[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Pages S320-S321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE:
  S. 51. A bill to amend title XVIII of the Social Security Act to 
remove the restriction that a clinical psychologist or clinical social 
worker provide services in a comprehensive outpatient rehabilitation 
facility to a patient only under care of a physician; to the Committee 
on Finance.


  autonomous functioning of clinical psychologists and social workers 
                             under medicare

  Mr. INOUYE. Mr. President, today, I rise to introduce legislation to 
authorize the autonomous functioning of clinical psychologists and 
clinical social workers within the Medicare comprehensive outpatient 
rehabilitation facility program.
  In my judgment, it is unfortunate that Medicare requires clinical 
supervision of the services provided by certain health professionals 
and does not allow them to function to the full extent of their state 
practice licenses. Those who need the services of outpatient 
rehabilitation facilities should have access to a wide range of social 
and behavioral science expertise. Clinical psychologists and clinical 
social workers are recognized as independent providers of mental health 
care services under the Federal Employee Health Benefits Program, the 
Civilian Health and Medical Program of the Uniformed Services, the 
Medicare (Part B) Program, and numerous private insurance plans. This 
legislation will ensure that these qualified professionals achieve the 
same recognition

[[Page S321]]

under Medicare comprehensive outpatient rehabilitation facility 
program.
  Mr. President, I ask unanimous consent that the text of this bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 51

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REMOVAL OF RESTRICTION THAT A CLINICAL 
                   PSYCHOLOGIST OR CLINICAL SOCIAL WORKER PROVIDE 
                   SERVICES IN A COMPREHENSIVE OUTPATIENT 
                   REHABILITATION FACILITY TO A PATIENT ONLY UNDER 
                   THE CARE OF A PHYSICIAN.

       (a) In General.--Section 1861(cc)(2)(E) of the Social 
     Security Act (42 U.S.C. 1395x(cc)(2)(E)) is amended by 
     striking ``physician'' and inserting ``physician, except that 
     a patient receiving qualified psychologist services (as 
     defined in subsection (ii)) may be under the care of a 
     clinical psychologist with respect to such services to the 
     extent permitted under State law and except that a patient 
     receiving clinical social worker services (as defined in 
     subsection (hh)(2)) may be under the care of a clinical 
     social worker with respect to such services to the extent 
     permitted under State law''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to services provided on or after January 1, 2002.
                                 ______