I 

118TH CONGRESS 

2D SESSION H. R. 8458 

To amend title XVIII of the Social Security Act to expand access to 

psychological and behavioral services. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2024 

Ms. MALLIOTAKIS (for herself, Ms. CHU, Mr. PFLUGER, and Ms. SCHAKOWSKY) 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 expand 

access to psychological and behavioral services. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Increasing Mental 

5 Health Options Act of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 8458 IH

1 SEC. 2. EXPANDING ELIGIBILITY FOR INCENTIVES TO 

2 PRACTICE IN RURAL AND UNDERSERVED 

3 AREAS. 

4 Section 1833(m) of the Social Security Act (42 

5 U.S.C. 1395l(m)) is amended— 

6 (1) in paragraph (1)— 

7 (A) by inserting ‘‘(A)’’ before ‘‘In the 

8 case’’; and 

9 (B) by adding at the end the following new 

10 subparagraph: 

11 ‘‘(B) In the case of services furnished by a clinical 

12 psychologist (as defined by the Secretary for purposes of 

13 section 1861(ii)) in a year (beginning with 2025) to an 

14 individual, who is covered under the insurance program 

15 established by this part and who incurs expenses for such 

16 services, in an area that is designated (under section 

17 332(a)(1)(A) of the Public Health Service Act) as a health 

18 professional shortage area as identified by the Secretary 

19 prior to the beginning of such year, in addition to the 

20 amount otherwise paid under this part, there also shall 

21 be paid to the clinical psychologist (or to an employer or 

22 facility in the cases described in clause (A) of section 

23 1842(b)(6)) (on a monthly or quarterly basis) from the 

24 Federal Supplementary Medical Insurance Trust Fund an 

25 amount equal to 10 percent of the payment amount for 

26 the service under this part’’; and 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 8458 IH

1 (2) in paragraph (2), by inserting ‘‘or clinical 

2 psychologist’’ after ‘‘physician’’. 

3 SEC. 3. ELIMINATING UNNECESSARY OVERSIGHT AND AP4 PROVAL REQUIREMENTS FOR BEHAVIORAL 

5 HEALTH SERVICES PROVIDED BY CLINICAL 

6 PSYCHOLOGISTS. 

7 (a) COMPREHENSIVE OUTPATIENT REHABILITATION

8 FACILITIES.—Section 1835(a)(2)(E)(iii) of the Social Se9 curity Act (42 U.S.C. 1395n(a)(2)(E)(iii)) is amended by 

10 inserting ‘‘, except that an individual receiving qualified 

11 psychologist services as described in section 1861(ii) may 

12 be under the care of a clinical psychologist with respect 

13 to such services to the extent authorized under State law’’ 

14 before the semicolon. 

15 (b) SKILLED NURSING FACILITIES.—Section 

16 1819(b) of such Act (42 U.S.C. 1395i–3(b)) is amended— 

17 (1) in paragraph (5)(G), by inserting ‘‘clinical 

18 psychologist,’’ after ‘‘nurse practitioner,’’; and 

19 (2) in paragraph (6)(A), by inserting ‘‘, except 

20 that a resident receiving qualified psychologist serv21 ices as described in section 1861(ii) may be under 

22 the supervision of a clinical psychologist with respect 

23 to such services to the extent authorized under State 

24 law’’ before the semicolon. 

25 (c) PARTIAL HOSPITALIZATION SERVICES.— 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 8458 IH

1 (1) Section 1835(a)(2)(F)(iii) of the Social Se2 curity Act (42 U.S.C. 1395n(a)(2)(F)(iii)) is amend3 ed by inserting ‘‘, except that an individual receiving 

4 qualified psychologist services as described in section 

5 1861(ii) may be under the care of a clinical psychol6 ogist with respect to such services to the extent au7 thorized under State law’’ before the period. 

8 (2) Section 1861(ff)(1) of such Act (42 U.S.C. 

9 1395x(ff)(1)) is amended by inserting ‘‘(or, in the 

10 case of qualified psychologist services, under the su11 pervision of a clinical psychologist to the extent au12 thorized under State law)’’ after ‘‘under the super13 vision of a physician’’. 

14 (d) HOME HEALTH SERVICES.— 

15 (1) Section 1861(m) of such Act (42 U.S.C. 

16 1395x(m)) is amended— 

17 (A) in paragraph (6), by striking ‘‘and’’ at 

18 the end; 

19 (B) in paragraph (7), by inserting ‘‘and’’ 

20 after the semicolon; and 

21 (C) by inserting after paragraph (7) the 

22 following new paragraph: 

23 ‘‘(8) an individual receiving qualified psycholo24 gist services may be under the care of a clinical psyVerDate Sep 11 2014 15:55 Jun 29, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8458.IH H8458

ssavage on LAPJG3WLY3PROD with BILLS
5 

•HR 8458 IH

1 chologist with respect to such services to the extent 

2 authorized under State law;’’. 

3 (2) Section 1891(a)(3)(F) of such Act (42 

4 U.S.C. 1395bbb(a)(3)(F)) is amended by inserting 

5 ‘‘clinical psychologist,’’ after ‘‘physician,’’. 

6 (e) INPATIENT PSYCHIATRIC HOSPITAL SERVICES.— 

7 Section 1814(a)(2)(A) of such Act (42 U.S.C. 

8 1395f(a)(2)(A)) is amended by inserting ‘‘(or, in the case 

9 of qualified psychologist services, under the supervision of 

10 a clinical psychologist to the extent authorized under State 

11 law)’’ after ‘‘under the supervision of a physician’’. 

12 (f) RULE OF CONSTRUCTION.—In accordance with 

13 section 410.71(e) of title 42, Code of Federal Regulations 

14 (or any successor regulation), nothing in the provisions of, 

15 and amendments made by, this section shall be construed 

16 as changing or eliminating existing requirements regard17 ing clinical consultation by clinical psychologists with a 

18 beneficiary’s physician, in accordance with accepted pro19 fessional ethical norms and taking into consideration pa20 tient confidentiality. 

21 (g) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to services furnished on or after 

23 January 1, 2025. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS