Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB1264 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 1264
55 To amend title XVIII of the Social Security Act to establish a demonstration
66 program to promote collaborative treatment of mental and physical health
77 comorbidities under the Medicare program.
88 IN THE SENATE OF THE UNITED STATES
99 APRIL2, 2025
1010 Mr. B
1111 ENNETintroduced the following bill; which was read twice and referred
1212 to the Committee on Finance
1313 A BILL
1414 To amend title XVIII of the Social Security Act to establish
1515 a demonstration program to promote collaborative treat-
1616 ment of mental and physical health comorbidities under
1717 the Medicare program.
1818 Be it enacted by the Senate and House of Representa-1
1919 tives of the United States of America in Congress assembled, 2
2020 SECTION 1. SHORT TITLE. 3
2121 This Act may be cited as the ‘‘Mental and Physical 4
2222 Health Care Comorbidities Act of 2025’’. 5
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2626 SEC. 2. ESTABLISHING A DEMONSTRATION PROGRAM TO 1
2727 PROMOTE COLLABORATIVE TREATMENT OF 2
2828 MENTAL AND PHYSICAL HEALTH 3
2929 COMORBIDITIES UNDER THE MEDICARE PRO-4
3030 GRAM. 5
3131 Title XVIII of the Social Security Act (42 U.S.C. 6
3232 1395 et seq.) is amended by inserting after section 1866G 7
3333 the following new section: 8
3434 ‘‘SEC. 1866H. MENTAL AND PHYSICAL HEALTH 9
3535 COMORBIDITIES COLLABORATIVE DEM-10
3636 ONSTRATION PROGRAM. 11
3737 ‘‘(a) I
3838 NGENERAL.—Consistent with the model de-12
3939 scribed in section 1115A(b)(2)(B)(xv) (relating to pro-13
4040 moting improved quality and reduced cost by developing 14
4141 a collaborative of high-quality, low-cost health care institu-15
4242 tions), the Secretary shall conduct a demonstration pro-16
4343 gram (in this section referred to as the ‘program’) to test 17
4444 and evaluate innovations implemented by eligible hospitals 18
4545 (as defined in subsection (f)) in the furnishing of items 19
4646 and services to applicable individuals (as defined in sub-20
4747 section (f)) with mental and physical health comorbidities 21
4848 (and those at risk of developing such comorbidities), in-22
4949 cluding by addressing the adverse social determinants of 23
5050 health that such individuals often experience. 24
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5454 ‘‘(b) ACTIVITIESUNDERPROGRAM.—Under the pro-1
5555 gram, the Secretary shall, in coordination with eligible 2
5656 hospitals participating in the program— 3
5757 ‘‘(1) identify, validate, and disseminate innova-4
5858 tive, effective evidence-based best practices and mod-5
5959 els that improve care and outcomes for applicable in-6
6060 dividuals with mental and physical health 7
6161 comorbidities located in vulnerable communities, in-8
6262 cluding by addressing the social determinants of 9
6363 health that adversely impact such individuals; and 10
6464 ‘‘(2) assist in the identification of potential pay-11
6565 ment reforms under this title and title XIX that 12
6666 could more broadly effectuate such improvements. 13
6767 ‘‘(c) D
6868 URATION AND SCOPE.—The program con-14
6969 ducted under this section shall operate during the period 15
7070 beginning on October 1, 2025, and ending no later than 16
7171 September 30, 2030. 17
7272 ‘‘(d) P
7373 ROGRAMELEMENTS.— 18
7474 ‘‘(1) I
7575 N GENERAL.—An eligible hospital electing 19
7676 to participate in the program shall enter into an 20
7777 agreement with the Secretary for purposes of car-21
7878 rying out the activities described in subsection (b). 22
7979 Such an agreement shall include the plan described 23
8080 in paragraph (2), along with an annualized payment 24
8181 arrangement as described in paragraph (3) to sup-25
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8585 port implementation of such plan. Such agreement 1
8686 shall include a requirement for the hospital to— 2
8787 ‘‘(A) engage in the learning collaborative 3
8888 established under subsection (e); 4
8989 ‘‘(B) certify that all proposed innovations 5
9090 under such plan will supplement and not sup-6
9191 plant existing activities, whether by augmenting 7
9292 existing activities or initiating new activities; 8
9393 and 9
9494 ‘‘(C) remit payments made under such ar-10
9595 rangement to the Secretary if the Secretary de-11
9696 termines that such hospital has not complied 12
9797 with the terms of such agreement. 13
9898 ‘‘(2) P
9999 ROGRAM ELEMENTS .—An eligible hos-14
100100 pital electing to participate in the program shall sub-15
101101 mit a proposed plan and associated quality metrics 16
102102 for review and approval by the Secretary. Such plan 17
103103 and metrics shall, at a minimum, address— 18
104104 ‘‘(A) the specific innovations addressing 19
105105 mental and physical health comorbidities (as de-20
106106 fined in subsection (f)) and innovations ad-21
107107 dressing social determinants of health (as de-22
108108 fined in such subsection) that will be employed 23
109109 and the evidence base supporting the proposed 24
110110 approach; 25
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114114 ‘‘(B) the proposed target population of ap-1
115115 plicable individuals with respect to which such 2
116116 innovations will be employed, including a de-3
117117 scription of the extent to which such population 4
118118 consists of applicable individuals described in 5
119119 subparagraph (A), (B), or (C) of subsection 6
120120 (f)(1); 7
121121 ‘‘(C) the evidence-based data supporting a 8
122122 community’s status as a vulnerable community 9
123123 through sources, such as Bureau of the Census 10
124124 data and measures such as the Neighborhood 11
125125 Deprivation Index or the Child Opportunity 12
126126 Index; 13
127127 ‘‘(D) community partners, such as non-14
128128 profit organizations, federally qualified health 15
129129 centers, rural health clinics, and units of local 16
130130 government (including law enforcement and ju-17
131131 dicial entities) that will participate in the imple-18
132132 mentation of such innovations; 19
133133 ‘‘(E) how such innovations will address 20
134134 mental and physical health comorbidities and 21
135135 social determinants of health for the target pop-22
136136 ulation; 23
137137 ‘‘(F) how such innovations may inform 24
138138 changes in payment and other policies under 25
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142142 this title and title XIX (such as care coordina-1
143143 tion reimbursement, mental health homes, im-2
144144 provements to home and community-based serv-3
145145 ice portfolios, and coverage of supportive serv-4
146146 ices); 5
147147 ‘‘(G) how such innovations might con-6
148148 tribute to a reduction in overall health care 7
149149 costs, including under this title and title XIX 8
150150 and for uninsured persons, through improve-9
151151 ments in population health, reductions in health 10
152152 care utilization (such as inpatient admissions, 11
153153 utilization of emergency departments, and 12
154154 boarding of patients), and otherwise; 13
155155 ‘‘(H) how such innovations can be expected 14
156156 to improve the mental and physical health sta-15
157157 tus of minority populations; 16
158158 ‘‘(I) how such innovations can be expected 17
159159 to reduce other non-medical public expendi-18
160160 tures; 19
161161 ‘‘(J) metrics to track care quality, im-20
162162 provement in outcomes, and the impact of such 21
163163 innovations on health care and other public ex-22
164164 penditures; 23
165165 ‘‘(K) how program outcomes will be as-24
166166 sessed and evaluated; and 25
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170170 ‘‘(L) how the hospital will collect and orga-1
171171 nize data and fully participate in the learning 2
172172 collaborative established under subsection (e). 3
173173 ‘‘(3) P
174174 ARTICIPATION; PAYMENTS.—The Sec-4
175175 retary shall negotiate an annualized payment ar-5
176176 rangement with each eligible hospital participating 6
177177 in the program. Such arrangement may include an 7
178178 annual lump sum amount, capitated payment 8
179179 amount, or such other arrangement as determined 9
180180 appropriate by the Secretary, and which may include 10
181181 an arrangement that includes financial risk for the 11
182182 hospital, to support implementation of the innova-12
183183 tions specified in the plan described in paragraph 13
184184 (2). 14
185185 ‘‘(e) L
186186 EARNINGCOLLABORATIVE.— 15
187187 ‘‘(1) I
188188 N GENERAL.—The Secretary shall estab-16
189189 lish a learning collaborative that shall convene eligi-17
190190 ble hospitals participating in the program and other 18
191191 interested parties on a regular basis to report on 19
192192 and share information regarding evidence-based in-20
193193 novations addressing mental and physical health 21
194194 comorbidities, innovations addressing social deter-22
195195 minants of health, and associated metrics and out-23
196196 comes. 24
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200200 ‘‘(2) FOCUSED FORUMS .—The Secretary may 1
201201 establish different focused forums within the collabo-2
202202 rative, such as ones that specifically address dif-3
203203 ferent geographic regions (such as urban and rural), 4
204204 certain types of comorbidities, or as the Secretary 5
205205 otherwise determines appropriate based on the types 6
206206 of agreements entered into under subsection (d). 7
207207 ‘‘(3) D
208208 ISSEMINATION OF INFORMATION .—The 8
209209 Secretary shall provide for the dissemination to 9
210210 other health care providers and interested parties of 10
211211 information on promising and effective activities. 11
212212 ‘‘(f) D
213213 EFINITIONS.—For purposes of this section: 12
214214 ‘‘(1) A
215215 PPLICABLE INDIVIDUAL.—The term ‘ap-13
216216 plicable individual’ means an individual with mental 14
217217 and physical health comorbidities who is— 15
218218 ‘‘(A) a subsidy eligible individual (as de-16
219219 fined in section 1860D–14(a)(3)(A)) without 17
220220 regard to clause (i) of such section; 18
221221 ‘‘(B) enrolled under a State plan (or waiv-19
222222 er of such plan) under title XIX; or 20
223223 ‘‘(C) uninsured. 21
224224 ‘‘(2) E
225225 LIGIBLE HOSPITAL.—The term ‘eligible 22
226226 hospital’ means a hospital that is— 23
227227 ‘‘(A) a rural hospital with a dispropor-24
228228 tionate patient percentage of at least 35 percent 25
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232232 (as determined by the Secretary under section 1
233233 1886(d)(5)(F)(vi)) or would have a dispropor-2
234234 tionate patient percentage of at least 35 percent 3
235235 (as so determined) if the hospital were a sub-4
236236 section (d) hospital (or, a percentage of inpa-5
237237 tient days consisting of items and services fur-6
238238 nished to individuals entitled to benefits under 7
239239 part A that exceeds 85 percent of all such days) 8
240240 that is either a critical access hospital, a sole 9
241241 community hospital (as defined in section 10
242242 1886(d)(5)(D)(iii)), or a medicare-dependent, 11
243243 small rural hospital (as defined in section 12
244244 1886(d)(5)(G)(iv)); 13
245245 ‘‘(B) a large subsection (d) teaching and 14
246246 tertiary hospital with more than 200 beds that 15
247247 as of, or subsequent to July 1, 2020, has an av-16
248248 erage Medicare case mix index of at least 1.5, 17
249249 an intern and resident-to-bed ratio of at least 18
250250 0.25 percent (or at least 150 full-time equiva-19
251251 lent interns, residents, and fellows), and is ei-20
252252 ther a public hospital with a disproportionate 21
253253 patient percentage of at least 35 percent (as de-22
254254 termined by the Secretary under section 23
255255 1886(d)(5)(F)(vi)) or a nonprofit hospital with 24
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259259 a disproportionate patient percentage of at least 1
260260 45 percent; or 2
261261 ‘‘(C) a small subsection (d) urban safety 3
262262 net hospital (as determined by the Secretary) 4
263263 with less than 200 beds that is deemed to be 5
264264 a disproportionate share hospital under section 6
265265 1923(b). 7
266266 ‘‘(3) I
267267 NNOVATIONS ADDRESSING MENTAL AND 8
268268 PHYSICAL HEALTH COMORBIDITIES .—The term ‘in-9
269269 novations addressing mental and physical health 10
270270 comorbidities’ means innovations implemented by an 11
271271 eligible hospital that seek to promote holistic care 12
272272 and treatment of an applicable individual’s co-occur-13
273273 ring mental and physical health comorbidities, sup-14
274274 port early detection of such comorbidities, or prevent 15
275275 their onset, including the following: 16
276276 ‘‘(A) Implementation of interdisciplinary 17
277277 integrative coordinated care team models, in-18
278278 cluding those that utilize mental health emer-19
279279 gency department in-reach staff (and other 20
280280 emergency-department interventions), care co-21
281281 ordination staff and social services support, and 22
282282 clinic-based services. 23
283283 ‘‘(B) Integration of mental health services 24
284284 into medical homes, coordinated care organiza-25
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288288 tions, accountable care entities, and in-home 1
289289 services. 2
290290 ‘‘(C) Incorporation of mental health and 3
291291 social risk screening into medical screening, 4
292292 particularly in child and adolescent populations. 5
293293 ‘‘(D) Preventing adverse impacts on men-6
294294 tal health resulting from physical health treat-7
295295 ments or medications, or on physical health re-8
296296 sulting from mental health treatments or medi-9
297297 cations, through cross disciplinary provider edu-10
298298 cation, quality metrics, and other mechanisms. 11
299299 ‘‘(E) Improvements in electronic health 12
300300 records and other technology platforms or net-13
301301 works to capture, track, and monitor mental 14
302302 and physical health treatments and medications 15
303303 provided across care settings and otherwise fa-16
304304 cilitate care coordination. 17
305305 ‘‘(F) Piloting of reimbursement modifica-18
306306 tions that utilize site-neutral payments and that 19
307307 address conflicts and disincentives related to 20
308308 chronic care management and behavioral health 21
309309 management and differential treatment of inpa-22
310310 tient and outpatient settings. 23
311311 ‘‘(G) Mitigating the incidence of admission 24
312312 and readmission into psychiatric inpatient set-25
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316316 tings of chronically ill elderly patients through 1
317317 methods such as active inpatient management, 2
318318 variations in initial length of stay, enhanced 3
319319 discharge planning, and psychosocial interven-4
320320 tions. 5
321321 ‘‘(H) Delivering health behavior assess-6
322322 ments and interventions to improve physical 7
323323 health outcomes for patients and aid in the 8
324324 management of chronic health conditions. 9
325325 ‘‘(I) In coordination with law enforcement 10
326326 agencies and judicial entities, interventions tar-11
327327 geted at providing mental and physical health 12
328328 services (including, as appropriate, substance 13
329329 use disorder services) to individuals convicted of 14
330330 criminal offenses for purposes of mitigating re-15
331331 cidivism. 16
332332 ‘‘(4) I
333333 NNOVATIONS ADDRESSING SOCIAL DETER -17
334334 MINANTS OF HEALTH .—The term ‘innovations ad-18
335335 dressing social determinants of health’ means inno-19
336336 vations implemented by an eligible hospital that seek 20
337337 to address social determinants of health that nega-21
338338 tively impact the health outcomes of applicable indi-22
339339 viduals, including the following: 23
340340 ‘‘(A) Improvements in electronic health 24
341341 records to better integrate mental health, med-25
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345345 ical care, and social care (such as screening for 1
346346 social factors, facilitated or closed loop referral, 2
347347 risk stratification, and shared records with com-3
348348 munity-based organizations). 4
349349 ‘‘(B) Personnel-supported ‘wrap around’ 5
350350 services for at-risk individuals with mental and 6
351351 physical health comorbidities (such as nutrition 7
352352 and diet counseling, social services referral, res-8
353353 piratory therapy, medical-legal assistance, fi-9
354354 nancial counseling, consumer education, phar-10
355355 macy education, asthma education, and referral 11
356356 to food resources such as referral to the SNAP 12
357357 program, the WIC program, a food bank, case 13
358358 management assistance, employment or edu-14
359359 cation support, intimate partner violence, and 15
360360 behavioral health support). 16
361361 ‘‘(C) Home and community-based services 17
362362 that provide collaborative care to address men-18
363363 tal and physical health comorbidities through 19
364364 health behavior services, nutrition support, 20
365365 medication management, transitional care, tele-21
366366 health, mobile integrated health care, para-22
367367 medic-based home visitation, or utilization of 23
368368 community health workers. 24
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372372 ‘‘(D) Hospital-based interventions (such as 1
373373 same day primary care services, skilled nursing 2
374374 interventions, substance use disorder and be-3
375375 havioral health treatment coordination of care, 4
376376 collaborative care models, discharge planning 5
377377 and medication reconciliation, long-term care 6
378378 management, and post-traumatic injury man-7
379379 agement). 8
380380 ‘‘(5) I
381381 NDIVIDUAL WITH MENTAL AND PHYSICAL 9
382382 HEALTH COMORBIDITIES .—The term ‘individual 10
383383 with mental and physical health comorbidities’ 11
384384 means an individual who is challenged by serious 12
385385 mental illness or serious emotional disturbance as 13
386386 well as 1 or more of the following conditions or char-14
387387 acteristics: 15
388388 ‘‘(A) Has or is at risk for one or more 16
389389 chronic conditions (as defined by the Sec-17
390390 retary). 18
391391 ‘‘(B) High-risk pregnancy. 19
392392 ‘‘(C) History of high utilization of acute 20
393393 care services. 21
394394 ‘‘(D) Frail elderly (defined by impairments 22
395395 in activities of daily living). 23
396396 ‘‘(E) Disability, including traumatic brain 24
397397 injury. 25
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401401 ‘‘(F) Critical illness or injury requiring 1
402402 long-term recovery. 2
403403 ‘‘(6) V
404404 ULNERABLE COMMUNITY .—The term 3
405405 ‘vulnerable community’ means a geographic area 4
406406 served by an eligible hospital characterized by a pop-5
407407 ulation that has a statistically significant number of 6
408408 individuals with mental and physical health 7
409409 comorbidities, indicators of poor population health 8
410410 status, low-income status, or status as a USDA-rec-9
411411 ognized food desert. 10
412412 ‘‘(g) E
413413 VALUATION AND REPORT.—Not later than 1 11
414414 year after the date of completion of the program under 12
415415 this section, the Secretary shall submit to Congress a re-13
416416 port containing an evaluation of the activities supported 14
417417 by the program. Such report shall include the following: 15
418418 ‘‘(1) A description of each such activity, includ-16
419419 ing— 17
420420 ‘‘(A) the target population of such activity; 18
421421 ‘‘(B) how such activity addressed the ad-19
422422 verse social determinants of health in such pop-20
423423 ulation; and 21
424424 ‘‘(C) the role of community-based organi-22
425425 zations and other community partners (such as 23
426426 nonprofits and units of local government) in 24
427427 such activity. 25
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431431 ‘‘(2) Evidence showing whether and how each 1
432432 such activity advanced any of the following objec-2
433433 tives: 3
434434 ‘‘(A) Improved access to care. 4
435435 ‘‘(B) Improved quality of care. 5
436436 ‘‘(C) Improved health outcomes. 6
437437 ‘‘(D) Amelioration of disparities in care. 7
438438 ‘‘(E) Improved care coordination. 8
439439 ‘‘(F) Reduction in health care costs (in-9
440440 cluding such reductions under this title and 10
441441 title XIX and such reductions occurring for un-11
442442 insured individuals). 12
443443 ‘‘(G) Reduction in health care utilization 13
444444 (including with respect to inpatient admissions, 14
445445 utilization of emergency departments, and room 15
446446 and board provided to individuals). 16
447447 ‘‘(H) Reduction in non-medical public ex-17
448448 penditures. 18
449449 ‘‘(I) Changes in patient and provider satis-19
450450 faction with care delivery. 20
451451 ‘‘(J) Reductions in involvement with the 21
452452 justice system, including reductions in recidi-22
453453 vism. 23
454454 ‘‘(3) A description of the metrics used to track 24
455455 the implementation and results of each such activity. 25
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459459 ‘‘(4) Recommendations for any legislation or 1
460460 administrative action the Secretary determines ap-2
461461 propriate. 3
462462 ‘‘(h) F
463463 UNDING.—Any funds appropriated under sec-4
464464 tion 1115A(f) shall be available to the Secretary without 5
465465 further appropriation for the purposes of carrying out this 6
466466 section.’’. 7
467467 Æ
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