[Congressional Record Volume 163, Number 6 (Tuesday, January 10, 2017)]
[Senate]
[Page S217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 94. Ms. STABENOW (for herself, Mr. Cardin, Mr. Murphy, Mr. Durbin, 
Ms. Cantwell, Mr. Franken, Mr. Carper, Ms. Baldwin, Mr. Peters, Mr. 
Brown, and Mr. Udall) submitted an amendment intended to be proposed by 
her to the concurrent resolution S. Con. Res. 3, setting forth the 
congressional budget for the United States Government for fiscal year 
2017 and setting forth the appropriate budgetary levels for fiscal 
years 2018 through 2026; which was ordered to lie on the table; as 
follows:

       At the end of title IV, add the following:

     SEC. 4__. POINT OF ORDER AGAINST REDUCING OR ELIMINATING 
                   ACCESS TO MENTAL HEALTH CARE.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that the 
     Director of the Congressional Budget Office determines would 
     reduce access to mental health care and services or reduce 
     the number of individuals with mental illness enrolled in 
     insurance coverage, relative to the Congressional Budget 
     Office's March 2016 updated baseline, by means such as--
       (1) eliminating or reducing Federal financial assistance 
     currently available to States under section 1905(y)(1) or 
     1905(z)(2) of the Social Security Act (42 U.S.C. 1396d(y)(1), 
     1396d(z)(2)) or otherwise eliminating or reducing mental 
     health protections established by the Affordable Care Act, 
     including the addition of mental health services to the list 
     of services covered under section 1937(b)(5) of the Social 
     Security Act (42 U.S.C. 1396u-7(b)(5)); or
       (2) reducing the affordability of coverage established by 
     the Affordable Care Act's consumer protections, including--
       (A) the expansion of mental health parity and addiction 
     equity law to individual health insurance coverage;
       (B) the prohibition on discriminating against enrollees 
     with pre-existing conditions such as mental illness;
       (C) coverage of preventive services like depression 
     screenings without cost-sharing; and
       (D) the establishment of mental health services as an 
     essential health benefit.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (a).
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