[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 838 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 838

 To amend title XVIII of the Social Security Act to improve access to 
           mental health services under the Medicare program.


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                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2023

 Ms. Stabenow (for herself and Mr. Barrasso) 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 improve access to 
           mental health services under the Medicare program.

    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 ``Improving Access to Mental Health 
Act of 2023''.

SEC. 2. IMPROVED ACCESS TO MENTAL HEALTH SERVICES UNDER THE MEDICARE 
              PROGRAM.

    (a) Access to Clinical Social Workers.--Section 1833(a)(1)(F)(ii) 
of the Social Security Act (42 U.S.C. 1395l(a)(1)(F)(ii)) is amended by 
striking ``75 percent of the amount determined for payment of a 
psychologist under clause (L)'' and inserting ``85 percent of the fee 
schedule amount provided under section 1848''.
    (b) Access to Clinical Social Worker Services Provided to Residents 
of Skilled Nursing Facilities.--
            (1) Exclusion of clinical social worker services from the 
        skilled nursing facility prospective payment system.--Section 
        1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 
        1395yy(e)(2)(A)(ii)) is amended by inserting ``clinical social 
        worker services,'' after ``qualified psychologist services,''.
            (2) Conforming amendment.--Section 1861(hh)(2) of the 
        Social Security Act (42 U.S.C. 1395x(hh)(2)) is amended by 
        striking ``and other than services furnished to an inpatient of 
        a skilled nursing facility which the facility is required to 
        provide as a requirement for participation''.
    (c) Access to the Complete Set of Clinical Social Worker 
Services.--Section 1861(hh)(2) of the Social Security Act (42 U.S.C. 
1395x(hh)(2)), as amended by subsection (b)(2), is amended--
            (1) by striking ``for the diagnosis and treatment of mental 
        illnesses (other than services'' and inserting ``, including 
        services for the diagnosis and treatment of mental illnesses or 
        services for health and behavior assessment and intervention 
        (identified as of January 1, 2023, by HCPCS codes 96156, 96158-
        96161, 96164-96168, and 96170-96171 (and any succeeding codes)) 
        but not including services''; and
            (2) by striking ``inpatient of a hospital)'' and inserting 
        ``inpatient of a hospital,''.
    (d) Effective Date.--The amendments made by this section shall 
apply to items and services furnished on or after January 1, 2024.
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