[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 539 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 539

To amend the Public Health Services 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 SENATE OF THE UNITED STATES

                             March 10, 2011

Mr. Whitehouse introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Services 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 ``Behavioral Health Information 
Technology Act of 2011''.

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

    Section 3000(3) of the Public Health Services Act (42 U.S.C. 
300jj(3)) is amended by inserting ``a behavioral or mental health 
professional (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), a community mental health center (as 
described in section 1913(b)(2)) (including community mental health 
centers that are operated by county behavioral health agencies), a 
residential mental health treatment facility, an outpatient mental 
health treatment facility, a substance abuse treatment facility,'' 
before ``and any other category''.

SEC. 3. EXTENSION OF HEALTH INFORMATION TECHNOLOGY REGIONAL EXTENSION 
              CENTERS.

    Section 3012(c)(4) of the Public Health Service Act (42 U.S.C. 
300jj-32(c)(4)) is amended by adding at the end the following:
                    ``(E) Community mental health centers (as described 
                in section 1913(b)(2)), psychiatric hospitals (as 
                defined in section 1861(f) of the Social Security Act), 
                behavioral and mental health professionals (as defined 
                in section 331(a)(3)(E)(i)), substance abuse 
                professionals, residential mental health treatment 
                facilities, outpatient mental health treatment 
                facilities, and substance abuse treatment facilities, 
                including such facilities operated, managed, or 
                contracted for by a county behavioral health agency.''.

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

    (a) Payment Incentives for Eligible Professionals Under the 
Medicare Program.--Section 1848 of the Social Security Act (42 U.S.C. 
1395w-4) is amended--
            (1) in subsection (a)(7)(E), by amending clause (iii) to 
        read as follows:
                            ``(iii) Eligible professional.--The term 
                        `eligible professional' means any of the 
                        following:
                                    ``(I) A physician (as defined 
                                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) in subsection (o)(5), by amending subparagraph (C) to 
        read as follows:
                    ``(C) Eligible professional.--The term `eligible 
                professional' means any of the following:
                            ``(i) A physician (as defined 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(s) of the Social Security Act 
(42 U.S.C. 1395ww(s)) is amended--
            (1) in paragraph (4)(A)(i), by inserting ``(or, beginning 
        with fiscal year 2015, by one-quarter of such annual update 
        (determined without regard to clause (i) or (ii) of paragraph 
        (2)(A) or paragraph (5))'' after ``2 percentage points''; and
            (2) by adding at the end the following new paragraph:
            ``(5) Application of incentives and incentive market basket 
        adjustment for adoption and meaningful use of certified ehr 
        technology.--The provisions of subsections (n) and 
        (b)(3)(B)(ix) shall apply to a psychiatric hospital (as defined 
        in section 1861(f)) that furnishes inpatient hospital services 
        with respect to a rate year beginning in a fiscal year in the 
        same manner as such subsections apply to an eligible hospital 
        (as defined in subsection (n)(6)(B)) with respect to such 
        fiscal year (in accordance with rules prescribed by the 
        Secretary).''.
    (c) Medicaid Providers.--Section 1903(t) of the Social Security Act 
(42 U.S.C. 1396b(t)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B)--
                            (i) in clause (i), by striking ``, or'' and 
                        inserting a semicolon;
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting a semicolon; and
                            (iii) by adding after clause (ii) the 
                        following:
                            ``(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 who 
                        are receiving medical assistance under this 
                        title;
                            ``(v) a community mental health center (as 
                        described in section 1913(b)(2) of the Public 
                        Health Service Act);
                            ``(vi) a residential or outpatient mental 
                        health treatment facility that--
                                    ``(I) is accredited by the Joint 
                                Commission on Accreditation of 
                                Healthcare Organizations, the 
                                Commission on Accreditation of 
                                Rehabilitation Facilities, the Council 
                                on Accreditation, or any other national 
                                accrediting agency recognized by the 
                                Secretary; and
                                    ``(II) has at least 10 percent of 
                                its patient volume (as estimated in 
                                accordance with a methodology 
                                established by the Secretary) 
                                attributable to individuals who are 
                                receiving medical assistance under this 
                                title; or
                            ``(vii) a substance abuse treatment 
                        facility that--
                                    ``(I) is accredited by the Joint 
                                Commission on Accreditation of 
                                Healthcare Organizations, the 
                                Commission on Accreditation of 
                                Rehabilitation Facilities, the Council 
                                on Accreditation, or any other national 
                                accrediting agency recognized by the 
                                Secretary; and
                                    ``(II) has at least 10 percent of 
                                its patient volume (as estimated in 
                                accordance with a methodology 
                                established by the Secretary) 
                                attributable to individuals who are 
                                receiving medical assistance under this 
                                title.''; and
                    (B) in the flush matter at the end, by adding the 
                following: ``For purposes of subparagraph (B), a 
                hospital, facility, or mental health center described 
                under such subparagraph shall include those operated or 
                managed, directly or under contract, by a county 
                behavioral health center.''; and
            (2) in paragraph (3)(B)--
                    (A) in clause (iv), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (v), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
                            ``(vi) clinical psychologist providing 
                        qualified psychologist services (as defined in 
                        section 1861(ii)), if such clinical 
                        psychologist is practicing in an outpatient 
                        setting 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) a 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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