[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.

                          ____________________