H.R. 1638 — Introduced in House

I 118th CONGRESS 1st Session H. R. 1638 IN THE HOUSE OF REPRESENTATIVES March 17, 2023Ms. Lee of California (for herself, Mr. Fitzpatrick, Mr. Pocan, Ms. Blunt Rochester, Ms. Tokuda, Mr. Trone, Ms. McCollum, Ms. Schakowsky, Mr. Lynch, Mr. Cohen, Mr. García of Illinois, Mr. Smith of Washington, Mrs. Watson Coleman, Ms. Scanlon, Ms. Kuster, Mr. Carter of Louisiana, Ms. Porter, Mr. Tonko, and Mr. Grijalva) 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 title XVIII of the Social Security Act to improve access to mental health services under the Medicare program. 1. Short title This Act may be cited as the Improving Access to Mental Health Act of 2023. 2. Improved access to mental health services under the Medicare program (a) Access to clinical social workers Section 1833(a)(1)(F)(ii) of the Social Security Act (42 U.S.C. 1395l(a)(1)(F)(ii)) is amended by striking 75 percent of the amount determined for payment of a psychologist under clause (L) and inserting 85 percent of the fee schedule amount provided under section 1848. (b) Access to clinical social worker services provided to residents of skilled nursing facilities (1) Exclusion of clinical social worker services from the skilled nursing facility prospective payment system Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting clinical social worker services, after qualified psychologist services,. (2) Conforming amendment Section 1861(hh)(2) of the Social Security Act (42 U.S.C. 1395x(hh)(2)) is amended by striking and other than services furnished to an inpatient of a skilled nursing facility which the facility is required to provide as a requirement for participation. (c) Access to the complete set of clinical social worker services Section 1861(hh)(2) of the Social Security Act (42 U.S.C. 1395x(hh)(2)), as amended by subsection (b)(2), is amended— (1) by striking for the diagnosis and treatment of mental illnesses (other than services and inserting , including services for the diagnosis and treatment of mental illnesses or services for health and behavior assessment and intervention (identified as of January 1, 2023, by HCPCS codes 96156, 96158–96161, 96164–96168, and 96170–96171 (and any succeeding codes)) but not including services; and (2) by striking inpatient of a hospital) and inserting inpatient of a hospital,. (d) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2024.