Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB3157 Compare Versions

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11 II
22 118THCONGRESS
33 1
44 STSESSION S. 3157
55 To amend title XVIII of the Social Security Act to expand eligibility for
66 incentives under the Medicare health professional shortage area bonus
77 program to practitioners furnishing mental health and substance use
88 disorder services.
99 IN THE SENATE OF THE UNITED STATES
1010 OCTOBER26, 2023
1111 Ms. S
1212 TABENOW(for herself and Mr. DAINES) introduced the following bill;
1313 which was read twice and referred to the Committee on Finance
1414 A BILL
1515 To amend title XVIII of the Social Security Act to expand
1616 eligibility for incentives under the Medicare health pro-
1717 fessional shortage area bonus program to practitioners
1818 furnishing mental health and substance use disorder
1919 services.
2020 Be it enacted by the Senate and House of Representa-1
2121 tives of the United States of America in Congress assembled, 2
2222 SECTION 1. SHORT TITLE. 3
2323 This Act may be cited as the ‘‘More Behavioral 4
2424 Health Providers Act of 2023’’. 5
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2828 SEC. 2. EXPANDING ELIGIBILITY FOR INCENTIVES UNDER 1
2929 THE MEDICARE HEALTH PROFESSIONAL 2
3030 SHORTAGE AREA BONUS PROGRAM TO PRAC-3
3131 TITIONERS FURNISHING MENTAL HEALTH 4
3232 AND SUBSTANCE USE DISORDER SERVICES. 5
3333 Section 1833(m) of the Social Security Act (42 6
3434 U.S.C. 1395l(m)) is amended— 7
3535 (1) by striking paragraph (1) and inserting the 8
3636 following new paragraph: 9
3737 ‘‘(1) In the case of— 10
3838 ‘‘(A) physicians’ services (other than specified 11
3939 health services that are eligible for the additional 12
4040 payment under subparagraph (B)) furnished in a 13
4141 year to an individual, who is covered under the in-14
4242 surance program established by this part and who 15
4343 incurs expenses for such services, in an area that is 16
4444 designated (under section 332(a)(1)(A) of the Public 17
4545 Health Service Act) as a health professional short-18
4646 age area as identified by the Secretary prior to the 19
4747 beginning of such year, in addition to the amount 20
4848 otherwise paid under this part, there also shall be 21
4949 paid to the physician (or to an employer or facility 22
5050 in the cases described in clause (A) of section 23
5151 1842(b)(6)) (on a monthly or quarterly basis) from 24
5252 the Federal Supplementary Medical Insurance Trust 25
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5656 Fund an amount equal to 10 percent of the payment 1
5757 amount for the service under this part; and 2
5858 ‘‘(B) specified health services (as defined in 3
5959 paragraph (5)) furnished in a year to an individual, 4
6060 who is covered under the insurance program estab-5
6161 lished by this part and who incurs expenses for such 6
6262 services, in an area that is designated (under such 7
6363 section 332(a)(1)(A)) as a mental health profes-8
6464 sional shortage area as identified by the Secretary 9
6565 prior to the beginning of such year, in addition to 10
6666 the amount otherwise paid under this part, there 11
6767 also shall be paid to the physician or applicable 12
6868 practitioner (as defined in paragraph (6)) (or to an 13
6969 employer or facility in the cases described in clause 14
7070 (A) of section 1842(b)(6)) (on a monthly or quar-15
7171 terly basis) from such Trust Fund an amount equal 16
7272 to 15 percent of the payment amount for the service 17
7373 under this part.’’; 18
7474 (2) in paragraph (2)— 19
7575 (A) by striking ‘‘in paragraph (1)’’ and in-20
7676 serting ‘‘in subparagraph (A) or (B) of para-21
7777 graph (1)’’; 22
7878 (B) by inserting ‘‘or, in the case of speci-23
7979 fied health services, the physician or applicable 24
8080 practitioner’’ after ‘‘physician’’; 25
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8484 (3) in paragraph (3), by striking ‘‘paragraph 1
8585 (1)’’ each place it appears and inserting ‘‘subpara-2
8686 graph (A) or (B) of paragraph (1)’’; 3
8787 (4) in paragraph (4)— 4
8888 (A) in subparagraph (B), by inserting ‘‘or 5
8989 applicable practitioner’’ after ‘‘physician’’; and 6
9090 (B) in subparagraph (C), by inserting ‘‘or 7
9191 applicable practitioner’’ after ‘‘physician’’; and 8
9292 (5) by adding at the end the following new 9
9393 paragraph: 10
9494 ‘‘(5) In this subsection, the term ‘specified health 11
9595 services’ means services otherwise covered under this part 12
9696 that are furnished on or after January 1, 2024, by a phy-13
9797 sician or an applicable practitioner to an individual— 14
9898 ‘‘(A) for purposes of diagnosis, evaluation, or 15
9999 treatment of a mental health disorder, as determined 16
100100 by the Secretary; or 17
101101 ‘‘(B) with a substance use disorder diagnosis 18
102102 for purposes of treatment of such disorder or co-oc-19
103103 curring mental health disorder, as determined by the 20
104104 Secretary. 21
105105 ‘‘(6) In this subsection, the term ‘applicable practi-22
106106 tioner’ means the following: 23
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110110 ‘‘(A) A physician assistant, nurse practitioner, 1
111111 or clinical nurse specialist (as defined in section 2
112112 1861(aa)(5)). 3
113113 ‘‘(B) A clinical social worker (as defined in sec-4
114114 tion 1861(hh)(1)). 5
115115 ‘‘(C) A clinical psychologist (as defined by the 6
116116 Secretary for purposes of section 1861(ii)). 7
117117 ‘‘(D) A marriage and family therapist (as de-8
118118 fined in section 1861(lll)(2)). 9
119119 ‘‘(E) A mental health counselor (as defined in 10
120120 section 1861(lll)(4)).’’. 11
121121 Æ
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