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.

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.

Summary: Seniors Mental Health Access Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage under Medicare part B of marriage and family therapist services generally, and particularly those provided in rural health clinics and in hospice programs. Amends Medicare part C (Miscellaneous) to exclude such services from the skilled nursing facility prospective payment system. Authorizes marriage and family therapists to develop discharge plans for post-hospital services.