusion of
federally qualified behavioral health center services in the term medical
assistanceSection 1905(a)(2) of the Social Security Act (42
U.S.C. 1396d(a)(2)) is amended—
(1)by striking
and
before (C)
; and
(2)by inserting
before the semicolon at the end the following: , and (D) federally
qualified behavioral health center services (as defined in subsection
(l)(4))
.
(c)Definition of
federally qualified behavioral health center servicesSection
1905(l) of the Social Security Act (42 U.S.C. 1396d(l)) is amended by adding at
the end the following paragraph:
(4)(A)The term federally
qualified behavioral health center services means services furnished to
an individual at a federally qualified behavioral health center (as defined by
subparagraph (B).
(B)The term federally qualified
behavioral health center means an entity that is certified under section
1913(c) of the Public Health Service Act as meeting the criteria described in
paragraph (3) of such
section.
.
4.Mental health and
addiction safety net studies
(a)Paperwork
reduction study
(1)Not later than 12 months after the date of the enactment
of this Act, the Institute of Medicine shall submit to the appropriate
committees of Congress a report that evaluates the combined paperwork burden of
federally qualified behavioral health centers certified section 1913(c) of the
Public Health Service Act, as inserted by section 2.
(2)In
preparing the report under paragraph (1), the Institute of Medicine shall
examine licensing, certification, service definitions, claims payment, billing
codes, and financial auditing requirements utilized by the Office of Management
and Budget, the Centers for Medicare & Medicaid Services, the Health
Resources and Services Administration, the Substance Abuse and Mental Health
Services Administration, the Office of the Inspector General, State Medicaid
agencies, State departments of health, State departments of education, and
State and local juvenile justice and social services agencies to—
(A)establish an
estimate of the combined nationwide cost of complying with the requirements
described in this paragraph, in terms of both administrative funding and staff
time;
(B)establish an
estimate of the per capita cost to each federally qualified behavioral health
center certified under section 1913(c) of the Public Health Service Act to
comply with the requirements described in this paragraph, in terms of both
administrative funding and staff time; and
(C)make
administrative and statutory recommendations to Congress, which may include a
uniform methodology, to reduce the paperwork burden experienced by such
federally qualified behavioral health centers.
(3)Authorization of
appropriationsThere are authorized to be appropriated to carry
out this subsection $550,000 for each of the fiscal years 2012 and 2013.
(b)
(1)Not later than 12 months after the date of the enactment
of this Act, the Institute of Medicine shall conduct a nationwide analysis, and
submit a report to the appropriate committees of Congress, concerning the
compensation structure of professional and paraprofessional personnel employed
by federally qualified behavioral health centers certified under section
1913(c) of the Public Health Service Act, as inserted by section 2, as compared
with the compensation structure of comparable health safety net providers and
relevant private sector health care employers.
(2)In
preparing the report under paragraph (1), the Institute of Medicine shall
examine compensation disparities, if such disparities are determined to exist,
by type of personnel, type of provider or private sector employer, and by
geographic region.
(3)Authorization of
appropriationsThere are authorized to be appropriated to carry
out this subsection, $550,000 for each of the fiscal years 2012 and
2013.