I

106TH CONGRESS

2D SESSION H. R. 5055

To amend the Social Security Act and the Public Health Service Act with

respect to qualifications for community mental health centers, to postpone

for 1 year the application of the Medicare hospital outpatient prospective

payment system to partial hospitalization services, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 2000

Mr. LAMPSON (for himself, Mr. PAUL, Ms. JACKSON-LEE of Texas, Mr.

BENTSEN, Mr. GREEN of Texas, Mr. STRICKLAND, Mr. TURNER, Mr.

BAIRD, and Mr. RANGEL) introduced the following bill; which was referred to the Committee on 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 the Social Security Act and the Public Health

Service Act with respect to qualifications for community

mental health centers, to postpone for 1 year the application of the Medicare hospital outpatient prospective payment system to partial hospitalization services, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Community Mental

3 Health Center Improvement Act of 2000‘’.

4 SEC. 2. QUALIFICATIONS FOR COMMUNITY MENTAL

5 HEALTH CENTERS.

6 (a) MEDICARE PROGRAM.—Section 1861(ff)(3)(B) of

7 the Social Security Act (42 U.S.C. 1395x(ff)(3)(B)) is

8 amended by striking ‘‘entity’’ and all that follows and in9 serting the following: ‘‘entity that—

10 ‘‘(i)(I) provides the mental health services de11 scribed in section 1913(c)(1) of the Public Health

12 Service Act; or

13 ‘‘(II) in the case of an entity operating in a

14 State that by law precludes the entity from pro15 viding itself a service described in such section, pro16 vides for such service by contract with an approved

17 organization or entity (as determined by the Sec18 retary);

19 ‘‘(ii) meets applicable licensing or certification

20 requirements for community mental health centers

21 in the State in which it is located; and

22 ‘‘(iii) meets such additional conditions as the

23 Secretary shall specify to ensure (I) the health and

24 safety of individuals being furnished such services,

25 (II) the effective and efficient furnishing of such

26 services, and (III) the compliance of such entity with
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1 the criteria described in section 1931(c)(1) of the

2 Public Health Service Act.’’.

3 (b) PROGRAM OF BLOCK GRANTS FOR COMMUNITY

4 MENTAL HEALTH SERVICES.—Section 1913(c)(1)(E) of

5 the Public Health Service Act (42 U.S.C. 300x–

6 3(c)(1)(E)) is amended to read as follows:

7 ‘‘(E) Determining the clinical appropriate8 ness of admissions to any inpatient psychiatric

9 hospitals by engaging a full-time mental health

10 professional who is licensed or certified to make

11 such a determination by the State involved.’’.

12 (c) EFFECTIVE DATE.—The amendments made by

13 this section apply with respect to community mental

14 health centers with respect to services furnished on or

15 after the first day of the third month beginning after the

16 date of the enactment of this Act.

17 SEC. 3. 1 YEAR DELAY IN APPLICATION OF MEDICARE HOS18 PITAL OUTPATIENT PROSPECTIVE PAYMENT

19 SYSTEM TO PARTIAL HOSPITALIZATION

20 SERVICES.

21 Section 1833(t) of the Social Security Act (42 U.S.C.

22 1395l1(t)) is amended—

23 (1) by redesignating paragraph (13) as para24 graph (14); and
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1 (2) by inserting after paragraph (12) the fol2 lowing new paragraph:

3 ‘‘(13) PARTIAL HOSPITALIZATION SERVICES.—

4 In the case of partial hospitalization services (as de5 fined in section 1861(ff))—

6 ‘‘(A) the system under this subsection shall

7 not apply to covered partial hospitalization serv8 ices furnished before August 1, 2001; and

9 ‘‘(B) the Secretary may establish a sepa10 rate conversion factor for such services in a

11 manner that specifically takes into account the

12 unique costs incurred by providers of such serv13 ices by virtue of their patient population and

14 service intensity.’’.

15 SEC. 4. AUTHORITY TO MAKE OPD PPS TRANSITIONAL COR16 RIDOR PAYMENTS TO HOSPITALS THAT DID

17 NOT SUBMIT COST REPORTS FOR 1996.

18 (a) IN GENERAL.—Section 1833(t)(7)(F)(ii)(I) of the

19 Social Security Act, as inserted by section 202(a)(3) of

20 the Medicare, Medicaid, and SCHIP Balanced Budget Re21 finement Act of 1999 (113 Stat. 1501A–343), as enacted

22 into law by section 1000(a)(6) of P.L. 106–113, is amend23 ed to read as follows:

24 ‘‘(I) the hospital’s reimbursement

25 under this part for covered OPD serv-
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1 ices (including any reimbursement for

2 such services through cost-sharing de3 scribed in subparagraph (E)) fur4 nished during the cost reporting pe5 riod ending in 1996, or, in the case of

6 a hospital that did not submit a cost

7 report for such cost reporting period,

8 furnished during the first subsequent

9 cost reporting period ending in or be10 fore 2000 for which the hospital sub11 mitted a cost report, to’’.

12 (b) EFFECTIVE DATE.—The amendment made by

13 subsection (a) shall be effective as if included in the enact14 ment of the Balanced Budget Act of 1997, as amended

15 by the Medicare, Medicaid, and SCHIP Balanced Budget

16 Refinement Act of 1999.

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