,,ii #aacth ,,congress #ast ,session ,s4 #aeag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah1 #bjac,mr4 ,whitehouse introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,public ,health ,services ,act and the ,social ,security ,act to extend health information technology assistance eligibility to behavioral health1 mental health1 and substance abuse professionals and facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,behavioral ,health ,information ,technology ,act of #bjac4 #b4 ,extension of health information technology assistance for behavioral health and mental health and substance abuse ,section #cjjj7c7 of the ,public ,health ,services ,act 7#db ,u4,s4,c4 #cjj;jj7#c77 is amended by inserting a behavioral or mental health professional 7as defined in section #cca7;a77#c77;,e77i771 a substance abuse professional1 a psychiatric hospital 7as defined in section #ahfa7;f7 of the ,social ,security ,act71 a community mental health center that meets the criteria specified in section #aiac7;c7 7including community mental health centers that are operated by county behavioral health agencies71 a residential or outpatient mental health or substance abuse treatment facility1 before and any other category4 #c4 ,extension of eligibility for medicare and medicaid health information technology implementation assistance 7a7 ,payment incentives for eligible professionals under the medicare program ,section #ahdh of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7 is amended-- 7#a7 in subsection 7a77#g7-- 7,a7 in subparagraph 7,e71 by adding at the end the following new clause3 7iv7 ,additional eligible professional ,the term additional eligible professional means either of the following3 7,i7 ,a clinical psychologist providing qualified psychologist services 7as defined in section #ahfa7;ii774 7,,ii7 ,a clinical social worker 7as defined in section #ahfa7;hh77#a774 2 and 7,b7 by adding at the end the following new subparagraph3 7,f7 ,application to additional eligible professionals ,the ,secretary shall apply the provisions of this paragraph with respect to an additional eligible professional in the same manner as such provisions apply to an eligible professional1 except in applying subparagraph 7,a7-- 7i7 in clause 7i71 the reference to #bjae shall be deemed a reference to #bjai2 7ii7 in clause 7ii71 the references to #bjae1 #bjaf1 and #bjag shall be deemed references to #bjai1 #bjbj1 and #bjba1 respectively2 and 7iii7 in clause 7iii71 the reference to #bjah shall be deemed a reference to #bjbb4 2 and 7#b7 in subsection 7o7-- 7,a7 in paragraph 7#e71 by adding at the end the following new subparagraph3 7,d7 ,additional eligible professional ,the term additional eligible professional means either of the following3 7i7 ,a clinical psychologist providing qualified psychologist services 7as defined in section #ahfa7;ii774 7ii7 ,a clinical social worker 7as defined in section #ahfa7;hh77#a774 2 and 7,b7 by adding at the end the following new paragraph3 7#f7 ,application to additional eligible professionals ,the ,secretary shall apply the provisions of this subsection with respect to an additional eligible professional in the same manner as such provisions apply to an eligible professional1 except in applying-- 7,a7 paragraph 7#a77;,a77ii71 the reference to #bjaf shall be deemed a reference to #bjbj2 7,b7 paragraph 7#a77;,b77ii71 the references to #bjaa and #bjab shall be deemed references to #bjae and #bjaf1 respectively2 7,c7 paragraph 7#a77;,b77iii71 the references to #bjac shall be deemed references to #bjag2 7,d7 paragraph 7#a77;,b77v71 the references to #bjad shall be deemed references to #bjah2 and 7,e7 paragraph 7#a77;,e71 the reference to #bjaa shall be deemed a reference to #bjae4 4 7b7 ,eligible hospitals ,section #ahhf of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7 is amended-- 7#a7 in subsection 7b77#c77;,b77ix71 by adding at the end the following new subclause3 7,v7 ,the ,secretary shall apply the provisions of this subsection with respect to an additional eligible hospital 7as defined in subsection 7n77#f77;,c77 in the same manner as such provisions apply to an eligible hospital except in applying-- 7aa7 subclause 7,i71 the references to #bjae1 #bjaf1 and #bjag shall be deemed references to #bjai1 #bjbj1 and #bjba1 respectively2 and 7bb7 subclause 7,,iii71 the reference to #bjae shall be deemed a reference to #bjai4 2 and 7#b7 in subsection 7n7-- 7,a7 in paragraph 7#f71 by adding at the end the following new subparagraph3 7,c7 ,additional eligible hospital ,the term additional eligible hospital means an inpatient hospital that is a psychiatric hospital 7as defined in section #ahfa7;f774 2 and 7,b7 by adding at the end the following new paragraph3 7#g7 ,application to additional eligible hospitals ,the ,secretary shall apply the provisions of this subsection with respect to an additional eligible hospital in the same manner as such provisions apply to an eligible hospital1 except in applying-- 7,a7 paragraph 7#b77;,e77ii71 the references to #bjac and #bjae shall be deemed references to #bjag and #bjai1 respectively2 and 7,b7 paragraph 7#b77;,g77i71 the reference to #bjaa shall be deemed a reference to #bjae4 4 7c7 ,medicaid providers ,section #aijc7t7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7t77 is amended-- 7#a7 in paragraph 7#b77;,b7-- 7,a7 in clause 7i71 by striking 1 or and inserting a semicolon2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new clause3 7iii7 an additional ,medicaid provider4 2 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,b71 by inserting after and below clause 7v7 the following new sentence3 ,such term includes an additional eligible professional42 and 7,b7 by adding at the end the following new subparagraphs3 7,g7 ,the term additional eligible professional means-- 7i7 a clinical psychologist providing qualified psychologist services 7as defined in section #ahfa7;ii771 if such clinical psychologist is practicing in an outpatient setting that-- 7,i7 is led by a clinical psychologist2 and 7,,ii7 is not otherwise receiving payment under paragraph 7#a7 as a ,medicaid provider described in paragraph 7#b77;,b72 and 7ii7 a clinical social worker 7as defined in section #ahfa7;hh77#a771 if such clinical social worker is practicing in an outpatient clinic that-- 7,i7 is led by a clinical social worker2 and 7,,ii7 is not otherwise receiving payment under paragraph 7#a7 as a ,medicaid provider described in paragraph 7#b77;,b74 7,h7 ,the term additional ,medicaid provider means-- 7i7 a public hospital that is principally a psychiatric hospital 7as defined in section #ahfa7;f772 7ii7 a private hospital that is principally a psychiatric hospital 7as defined in section #ahfa7;f77 and that has at least #aj percent of its patient volume 7as estimated in accordance with a methodology established by the ,secretary7 attributable to individuals who are receiving medical assistance under this title2 7iii7 a community mental health center meeting the criteria specified in section #aiac7;c7 of the ,public ,health ,service ,act2 or 7iv7 a residential or outpatient mental health or substance abuse treatment facility that-- 7,i7 is accredited by the ,joint ,commission on ,accreditation of ,healthcare ,organizations1 the ,commission on ,accreditation of ,rehabilitation ,facilities1 the ,council on ,accreditation1 or any other national accrediting agency recognized by the ,secretary2 and 7,,ii7 has at least #aj percent of its patient volume 7as estimated in accordance with a methodology established by the ,secretary7 attributable to individuals who are receiving medical assistance under this title4 2 and 7#c7 by adding at the end the following new paragraph3 7#aa7 7,a7 ,the ,secretary shall apply the provisions of this subsection and subsection 7a77#c77;,f7 with respect to an additional eligible professional who is a ,medicaid provider described in paragraph 7#b77;,a7 in the same manner as such provisions apply to any other eligible professional who is a ,medicaid provider described in paragraph 7#b77;,a71 except in applying-- 7i7 paragraph 7#d77;,a77i71 the reference to #bjaf shall be deemed a reference to #bjbj2 and 7ii7 paragraph 7#d77;,a77iii71 the reference to #bjba shall be deemed a reference to #bjbe4 7,b7 ,the ,secretary shall apply the provisions of this subsection and subsection 7a77#c77;,f7 with respect to an additional ,medicaid provider in the same manner as such provisions apply to any other ,medicaid provider described in paragraph 7#b77;,b71 except in applying paragraph 7#d77;,d77i71 the reference to #bjaf shall be deemed a reference to #bjbj4 4 7d7 ,medicare ,advantage organizations ,section #ahec of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bc7 is amended-- 7#a7 in subsection 7l7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting or additional eligible professionals 7as described in paragraph 7#i77 after paragraph 7#b72 and 7ii7 by inserting and additional eligible professionals before under such sections2 7,b7 in paragraph 7#c77;,b7-- 7i7 in clause 7i7 in the matter preceding subclause 7,i71 by inserting or an additional eligible professional described in paragraph 7#i7 after paragraph 7#b72 and 7ii7 in clause 7ii7-- 7,i7 in the matter preceding subclause 7,i71 by inserting or an additional eligible professional described in paragraph 7#i7 after paragraph 7#b72 and 7,,ii7 in subclause 7,i71 by inserting or an additional eligible professional1 respectively1 after eligible professional2 7,c7 in paragraph 7#c77;,c71 by inserting and additional eligible professionals after all eligible professionals2 7,d7 in paragraph 7#d77;,d71 by adding at the end the following new sentence3 ,in the case that a qualifying ,,ma organization attests that not all additional eligible professionals of the organization are meaningful ,,ehr users with respect to an applicable year1 the ,secretary shall apply the payment adjustment under this paragraph based on the proportion of all such additional eligible professionals of the organization that are not meaningful ,,ehr users for such year42 7,e7 in paragraph 7#f77;,a71 by inserting and1 as applicable1 each additional eligible professional described in paragraph 7#i7 after paragraph 7#b72 7,f7 in paragraph 7#f77;,b71 by inserting and1 as applicable1 each additional eligible hospital described in paragraph 7#i7 after subsection 7m77#a72 7,g7 in paragraph 7#g77;,a71 by inserting and1 as applicable1 additional eligible professionals after eligible professionals2 7,h7 in paragraph 7#g77;,b71 by inserting and1 as applicable1 additional eligible professionals after eligible professionals2 7,i7 in paragraph 7#h77;,b71 by inserting and additional eligible professionals described in paragraph 7#i7 after paragraph 7#b72 and 7,j7 by adding at the end the following new paragraph3 7#i7 ,additional eligible professional described ,with respect to a qualifying ,,ma organization1 an additional eligible professional described in this paragraph is an additional eligible professional 7as defined for purposes of section #ahdh7o77 who-- 7,a7 7i7 is employed by the organization2 or 7ii7 7,i7 is employed by1 or is a partner of1 an entity that through contract with the organization furnishes at least #hj percent of the entity's ,medicare patient care services to enrollees of such organization2 and 7,,ii7 furnishes at least #hj percent of the professional services of the additional eligible professional covered under this title to enrollees of the organization2 and 7,b7 furnishes1 on average1 at least #bj hours per week of patient care services4 2 and 7#b7 in subsection 7m7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting or additional eligible hospitals 7as described in paragraph 7#g77 after paragraph 7#b72 and 7ii7 by inserting and additional eligible hospitals before under such sections2 7,b7 in paragraph 7#c77;,a77i71 by inserting or additional eligible hospital after eligible hospital2 7,c7 in paragraph 7#c77;,a77ii71 by inserting or an additional eligible hospital after eligible hospital in each place it occurs2 7,d7 in paragraph 7#c77;,b7-- 7i7 in clause 7i71 by inserting or an additional eligible hospital described in paragraph 7#g7 after paragraph 7#b72 and 7ii7 in clause 7ii7-- 7,i7 in the matter preceding subclause 7,i71 by inserting or an additional eligible hospital described in paragraph 7#g7 after paragraph 7#b72 and 7,,ii7 in subclause 7,i71 by inserting or an additional eligible hospital1 respectively1 after eligible hospital2 7,e7 in paragraph 7#d77;,a71 by inserting or one or more additional eligible hospitals 7as defined in section #ahhf7n771 as appropriate1 after section #ahhf7n77#f77;,a772 7,f7 in paragraph 7#d77;,d71 by adding at the end the following new sentence3 ,in the case that a qualifying ,,ma organization attests that not all additional eligible hospitals of the organization are meaningful ,,ehr users with respect to an applicable period1 the ,secretary shall apply the payment adjustment under this paragraph based on the methodology specified by the ,secretary1 taking into account the proportion of such additional eligible hospitals1 or discharges from such hospitals1 that are not meaningful ,,ehr users for such period42 7,g7 in paragraph 7#e77;,a71 by inserting and1 as applicable1 each additional eligible hospital described in paragraph 7#g7 after paragraph 7#b72 7,h7 in paragraph 7#e77;,b71 by inserting and additional eligible hospitals1 as applicable1 after eligible hospitals2 7,i7 in paragraph 7#f77;,b71 by inserting and additional eligible hospitals described in paragraph 7#g7 after paragraph 7#b72 and 7,j7 by adding at the end the following new paragraph3 7#g7 ,additional eligible hospital described ,with respect to a qualifying ,,ma organization1 an additional eligible hospital described in this paragraph is an additional eligible hospital 7as defined in section #ahhf7n77#f77;,c77 that is under common corporate governance with such organization and serves individuals enrolled under an ,,ma plan offered by such organization4 4