Improving Access to Mental Health Act of 2023

Improving Access to Mental Health Act of 2023

This bill increases the Medicare reimbursement rate for clinical social worker services. The bill excludes clinical social worker services from the prospective payment system in which predetermined amounts form the basis for payment under Medicare.

Additionally, the bill alters the definition of clinical social worker services as it relates to Medicare. Under current law, such services (1) include services performed for the diagnosis and treatment of mental illnesses, and (2) exclude services furnished to an inpatient of a skilled nursing facility as a condition of the facility's participation in the Medicare program. The bill repeals these provisions and instead specifies that such services include certain types of health behavior assessment and intervention.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1638 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1638

 To amend title XVIII of the Social Security Act to improve access to 
           mental health services under the Medicare program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2023

  Ms. 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. Garcia 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.

    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 ``Improving Access to Mental Health 
Act of 2023''.

SEC. 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.
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