[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S61-S62]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE:
  S. 56. A bill to amend the 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 the care of a physician; to the Committee on 
Finance.
  Mr. INOUYE. Mr. President, today I again 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

[[Page S62]]

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

                                 S. 56

       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 ``Autonomy for Psychologists 
     and Social Workers Act of 2009''.

     SEC. 2. 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, 2010.
                                 ______