[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 669 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 669
To amend title XVIII of the Social Security Act to expand access to
psychological and behavioral services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Brown (for himself, Ms. Collins, Mr. Heinrich, and Mr. Mullin)
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 expand access to
psychological and behavioral services.
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 ``Increasing Mental Health Options Act
of 2023''.
SEC. 2. EXPANDING ELIGIBILITY FOR INCENTIVES TO PRACTICE IN RURAL AND
UNDERSERVED AREAS.
Section 1833(m) of the Social Security Act (42 U.S.C. 1395l(m)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' before ``In the case'';
and
(B) by adding at the end the following new
subparagraph:
``(B) In the case of services furnished by a clinical psychologist
(as defined by the Secretary for purposes of section 1861(ii)) in a
year (beginning with 2025) to an individual, who is covered under the
insurance program established by this part and who incurs expenses for
such services, in an area that is designated (under section
332(a)(1)(A) of the Public Health Service Act) as a health professional
shortage area as identified by the Secretary prior to the beginning of
such year, in addition to the amount otherwise paid under this part,
there also shall be paid to the clinical psychologist (or to an
employer or facility in the cases described in clause (A) of section
1842(b)(6)) (on a monthly or quarterly basis) from the Federal
Supplementary Medical Insurance Trust Fund an amount equal to 10
percent of the payment amount for the service under this part''; and
(2) in paragraph (2), by inserting ``or clinical
psychologist'' after ``physician''.
SEC. 3. ELIMINATING UNNECESSARY OVERSIGHT AND APPROVAL REQUIREMENTS FOR
BEHAVIORAL HEALTH SERVICES PROVIDED BY CLINICAL
PSYCHOLOGISTS.
(a) Comprehensive Outpatient Rehabilitation Facilities.--Section
1835(a)(2)(E)(iii) of the Social Security Act (42 U.S.C.
1395n(a)(2)(E)(iii)) is amended by inserting ``, except that an
individual receiving qualified psychologist services as described in
section 1861(ii) may be under the care of a clinical psychologist with
respect to such services to the extent authorized under State law''
before the semicolon.
(b) Skilled Nursing Facilities.--Section 1819(b) of such Act (42
U.S.C. 1395i-3(b)) is amended--
(1) in paragraph (5)(G), by inserting ``clinical
psychologist,'' after ``nurse practitioner,''; and
(2) in paragraph (6)(A), by inserting ``, except that a
resident receiving qualified psychologist services as described
in section 1861(ii) may be under the supervision of a clinical
psychologist with respect to such services to the extent
authorized under State law'' before the semicolon.
(c) Partial Hospitalization Services.--
(1) Section 1835(a)(2)(F)(iii) of the Social Security Act
(42 U.S.C. 1395n(a)(2)(F)(iii)) is amended by inserting ``,
except that an individual receiving qualified psychologist
services as described in section 1861(ii) may be under the care
of a clinical psychologist with respect to such services to the
extent authorized under State law'' before the period.
(2) Section 1861(ff)(1) of such Act (42 U.S.C.
1395x(ff)(1)) is amended by inserting ``(or, in the case of
qualified psychologist services, under the supervision of a
clinical psychologist to the extent authorized under State
law)'' after ``under the supervision of a physician''.
(d) Home Health Services.--
(1) Section 1861(m) of such Act (42 U.S.C. 1395x(m)) is
amended--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by inserting ``and'' after
the semicolon; and
(C) by inserting after paragraph (7) the following
new paragraph:
``(8) an individual receiving qualified psychologist
services may be under the care of a clinical psychologist with
respect to such services to the extent authorized under State
law;''.
(2) Section 1891(a)(3)(F) of such Act (42 U.S.C.
1395bbb(a)(3)(F)) is amended by inserting ``clinical
psychologist,'' after ``physician,''.
(e) Inpatient Psychiatric Hospital Services.--Section 1814(a)(2)(A)
of such Act (42 U.S.C. 1395f(a)(2)(A)) is amended by inserting ``(or,
in the case of qualified psychologist services, under the supervision
of a clinical psychologist to the extent authorized under State law)''
after ``under the supervision of a physician''.
(f) Rule of Construction.--In accordance with section 410.71(e) of
title 42, Code of Federal Regulations (or any successor regulation),
nothing in the provisions of, and amendments made by, this section
shall be construed as changing or eliminating existing requirements
regarding clinical consultation by clinical psychologists with a
beneficiary's physician, in accordance with accepted professional
ethical norms and taking into consideration patient confidentiality.
(g) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2025.
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