I
111th CONGRESS
1st Session
H. R. 4373
IN THE HOUSE OF REPRESENTATIVES
December 16, 2009
Mr. Hastings of Florida (for himself, Mr. Meek of Florida, Mr. Barrow, Ms. Jackson-Lee of Texas, Mr. Stark, and Mrs. Napolitano) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend title XVIII of the Social Security Act to stabilize and modernize the provision of partial hospitalization services under the Medicare Program, and for other purposes.
Short title
This Act may be cited as the
Outpatient Mental Health Modernization
Act of 2009
.
Allowable partial hospitalization services
In general
Section 1861(ff)(2) of the Social Security Act (42 U.S.C. 1395x(ff)(2)) is amended—
in subparagraph
(H) by striking , and
at the end;
by redesignating subparagraph (I) as subparagraph (J);
in subparagraph
(J), as redesignated by paragraph (2), by striking (but in no event to
include meals and transportation)
;
by inserting after subparagraph (H) the following new subparagraph:
nutritional planning, meals, and transportation, and
; and
by adding at the
end the following new sentence: The guidelines established under the
preceding sentence shall not allow for nutritional planning, meals, and
transportation to be considered as meeting the minimum number of services
requirement in order to receive payment for such items and
services.
.
Effective date
The amendments made by this section shall apply to services furnished on or after January 1, 2011.
Behavioral Health Advisory Committee
In general
Not later than January 1, 2011, the Secretary of Health
and Human Services shall convene a Behavioral Health Advisory Committee (in
this section referred to as the Advisory Committee
) composed of
stakeholders in the behavioral health community.
Duties
The Advisory Committee shall address issues relating to—
discrimination against the chronically mentally ill, elderly, and United States veterans as it relates to receiving treatment for mental illness;
the establishment of conditions of participation for community mental health centers (as defined in paragraph (3)(B) of section 1861(ff) of the Social Security Act (42 U.S.C. 1395x(ff)) that provide partial hospitalization services (as defined in paragraph (1) of such section) under the Medicare program under title XVIII of such Act; and
other matters to be determined jointly by the Secretary and the Advisory Committee.
Implementation
Not later than January 1, 2012, the Secretary of Health and Human Services, in consultation with the Advisory Committee, shall implement conditions of participation for community mental health centers (as so defined) that provide partial hospitalization services (as so defined) under the Medicare program under title XVIII of the Social Security Act.