[Congressional Record Volume 164, Number 97 (Tuesday, June 12, 2018)]
[House]
[Pages H5032-H5034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TESTING INCENTIVE PAYMENTS FOR BEHAVIORAL HEALTH PROVIDERS FOR ADOPTION
AND USE OF CERTIFIED ELECTRONIC HEALTH Record TECHNOLOGY
Mr. WALDEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3331) to amend title XI of the Social Security Act to
promote testing of incentive payments for behavioral health providers
for adoption and use of certified electronic health record technology,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3331
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H5033]]
SECTION 1. TESTING OF INCENTIVE PAYMENTS FOR BEHAVIORAL
HEALTH PROVIDERS FOR ADOPTION AND USE OF
CERTIFIED ELECTRONIC HEALTH RECORD TECHNOLOGY.
Section 1115A(b)(2)(B) of the Social Security Act (42
U.S.C. 1315a(b)(2)(B)) is amended by adding at the end the
following new clause:
``(xxv) Providing, for the adoption and use of certified
EHR technology (as defined in section 1848(o)(4)) to improve
the quality and coordination of care through the electronic
documentation and exchange of health information, incentive
payments to behavioral health providers (such as psychiatric
hospitals (as defined in section 1861(f)), community mental
health centers (as defined in section 1861(ff)(3)(B)),
hospitals that participate in a State plan under title XIX or
a waiver of such plan, treatment facilities that participate
in such a State plan or such a waiver, mental health or
substance use disorder providers that participate in such a
State plan or such a waiver, clinical psychologists (as
defined in section 1861(ii)), nurse practitioners (as defined
in section 1861(aa)(5)) with respect to the provision of
psychiatric services, and clinical social workers (as defined
in section 1861(hh)(1))).''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. Walden) and the gentleman from New Jersey (Mr. Pallone)
each will control 20 minutes.
The Chair recognizes the gentleman from Oregon.
General Leave
Mr. WALDEN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous materials in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to commend Representative Jenkins, who is here
and going to speak in a moment; Representative Matsui, who is also here
and going to speak in a moment; Representative Mullin; and others who
are working together on this bill.
H.R. 3331 will open an opportunity to accelerate the use of
electronic health records for behavioral health providers. Behavioral
health providers were left out of the HITECH incentives, leading to a
lower rate of adoption and creating a gap in continuity of care at a
point when it is most needed.
If there is one place you don't want a data-drop in care provided it
is with those who have sought care, but their doctors don't know about
it because they don't have the technology they need. No patient should
face the risks of being rerouted to opioids because their provider did
not have the full picture of a patient's history.
During the thorough legislative process the Energy and Commerce
Committee has engaged in to get here today, we have heard from several
witnesses and stakeholders on the importance of better utilizing
technology. So it is a natural step to let CMMI test the impact of
connecting behavioral health providers with the rest of the healthcare
community.
Mr. Speaker, I urge my colleagues to support the passage of H.R.
3331.
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, June 7, 2018.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Chairman Brady: On May 9 and 17, 2018, the Committee
on Energy and Commerce ordered favorably reported over 50
bills to address the opioid epidemic facing communities
across our nation. Several of the bills were also referred to
the Committee on Ways and Means.
I ask that the Committee on Ways and Means not insist on
its referral of the following bills so that they may be
scheduled for consideration by the Majority Leader:
H.R. 1925, At-Risk Youth Medicaid Protection Act of 2017;
H.R. 3331, To amend title XI of the Social Security Act to
promote testing of incentive payments for behavioral health
providers for adoption and use of certified electronic health
record technology;
H.R. 3528, Every Prescription Conveyed Securely Act;
H.R. 4841, Standardizing Electronic Prior Authorization for
Safe Prescribing Act of 2018;
H.R. 5582, Abuse Deterrent Access Act of 2018;
H.R. 5590, Opioid Addiction Action Plan Act;
H.R. 5603, Access to Telehealth Services for Opioid Use
Disorder;
H.R. 5605, Advancing High Quality Treatment for Opioid Use
Disorders in Medicare Act;
H.R. 5675, To amend title XVIII of the Social Security Act
to require prescription drug plan sponsors under the Medicare
program to establish drug management programs for at-risk
beneficiaries;
H.R. 5684, Protecting Seniors from Opioid Abuse Act;
H.R. 5685, Medicare Opioid Safety Education Act;
H.R. 5686, Medicare Clear Health Options in Care for
Enrollees (CHOICE) Act;
H.R. 5715, Strengthening Partnerships to Prevent Opioid
Abuse Act;
H.R. 5716, Commit to Opioid Medical Prescriber
Accountability and Safety for Seniors (COMPASS) Act;
H.R. 5796, Responsible Education Achieves Care and Healthy
Outcomes for Users' Treatment (REACH OUT) Act of 2018;
H.R. 5798, Opioid Screening and Chronic Pain Management
Alternatives for Seniors Act;
H.R. 5804, Post-Surgical Injections as an Opioid
Alternative Act; and
H.R. 5809, Postoperative Opioid Prevention Act of 2018.
This concession in no way affects your jurisdiction over
the subject matter of these bills, and it will not serve as
precedent for future referrals. In addition, should a
conference on the bills be necessary, I would support your
request to have the Committee on Ways and Means on the
conference committee. Finally, I would be pleased to include
this letter and your response in the bill reports and the
Congressional Record.
Thank you for your consideration of my request and for the
extraordinary cooperation shown by you and your staff over
matters of shared jurisdiction. I look forward to further
opportunities to work with you this Congress.
Sincerely,
Greg Walden,
Chairman.
____
House of Representatives,
Committee on Ways and Means,
Washington, DC, June 8, 2018.
Hon. Greg Walden,
Chairman, Committee on Energy and Commerce,
Washington, DC.
Dear Chairman Walden: Thank you for your letter concerning
several bills favorably reported out of the Committee on
Energy and Commerce to address the opioid epidemic and which
the Committee on Ways and Means was granted an additional
referral.
As a result of your having consulted with us on provisions
within these bills that fall within the Rule X jurisdiction
of the Committee on Ways and Means, I agree to waive formal
consideration of the following bills so that they may move
expeditiously to the floor:
H.R. 1925, At-Risk Youth Medicaid Protection Act of 2017;
H.R. 3331, To amend title XI of the Social Security Act to
promote testing of incentive payments for behavioral health
providers for adoption and use of certified electronic health
record technology;
H.R. 3528, Every Prescription Conveyed Securely Act;
H.R. 4841, Standardizing Electronic Prior Authorization for
Safe Prescribing Act of 2018;
H.R. 5582, Abuse Deterrent Access Act of 2018;
H.R. 5590, Opioid Addiction Action Plan Act;
H.R. 5603, Access to Telehealth Services for Opioid Use
Disorder;
H.R. 5605, Advancing High Quality Treatment for Opioid Use
Disorders in Medicare Act;
H.R. 5675, To amend title XVIII of the Social Security Act
to require prescription drug plan sponsors under the Medicare
program to establish drug management programs for at-risk
beneficiaries;
H.R. 5684, Protecting Seniors from Opioid Abuse Act;
H.R. 5685, Medicare Opioid Safety Education Act;
H.R. 5686, Medicare Clear Health Options in Care for
Enrollees (CHOICE) Act;
H.R. 5715, Strengthening Partnerships to Prevent Opioid
Abuse Act;
H.R. 5716, Commit to Opioid Medical Prescriber
Accountability and Safety for Seniors (COMPASS) Act;
H.R. 5796, Responsible Education Achieves Care and Healthy
Outcomes for Users' Treatment (REACH OUT) Act of 2018;
H.R. 5798, Opioid Screening and Chronic Pain Management
Alternatives for Seniors Act;
H.R. 5804, Post-Surgical Injections as an Opioid
Alternative Act; and
H.R. 5809, Postoperative Opioid Prevention Act of 2018.
The Committee on Ways and Means takes this action with the
mutual understanding that we do not waive any jurisdiction
over the subject matter contained in this or similar
legislation, and the Committee will be appropriately
consulted and involved as the bill or similar legislation
moves forward so that we may address any remaining issues
that fall within our jurisdiction. The Committee also
reserves the right to seek appointment of an appropriate
number of conferees to any House-Senate conference involving
this or similar legislation and requests your support for
such a request.
Finally, I would appreciate your commitment to include this
exchange of letters in the bill reports and the Congressional
Record.
Sincerely,
Kevin Brady,
Chairman.
[[Page H5034]]
Mr. WALDEN. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Kansas (Ms. Jenkins), who has been a real leader on this legislation.
Ms. JENKINS of Kansas. Mr. Speaker, I thank the gentleman for
yielding and his leadership.
Mr. Speaker, I rise today to express strong support for the Improving
Access to Behavioral Health Information Technology Act, H.R. 3331. Our
Nation finds itself in a mental health and opioid crisis, and Congress
must do all it can to ensure providers have the tools they need to
effectively treat their patients.
Toward that end, together with Representatives Matsui and Mullin, I
introduced this bipartisan legislation, which would authorize the
Center for Medicare and Medicaid Innovation to incentivize health IT
demonstrations for behavioral health providers. By utilizing electronic
health records, they can better coordinate care, support delivery of
treatment, and help to fully integrate recovery and prevention services
for all Americans.
This legislation takes the critical step of bringing mental health
and addiction treatment into the 21st century while reducing health
spending and expanding access for these treatments to underserved
communities, including rural areas in my home State of Kansas.
Mr. Speaker, I urge my colleagues to vote in favor of H.R. 3331. It
is my hope we will get this bill to the President's desk as quickly as
possible.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 3331, sponsored by
Representative Lynn Jenkins and Representative Doris Matsui, and I
commend my colleagues for their work on the bill.
One of the reasons why the opioid crisis is so intractable is the
lack of access to behavioral health services in all of our communities,
and the continued segregation of behavioral health from physical
health.
For decades, we have neglected our behavioral health infrastructure,
and siloed behavioral health from our broader healthcare system. The
lack of integration between behavioral and physical health has had
serious consequences for patients, including poor to non-existent
coordination of care, severe provider shortages, and poor health
outcomes.
One barrier in addressing true integration has been that behavioral
health providers in large part don't have access to electronic health
records, and were left out of the push to update electronic health
records systems. That is an unfortunate legacy that we are still
dealing with today.
H.R. 3331 takes an important step in addressing this problem. It is a
bipartisan bill that would incentivize behavioral health providers to
adopt electronic health record technology, through the Centers for
Medicare & Medicaid Innovation.
While this is an important bill, I want to underscore that it is
incremental and it is limited. I want to reiterate my continuing
concern that while Democrats support working on a legislative package
to address the opioid crisis, we must first assure that we do no harm.
And I must remind everyone that Republican efforts to dismantle and
sabotage the ACA would do serious harm to our healthcare system, and to
folks with substance use disorders specifically.
Just last week, the Trump Administration requested that a federal
court eliminate the protections in the ACA for people with preexisting
conditions. That includes people with opioid use disorders, whose
access to health insurance and vital treatment for opioid use disorders
would be taken away if the Trump Administration is successful.
The opioids package cannot be considered in a vacuum. Mark my words--
Republican efforts to tear down the ACA and the Medicaid program will
not only reverse any gains we may make from these efforts today, but
will to inflict broad, lasting harm to our healthcare system, and to
our ability to fight the opioid crisis.
Mr. Speaker, I yield such time as she may consume to the gentlewoman
from California (Ms. Matsui).
Ms. MATSUI. Mr. Speaker, I thank Mr. Pallone for yielding to me and
for his leadership.
Mr. Speaker, while I believe that we need to do a lot more to combat
the opioid and addiction epidemic, I am pleased with some of the
specific steps being taken today to help communities. I specifically
rise in support of legislation I coauthored with Congresswoman Lynn
Jenkins on H.R. 3331.
In order to solve the root cause of addiction, we need more access to
behavioral health in our communities, and we need to treat mental
health and substance use disorder like diseases. That means integrating
care and services for those conditions into the healthcare system. It
means treating a person as a whole person.
Physical and mental health conditions interplay and should be treated
as such. We cannot have a truly integrated system with the care
coordination we envision if behavioral health providers don't have
electronic health records. We must work to harness the power of
technology to improve the accessibility of behavioral health treatment,
particularly in underserved communities.
This bipartisan bill will incentivize behavioral health providers to
adopt electronic health record technology. The Senate version of the
bill, led by Senators Whitehouse and Portman, passed by unanimous
consent last month, so I hope that we can continue the momentum around
this legislation with the passage of H.R. 3331 today.
Before I close, I want to reiterate how important it is for my
Republican colleagues to join us in doing more. We need to protect and
expand Medicaid, build on ACA successes in terms of access to
behavioral healthcare, and fund treatment and prevention efforts in our
local communities. We have a long way to go. This is a really good
start, and I implore my colleagues to work with us as we move forward.
Mr. WALDEN. Mr. Speaker, I have no other speakers, so I reserve the
balance of my time.
Mr. PALLONE. Mr. Speaker, I have no other speakers.
I urge support of the legislation, and I yield back the balance of my
time.
Mr. WALDEN. Mr. Speaker, I thank Members on both sides for their good
work on this legislation. I urge passage, and I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Oregon (Mr. Walden) that the House suspend the rules and
pass the bill, H.R. 3331, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________