Outpatient Mental Health Modernization Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1564 To amend title XVIII of the Social Security Act to stabilize and modernize the provision of partial hospitalization services under the Medicare Pro- gram, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 6, 2019 Mr. HASTINGS (for himself, Ms. JACKSON LEE, and Mrs. DINGELL) intro- duced 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 pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Outpatient Mental 4 Health Modernization Act of 2019’’. 5 VerDate Sep 11 2014 00:13 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1564.IH H1564 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1564 IH SEC. 2. ALLOWABLE PARTIAL HOSPITALIZATION SERVICES. 1 (a) IN GENERAL.—Section 1861(ff)(2) of the Social 2 Security Act (42 U.S.C. 1395x(ff)(2)) is amended— 3 (1) in subparagraph (H) by striking ‘‘, and’’ at 4 the end; 5 (2) by redesignating subparagraph (I) as sub- 6 paragraph (K); 7 (3) in subparagraph (K), as redesignated by 8 paragraph (2), by striking ‘‘(but in no event to in- 9 clude meals and transportation)’’; 10 (4) by inserting after subparagraph (H) the fol- 11 lowing new subparagraphs: 12 ‘‘(I) nutritional planning, meals, and trans- 13 portation, 14 ‘‘(J) vocational and employment counseling 15 services, and’’; and 16 (5) by adding at the end the following new sen- 17 tence: ‘‘The guidelines established under the pre- 18 ceding sentence shall not allow for nutritional plan- 19 ning, meals, and transportation to be considered as 20 meeting the minimum number of services require- 21 ment in order to receive payment for such items and 22 services.’’. 23 (b) EFFECTIVE DATE.—The amendments made by 24 this section shall apply to services furnished on or after 25 January 1, 2020. 26 VerDate Sep 11 2014 00:13 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1564.IH H1564 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1564 IH SEC. 3. BEHAVIORAL HEALTH ADVISORY COMMITTEE. 1 (a) IN GENERAL.—Not later than January 1, 2020, 2 the Secretary of Health and Human Services shall convene 3 a Behavioral Health Advisory Committee (in this section 4 referred to as the ‘‘Advisory Committee’’) composed of 5 stakeholders in the behavioral health community. 6 (b) DUTIES.—The Advisory Committee shall address 7 issues relating to— 8 (1) discrimination against the chronically men- 9 tally ill, elderly, and United States veterans as it re- 10 lates to receiving treatment for mental illness; 11 (2) the establishment of conditions of participa- 12 tion for community mental health centers (as de- 13 fined in paragraph (3)(B) of section 1861(ff) of the 14 Social Security Act (42 U.S.C. 1395x(ff))) that pro- 15 vide partial hospitalization services (as defined in 16 paragraph (1) of such section) under the Medicare 17 program under title XVIII of such Act; and 18 (3) other matters to be determined jointly by 19 the Secretary and the Advisory Committee. 20 (c) IMPLEMENTATION.—Not later than January 1, 21 2023, the Secretary of Health and Human Services, in 22 consultation with the Advisory Committee, shall imple- 23 ment conditions of participation for community mental 24 health centers (as so defined) that provide partial hos- 25 VerDate Sep 11 2014 00:13 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1564.IH H1564 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1564 IH pitalization services (as so defined) under the Medicare 1 program under title XVIII of the Social Security Act. 2 Æ VerDate Sep 11 2014 00:13 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1564.IH H1564 pbinns on DSK79D2C42PROD with BILLS