[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5040 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5040
To amend the Public Health Service Act and the Social Security Act to
extend health information technology assistance eligibility to
behavioral health, mental health, and substance abuse professionals and
facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 15, 2010
Mr. Kennedy (for himself, Mr. Tim Murphy of Pennsylvania, Mr. Murphy of
Connecticut, Mr. Gene Green of Texas, and Mr. Hastings of Florida)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways and
Means, 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 the Public Health Service Act and the Social Security Act to
extend health information technology assistance eligibility to
behavioral health, mental health, and substance abuse professionals and
facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Information Technology
Extension for Behavioral Health Services Act of 2010''.
SEC. 2. EXTENSION OF HEALTH INFORMATION TECHNOLOGY ASSISTANCE FOR
BEHAVIORAL AND MENTAL HEALTH AND SUBSTANCE ABUSE.
Section 3000(3) of the Public Health Service Act (42 U.S.C.
300jj(3)) is amended by inserting before ``and any other category'' the
following: ``behavioral and mental health professionals (as defined in
section 331(a)(3)(E)(i)), a substance abuse professional, a psychiatric
hospital (as defined in section 1861(f) of the Social Security Act (42
U.S.C. 1395x(f))), a behavioral and mental health clinic, a substance
abuse treatment facility,''.
SEC. 3. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY GRANT PROGRAM.
Title XXX of the Public Health Service Act (42 U.S.C. 300jj et
seq.) is amended by adding at the end the following new section:
``SEC. 3019. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY GRANT PROGRAM.
``(a) In General.--The Secretary, acting through the National
Coordinator, shall award grants to eligible entities for the purpose of
conducting activities described in subsection (b).
``(b) Use of Funds.--A grant awarded under subsection (a) may be
used by an eligible entity to--
``(1) facilitate the purchase of health information
technology;
``(2) enhance the use of health information technology,
including covering costs associated with upgrading health
information technology in order to meet the criteria required
to become a certified EHR technology;
``(3) train personnel in the use of health information
technology;
``(4) improve the secure electronic exchange of health
information among behavioral and mental health professionals,
substance abuse professionals, and other health care providers,
including those providing primary care services;
``(5) improve health information technology for adaptation
to community-based behavioral heath settings;
``(6) assist with the implementation of telemedicine,
including facilitation of distance clinical consultations in
rural and underserved areas; and
``(7) collaborate and integrate with health information
technology regional extension centers (as described in section
3012(c)).
``(c) Eligible Entity.--For the purposes of this section, the term
`eligible entity' means a mental health treatment facility, substance
abuse treatment facility, or psychiatric hospital (as defined in
section 1861(f) of the Social Security Act (42 U.S.C. 1395x(f)))--
``(1) that is not otherwise receiving payment under section
1886(n) of the Social Security Act (42 U.S.C. 1395ww(n)) or
section 1903(t) of the Social Security Act (42 U.S.C.
1396b(t));
``(2) at which no services are furnished by an eligible
professional who is receiving payment under section 1848(o) of
the Social Security Act (42 U.S.C. 1395w-4(o)); and
``(3) that provides assurances to the satisfaction of the
Secretary that such facility will use such funds to satisfy the
requirements to be treated as a meaningful EHR user, as defined
in section 1886(n)(3) of the Social Security Act (42 U.S.C.
1395ww(n)(3)), or to become eligible for a payment under
section 1903(t) of the Social Security Act (42 U.S.C.
1396b(t)).
``(d) Standards for Acquisition of Health Information Technology.--
To the greatest extent practicable, the Secretary shall ensure that
where funds are expended under this section for the acquisition of
health information technology, such funds shall be used to acquire
health information technology that meets applicable standards adopted
under section 3004. Where it is not practicable to expend funds on
health information technology that meets such applicable standards, the
Secretary shall ensure that such health information technology meets
applicable standards otherwise adopted by the Secretary.
``(e) Report.--Not later than 2 years after the date of the
enactment of this section, the National Coordinator shall submit to
Congress a report containing such information as the Secretary may
require.
``(f) Authorization of Appropriations.--For the purposes of
carrying out subsection (a), there is authorized to be appropriated
$15,000,000 for fiscal year 2011.''.
SEC. 4. EXTENSION OF ELIGIBILITY FOR MEDICARE AND MEDICAID HEALTH
INFORMATION TECHNOLOGY IMPLEMENTATION ASSISTANCE.
(a) Payment Incentives for Eligible Professionals Under Medicare.--
Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is
amended--
(1) by amending clause (iii) of subsection (a)(7)(E) to
read as follows:
``(iii) Eligible professional.--The term
`eligible professional' means any of the
following:
``(I) A physician (as defined in
section 1861(r)).
``(II) A clinical psychologist
providing qualified psychologist
services (as defined in section
1861(ii)).
``(III) A clinical social worker
(as defined in section 1861(hh)(1)).'';
and
(2) by amending subparagraph (C) of subsection (o)(5) to
read as follows:
``(C) Eligible professional.--The term `eligible
professional' means any of the following:
``(i) A physician (as defined in section
1861(r)).
``(ii) A clinical psychologist providing
qualified psychologist services (as defined in
section 1861(ii)).
``(iii) A clinical social worker (as
defined in section 1861(hh)(1)).''.
(b) Eligible Hospitals.--Section 1886(n)(6)(B) of the Social
Security Act (42 U.S.C. 1395ww(n)(6)(B)) is amended by inserting before
the period the following: ``or an inpatient hospital that is a
psychiatric hospital (as defined in section 1861(f))''.
(c) Medicaid Providers.--Section 1903(t) of the Social Security Act
(42 U.S.C. 1396b(t)) is amended as follows:
(1) Paragraph (2)(B) is amended--
(A) in clause (i), by striking ``, or'' and
inserting a semicolon;
(B) in clause (ii), by striking the period and
inserting a semicolon; and
(C) by adding after clause (ii) the following new
clauses:
``(iii) a public hospital that is
principally a psychiatric hospital (as defined
in section 1861(f));
``(iv) a private hospital that is
principally a psychiatric hospital (as defined
in section 1861(f)) and that has at least 10
percent of its patient volume (as estimated in
accordance with a methodology established by
the Secretary) attributable to individuals
receiving medical assistance under this title;
``(v) a mental health treatment facility
that has at least 10 percent of its patient
volume (as estimated in accordance with a
methodology established by the Secretary)
attributable to individuals receiving medical
assistance under this title; or
``(vi) a substance abuse treatment facility
that has at least 10 percent of its patient
volume (as estimated in accordance with a
methodology established by the Secretary)
attributable to individuals receiving medical
assistance under this title.''.
(2) Paragraph (3)(B) is amended--
(A) in clause (iv), by striking ``and'' after the
semicolon;
(B) in clause (v), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(vi) clinical psychologist providing
qualified psychologist services (as defined in
section 1861(ii)), if such clinical
psychologist is practicing in an outpatient
clinic that--
``(I) is led by a clinical
psychologist; and
``(II) is not otherwise receiving
payment under paragraph (1) as a
Medicaid provider described in
paragraph (2)(B); and
``(vii) clinical social worker (as defined
in section 1861(hh)(1)), if such clinical
social worker is practicing in an outpatient
clinic that--
``(I) is led by a clinical social
worker; and
``(II) is not otherwise receiving
payment under paragraph (1) as a
Medicaid provider described in
paragraph (2)(B).''.
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