[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Pages S872-S873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY (for himself, Ms. Snowe, and Ms. Collins):
  S. 374. A bill to amend title XVIII of the Social Security Act to 
eliminate

[[Page S873]]

the 190-day lifetime limit on inpatient psychiatric hospital services 
under the Medicare program; to the Committee on Finance.
  Mr. KERRY. Mr. President, our country has recently taken great steps 
forward to support the principles of mental health parity. In 2008, 
Congress has enacted two important pieces of legislation to end 
discrimination against people suffering from mental illnesses.
  Congress passed the Paul Wellstone and Pete Domenici Mental Health 
Parity and Addiction Equity Act of 2008, MHPAEA, to prohibit the 
establishment of discriminatory benefit caps or cost-sharing 
requirements for mental health and substance use disorders. That same 
year Congress also passed the Medicare Improvements for Patients and 
Protections Act, MIPPA, which included legislation introduced by 
Senator Snowe and myself, the Medicare Mental Health Copayment Equity 
Act. This legislation prevented Medicare beneficiaries from being 
charged higher copayments for outpatient mental health services than 
for all other outpatient physician services.
  Unfortunately, even with the passage of MIPPA, a serious mental 
health inequity remains in Medicare. Medicare beneficiaries are 
currently limited to only 190 days of inpatient psychiatric hospital 
care in their lifetime. This lifetime limit directly impacts Medicare 
beneficiaries' access to psychiatric hospitals, although it does not 
apply to psychiatric units in general hospitals. This arbitrary cap on 
benefits is discriminatory to the mentally ill as there is no such 
lifetime limit for any other Medicare specialty inpatient hospital 
service. The 190-day lifetime limit is problematic for patients being 
treated in psychiatric hospitals as they may easily exceed the 190 days 
if they have a chronic mental illness.
  That is why Senator Snowe and I are working together once again to 
address the last remaining mental health parity issue in Medicare. 
Today, we are introducing the Medicare Mental Health Inpatient Equity 
Act. Our legislation would eliminate the Medicare 190-day lifetime 
limit for inpatient psychiatric hospital care. It would equalize 
Medicare mental health coverage with private health insurance coverage, 
expand beneficiary choice of inpatient psychiatric care providers, 
increase access for the seriously ill, and improve continuity of care.
  This legislation is supported by eighty national organizations that 
represent hospital associations, seniors' organizations, disability 
organizations, and the mental health community. I would like to thank a 
number of organizations who have been integral to the development of 
the Medicare Mental Health Inpatient Equity Act and who have endorsed 
our legislation today, including the AARP, the American Hospital 
Association, the National Association of Psychiatric Health Systems, 
and the American Psychological Association.
  Congress has now acted to address mental health parity issues for 
group health plans and for outpatient Medicare services. It's time to 
end this outmoded law and ensure that beneficiaries with mental 
illnesses have access to a range of appropriate settings for their 
care. I look forward to working with my colleagues in the Senate to 
achieve mental health parity in Medicare.
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