[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 820 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 820
To amend title XVIII of the Social Security Act to provide for the
coverage of marriage and family therapist services under part B of the
Medicare Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2007
Mr. Towns 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 provide for the
coverage of marriage and family therapist services under part B of the
Medicare Program, 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 ``Seniors Mental Health Access
Improvement Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Symptoms of depression are displayed by 37 percent of
seniors (individuals ages 65 and over) in the United States.
(2) The suicide rate for seniors is higher than such rate
for other age groups in the United States.
(3) Many Medicare beneficiaries lack access to mental
health services because mental health providers do not furnish
services in many medically underserved communities in which
such beneficiaries inhabit.
(4) Marriage and family therapists are the only core mental
health professionals recognized by the Department of Health and
Human Services but not recognized by the Medicare program for
purposes of coverage of services provided by such professionals
and reimbursement for such services. Psychiatrists, clinical
psychologists, clinical social workers, and psychiatric nurses
are recognized Medicare providers.
(5) Out of all counties in the United States, nearly 75
percent of such counties do not have psychiatrists, 58 percent
of such counties do not have clinical social workers, and 50
percent of such counties do not have psychologists with a
professional degree to serve their population. Marriage and
family therapists provide critical, cost-effective mental
health services for populations that have no other mental
health providers.
(6) The shortage of mental health providers who participate
in the Medicare program is a result of the Medicare program not
covering the services of the 50,0000 licensed marriage and
family therapists.
(7) Many marriage and family therapists work in medically
underserved communities. Twenty-five percent of patients are
ethnic minorities and in 2006, 27 percent of marriage and
family therapy students were ethnic minorities, a percentage
that continues to increase annually.
(8) There are 25 percent more marriage and family
therapists than psychiatrists in rural counties, and in the
most rural areas, there are twice as many marriage and family
therapists than psychiatrists.
(9) Medicare coverage of marriage and family therapy
services can increase Medicare beneficiaries' access to mental
health care in rural areas.
SEC. 3. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES UNDER PART
B.
(a) Coverage of Services.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (Z), by striking ``and'' at the end;
(2) in subparagraph (AA), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(BB) marriage and family therapist services (as
defined in subsection (ccc)(1));''.
(b) Definition.--Section 1861 of such Act (42 U.S.C. 1395x) is
amended by adding at the end thereof the following new subsection:
``Marriage and Family Therapist Services
``(ccc)(1) The term `marriage and family therapist services' means
services performed by a marriage and family therapist (as defined in
paragraph (2)) for the diagnosis and treatment of mental illnesses,
which the marriage and family therapist is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) of the State in which such services are performed, as would
otherwise be covered if furnished by a physician or as an incident to a
physician's professional service, but only if no facility or other
provider charges or is paid any amounts with respect to the furnishing
of such services.
``(2) The term `marriage and family therapist' means an individual
who--
``(A) possesses a master's or doctoral degree which
qualifies for licensure or certification as a marriage and
family therapist pursuant to State law;
``(B) after obtaining such degree has performed at least
two years of clinical supervised experience in marriage and
family therapy; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of marriage
or family therapists, is licensed or certified as a marriage
and family therapist in such State.''.
(c) Provision for Payment Under Part B.--Section 1832(a)(2)(B) of
such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the
following new clause:
``(v) marriage and family therapist
services;''.
(d) Amount of Payment.--Section 1833(a)(1) of such Act (42 U.S.C.
13951(a)(1)) is amended--
(1) by striking ``and (V)'' and inserting ``(V)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (W) with respect to marriage and family
therapist services under section 1861(s)(2)(BB), the amounts
paid shall be 80 percent of the lesser of the actual charge for
the services or 75 percent of the amount determined for payment
of a psychologist under clause (L)''.
(e) Exclusion of Marriage and Family Therapist Services From
Skilled Nursing Facility Prospective Payment System.--Section
1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is
amended by inserting ``marriage and family therapist services,'' after
``qualified psychologist services,''.
(f) Inclusion of Marriage and Family Therapists as Practitioners
for Assignment of Claims.--Section 1842(b)(18)(C) of such Act (42
U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following
new clause:
``(vii) A marriage and family therapist (as defined in
section 1861(ccc)(2)).''.
SEC. 4. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES PROVIDED IN
CERTAIN SETTINGS.
(a) Rural Health Clinics.--Section 1861(aa)(1)(B) of the Social
Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by
a marriage and family therapist (as defined in subsection (ccc)(2)),''
after ``by a clinical psychologist (as defined by the Secretary)''.
(b) Hospice Programs.--Section 1861(dd)(2)(B)(i)(III) of such Act
(42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or
marriage and family therapist (as defined in subsection (ccc)(2))''
after ``social worker''.
SEC. 5. AUTHORIZATION OF MARRIAGE AND FAMILY THERAPISTS TO DEVELOP
DISCHARGE PLANS FOR POST-HOSPITAL SERVICES.
Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C.
1395x(ee)(2)(G)) is amended by inserting ``marriage and family
therapist (as defined in subsection (ccc)(2)),'' after ``social
worker,''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act apply with respect to services
furnished on or after January 1, 2008.
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