[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1517 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1517

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

                           September 18, 2013

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 2013''.

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 that meets 
the criteria specified in section 1913(c) (including community mental 
health centers that are operated by county behavioral health agencies), 
a residential or outpatient mental health or substance abuse treatment 
facility,'' before ``and any other category''.

SEC. 3. EXTENSION OF ELIGIBILITY FOR MEDICARE AND MEDICAID HEALTH 
              INFORMATION TECHNOLOGY IMPLEMENTATION 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)--
                    (A) in subparagraph (E), by adding at the end the 
                following new clause:
                            ``(iv) Additional eligible professional.--
                        The term `additional eligible professional' 
                        means either of the following:
                                    ``(I) A clinical psychologist 
                                providing qualified psychologist 
                                services (as defined in section 
                                1861(ii)).
                                    ``(II) A clinical social worker (as 
                                defined in section 1861(hh)(1)).''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(F) Application to additional eligible 
                professionals.--The Secretary shall apply the 
                provisions of this paragraph with respect to an 
                additional eligible professional in the same manner as 
                such provisions apply to an eligible professional, 
                except in applying subparagraph (A)--
                            ``(i) in clause (i), the reference to 2015 
                        shall be deemed a reference to 2019;
                            ``(ii) in clause (ii), the references to 
                        2015, 2016, and 2017 shall be deemed references 
                        to 2019, 2020, and 2021, respectively; and
                            ``(iii) in clause (iii), the reference to 
                        2018 shall be deemed a reference to 2022.''; 
                        and
            (2) in subsection (o)--
                    (A) in paragraph (5), by adding at the end the 
                following new subparagraph:
                    ``(D) Additional eligible professional.--The term 
                `additional eligible professional' means either of the 
                following:
                            ``(i) A clinical psychologist providing 
                        qualified psychologist services (as defined in 
                        section 1861(ii)).
                            ``(ii) A clinical social worker (as defined 
                        in section 1861(hh)(1)).''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) Application to additional eligible professionals.--
        The Secretary shall apply the provisions of this subsection 
        with respect to an additional eligible professional in the same 
        manner as such provisions apply to an eligible professional, 
        except in applying--
                    ``(A) paragraph (1)(A)(ii), the reference to 2016 
                shall be deemed a reference to 2020;
                    ``(B) paragraph (1)(B)(ii), the references to 2011 
                and 2012 shall be deemed references to 2015 and 2016, 
                respectively;
                    ``(C) paragraph (1)(B)(iii), the references to 2013 
                shall be deemed references to 2017;
                    ``(D) paragraph (1)(B)(v), the references to 2014 
                shall be deemed references to 2018; and
                    ``(E) paragraph (1)(E), the reference to 2011 shall 
                be deemed a reference to 2015.''.
    (b) Eligible Hospitals.--Section 1886 of the Social Security Act 
(42 U.S.C. 1395ww) is amended--
            (1) in subsection (b)(3)(B)(ix), by adding at the end the 
        following new subclause:
                                    ``(V) The Secretary shall apply the 
                                provisions of this subsection with 
                                respect to an additional eligible 
                                hospital (as defined in subsection 
                                (n)(6)(C)) in the same manner as such 
                                provisions apply to an eligible 
                                hospital except in applying--
                                            ``(aa) subclause (I), the 
                                        references to 2015, 2016, and 
                                        2017 shall be deemed references 
                                        to 2019, 2020, and 2021, 
                                        respectively; and
                                            ``(bb) subclause (III), the 
                                        reference to 2015 shall be 
                                        deemed a reference to 2019.''; 
                                        and
            (2) in subsection (n)--
                    (A) in paragraph (6), by adding at the end the 
                following new subparagraph:
                    ``(C) Additional eligible hospital.--The term 
                `additional eligible hospital' means an inpatient 
                hospital that is a psychiatric hospital (as defined in 
                section 1861(f)).''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(7) Application to additional eligible hospitals.--The 
        Secretary shall apply the provisions of this subsection with 
        respect to an additional eligible hospital in the same manner 
        as such provisions apply to an eligible hospital, except in 
        applying--
                    ``(A) paragraph (2)(E)(ii), the references to 2013 
                and 2015 shall be deemed references to 2017 and 2019, 
                respectively; and
                    ``(B) paragraph (2)(G)(i), the reference to 2011 
                shall be deemed a reference to 2015.''.
    (c) Medicaid Providers.--Section 1903(t) of the Social Security Act 
(42 U.S.C. 1396b(t)) is amended--
            (1) in paragraph (2)(B)--
                    (A) in clause (i), by striking ``, or'' and 
                inserting a semicolon;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following new clause:
            ``(iii) an additional Medicaid provider.'';
            (2) in paragraph (3)--
                    (A) in subparagraph (B), by inserting after and 
                below clause (v) the following new sentence: ``Such 
                term includes an additional eligible professional.''; 
                and
                    (B) by adding at the end the following new 
                subparagraphs:
                    ``(G) The term `additional eligible professional' 
                means--
                            ``(i) a 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
                            ``(ii) 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).
                    ``(H) The term `additional Medicaid provider' 
                means--
                            ``(i) a public hospital that is principally 
                        a psychiatric hospital (as defined in section 
                        1861(f));
                            ``(ii) 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;
                            ``(iii) a community mental health center 
                        meeting the criteria specified in section 
                        1913(c) of the Public Health Service Act; or
                            ``(iv) a residential or outpatient mental 
                        health or 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
            (3) by adding at the end the following new paragraph:
            ``(11)(A) The Secretary shall apply the provisions of this 
        subsection and subsection (a)(3)(F) with respect to an 
        additional eligible professional who is a Medicaid provider 
        described in paragraph (2)(A) in the same manner as such 
        provisions apply to any other eligible professional who is a 
        Medicaid provider described in paragraph (2)(A), except in 
        applying--
                    ``(i) paragraph (4)(A)(i), the reference to 2016 
                shall be deemed a reference to 2020; and
                    ``(ii) paragraph (4)(A)(iii), the reference to 2021 
                shall be deemed a reference to 2025.
            ``(B) The Secretary shall apply the provisions of this 
        subsection and subsection (a)(3)(F) with respect to an 
        additional Medicaid provider in the same manner as such 
        provisions apply to any other Medicaid provider described in 
        paragraph (2)(B), except in applying paragraph (4)(D)(i), the 
        reference to 2016 shall be deemed a reference to 2020.''.
    (d) Medicare Advantage Organizations.--Section 1853 of the Social 
Security Act (42 U.S.C. 1395w-23) is amended--
            (1) in subsection (l)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or additional eligible 
                        professionals (as described in paragraph (9))'' 
                        after ``paragraph (2)''; and
                            (ii) by inserting ``and additional eligible 
                        professionals'' before ``under such sections'';
                    (B) in paragraph (3)(B)--
                            (i) in clause (i) in the matter preceding 
                        subclause (I), by inserting ``or an additional 
                        eligible professional described in paragraph 
                        (9)'' after ``paragraph (2)''; and
                            (ii) in clause (ii)--
                                    (I) in the matter preceding 
                                subclause (I), by inserting ``or an 
                                additional eligible professional 
                                described in paragraph (9)'' after 
                                ``paragraph (2)''; and
                                    (II) in subclause (I), by inserting 
                                ``or an additional eligible 
                                professional, respectively,'' after 
                                ``eligible professional'';
                    (C) in paragraph (3)(C), by inserting ``and 
                additional eligible professionals'' after ``all 
                eligible professionals'';
                    (D) in paragraph (4)(D), by adding at the end the 
                following new sentence: ``In the case that a qualifying 
                MA organization attests that not all additional 
                eligible professionals of the organization are 
                meaningful EHR users with respect to an applicable 
                year, the Secretary shall apply the payment adjustment 
                under this paragraph based on the proportion of all 
                such additional eligible professionals of the 
                organization that are not meaningful EHR users for such 
                year.'';
                    (E) in paragraph (6)(A), by inserting ``and, as 
                applicable, each additional eligible professional 
                described in paragraph (9)'' after ``paragraph (2)'';
                    (F) in paragraph (6)(B), by inserting ``and, as 
                applicable, each additional eligible hospital described 
                in paragraph (9)'' after ``subsection (m)(1)'';
                    (G) in paragraph (7)(A), by inserting ``and, as 
                applicable, additional eligible professionals'' after 
                ``eligible professionals'';
                    (H) in paragraph (7)(B), by inserting ``and, as 
                applicable, additional eligible professionals'' after 
                ``eligible professionals'';
                    (I) in paragraph (8)(B), by inserting ``and 
                additional eligible professionals described in 
                paragraph (9)'' after ``paragraph (2)''; and
                    (J) by adding at the end the following new 
                paragraph:
            ``(9) Additional eligible professional described.--With 
        respect to a qualifying MA organization, an additional eligible 
        professional described in this paragraph is an additional 
        eligible professional (as defined for purposes of section 
        1848(o)) who--
                    ``(A)(i) is employed by the organization; or
                    ``(ii)(I) is employed by, or is a partner of, an 
                entity that through contract with the organization 
                furnishes at least 80 percent of the entity's Medicare 
                patient care services to enrollees of such 
                organization; and
                    ``(II) furnishes at least 80 percent of the 
                professional services of the additional eligible 
                professional covered under this title to enrollees of 
                the organization; and
                    ``(B) furnishes, on average, at least 20 hours per 
                week of patient care services.''; and
            (2) in subsection (m)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or additional eligible 
                        hospitals (as described in paragraph (7))'' 
                        after ``paragraph (2)''; and
                            (ii) by inserting ``and additional eligible 
                        hospitals'' before ``under such sections'';
                    (B) in paragraph (3)(A)(i), by inserting ``or 
                additional eligible hospital'' after ``eligible 
                hospital'';
                    (C) in paragraph (3)(A)(ii), by inserting ``or an 
                additional eligible hospital'' after ``eligible 
                hospital'' in each place it occurs;
                    (D) in paragraph (3)(B)--
                            (i) in clause (i), by inserting ``or an 
                        additional eligible hospital described in 
                        paragraph (7)'' after ``paragraph (2)''; and
                            (ii) in clause (ii)--
                                    (I) in the matter preceding 
                                subclause (I), by inserting ``or an 
                                additional eligible hospital described 
                                in paragraph (7)'' after ``paragraph 
                                (2)''; and
                                    (II) in subclause (I), by inserting 
                                ``or an additional eligible hospital, 
                                respectively,'' after ``eligible 
                                hospital'';
                    (E) in paragraph (4)(A), by inserting ``or one or 
                more additional eligible hospitals (as defined in 
                section 1886(n)), as appropriate,'' after ``section 
                1886(n)(6)(A))'';
                    (F) in paragraph (4)(D), by adding at the end the 
                following new sentence: ``In the case that a qualifying 
                MA organization attests that not all additional 
                eligible hospitals of the organization are meaningful 
                EHR users with respect to an applicable period, the 
                Secretary shall apply the payment adjustment under this 
                paragraph based on the methodology specified by the 
                Secretary, taking into account the proportion of such 
                additional eligible hospitals, or discharges from such 
                hospitals, that are not meaningful EHR users for such 
                period.'';
                    (G) in paragraph (5)(A), by inserting ``and, as 
                applicable, each additional eligible hospital described 
                in paragraph (7)'' after ``paragraph (2)'';
                    (H) in paragraph (5)(B), by inserting ``and 
                additional eligible hospitals, as applicable,'' after 
                ``eligible hospitals'';
                    (I) in paragraph (6)(B), by inserting ``and 
                additional eligible hospitals described in paragraph 
                (7)'' after ``paragraph (2)''; and
                    (J) by adding at the end the following new 
                paragraph:
            ``(7) Additional eligible hospital described.--With respect 
        to a qualifying MA organization, an additional eligible 
        hospital described in this paragraph is an additional eligible 
        hospital (as defined in section 1886(n)(6)(C)) that is under 
        common corporate governance with such organization and serves 
        individuals enrolled under an MA plan offered by such 
        organization.''.
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