II 111th CONGRESS 1st Session S. 1522 IN THE SENATE OF THE UNITED STATES July 28, 2009 Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on Finance 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.

1.

Short title

This Act may be cited as the Outpatient Mental Health Modernization Act of 2009.

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: (A)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, 2010.

3.

Behavioral health advisory committee

(a)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.