II 

113TH CONGRESS 

1ST SESSION S. 1517 

To amend the Public Health Services Act and the Social Security Act to 

extend health information technology assistance eligibility to behavioral 

health, mental health, and substance abuse professionals and facilities, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2013 

Mr. WHITEHOUSE introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To amend the Public Health Services Act and the Social 

Security Act to extend health information technology assistance eligibility to behavioral health, mental health, 

and substance abuse professionals and facilities, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Behavioral Health In5 formation Technology Act of 2013’’. 


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1 SEC. 2. EXTENSION OF HEALTH INFORMATION TECH2 NOLOGY ASSISTANCE FOR BEHAVIORAL 

3 HEALTH AND MENTAL HEALTH AND SUB4 STANCE ABUSE. 

5 Section 3000(3) of the Public Health Services Act 

6 (42 U.S.C. 300jj(3)) is amended by inserting ‘‘a behav7 ioral or mental health professional (as defined in section 

8 331(a)(3)(E)(i)), a substance abuse professional, a psy9 chiatric hospital (as defined in section 1861(f) of the So10 cial Security Act), a community mental health center that 

11 meets the criteria specified in section 1913(c) (including 

12 community mental health centers that are operated by 

13 county behavioral health agencies), a residential or out14 patient mental health or substance abuse treatment facil15 ity,’’ before ‘‘and any other category’’. 

16 SEC. 3. EXTENSION OF ELIGIBILITY FOR MEDICARE AND 

17 MEDICAID HEALTH INFORMATION TECH18 NOLOGY IMPLEMENTATION ASSISTANCE. 

19 (a) PAYMENT INCENTIVES FOR ELIGIBLE PROFES20 SIONALS UNDER THE MEDICARE PROGRAM.—Section 

21 1848 of the Social Security Act (42 U.S.C. 1395w–4) is 

22 amended— 

23 (1) in subsection (a)(7)— 

24 (A) in subparagraph (E), by adding at the 

25 end the following new clause: 


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1 ‘‘(iv) ADDITIONAL ELIGIBLE PROFES2 SIONAL.—The term ‘additional eligible pro3 fessional’ means either of the following: 

4 ‘‘(I) A clinical psychologist pro5 viding qualified psychologist services 

6 (as defined in section 1861(ii)). 

7 ‘‘(II) A clinical social worker (as 

8 defined in section 1861(hh)(1)).’’; and 

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

10 subparagraph: 

11 ‘‘(F) APPLICATION TO ADDITIONAL ELIGI12 BLE PROFESSIONALS.—The Secretary shall 

13 apply the provisions of this paragraph with re14 spect to an additional eligible professional in 

15 the same manner as such provisions apply to an 

16 eligible professional, except in applying sub17 paragraph (A)— 

18 ‘‘(i) in clause (i), the reference to 

19 2015 shall be deemed a reference to 2019; 

20 ‘‘(ii) in clause (ii), the references to 

21 2015, 2016, and 2017 shall be deemed ref22 erences to 2019, 2020, and 2021, respec23 tively; and 


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1 ‘‘(iii) in clause (iii), the reference to 

2 2018 shall be deemed a reference to 

3 2022.’’; and 

4 (2) in subsection (o)— 

5 (A) in paragraph (5), by adding at the end 

6 the following new subparagraph: 

7 ‘‘(D) ADDITIONAL ELIGIBLE PROFES8 SIONAL.—The term ‘additional eligible profes9 sional’ means either of the following: 

10 ‘‘(i) A clinical psychologist providing 

11 qualified psychologist services (as defined 

12 in section 1861(ii)). 

13 ‘‘(ii) A clinical social worker (as de14 fined in section 1861(hh)(1)).’’; and 

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

16 paragraph: 

17 ‘‘(6) APPLICATION TO ADDITIONAL ELIGIBLE

18 PROFESSIONALS.—The Secretary shall apply the 

19 provisions of this subsection with respect to an addi20 tional eligible professional in the same manner as 

21 such provisions apply to an eligible professional, ex22 cept in applying— 

23 ‘‘(A) paragraph (1)(A)(ii), the reference to 

24 2016 shall be deemed a reference to 2020; 


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1 ‘‘(B) paragraph (1)(B)(ii), the references 

2 to 2011 and 2012 shall be deemed references to 

3 2015 and 2016, respectively; 

4 ‘‘(C) paragraph (1)(B)(iii), the references 

5 to 2013 shall be deemed references to 2017; 

6 ‘‘(D) paragraph (1)(B)(v), the references 

7 to 2014 shall be deemed references to 2018; 

8 and 

9 ‘‘(E) paragraph (1)(E), the reference to 

10 2011 shall be deemed a reference to 2015.’’. 

11 (b) ELIGIBLE HOSPITALS.—Section 1886 of the So12 cial Security Act (42 U.S.C. 1395ww) is amended— 

13 (1) in subsection (b)(3)(B)(ix), by adding at the 

14 end the following new subclause: 

15 ‘‘(V) The Secretary shall apply 

16 the provisions of this subsection with 

17 respect to an additional eligible hos18 pital (as defined in subsection 

19 (n)(6)(C)) in the same manner as 

20 such provisions apply to an eligible 

21 hospital except in applying— 

22 ‘‘(aa) subclause (I), the ref23 erences to 2015, 2016, and 2017 

24 shall be deemed references to 


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1 2019, 2020, and 2021, respec2 tively; and 

3 ‘‘(bb) subclause (III), the 

4 reference to 2015 shall be 

5 deemed a reference to 2019.’’; 

6 and 

7 (2) in subsection (n)— 

8 (A) in paragraph (6), by adding at the end 

9 the following new subparagraph: 

10 ‘‘(C) ADDITIONAL ELIGIBLE HOSPITAL.— 

11 The term ‘additional eligible hospital’ means an 

12 inpatient hospital that is a psychiatric hospital 

13 (as defined in section 1861(f)).’’; and 

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

15 paragraph: 

16 ‘‘(7) APPLICATION TO ADDITIONAL ELIGIBLE

17 HOSPITALS.—The Secretary shall apply the provi18 sions of this subsection with respect to an additional 

19 eligible hospital in the same manner as such provi20 sions apply to an eligible hospital, except in apply21 ing— 

22 ‘‘(A) paragraph (2)(E)(ii), the references 

23 to 2013 and 2015 shall be deemed references to 

24 2017 and 2019, respectively; and 


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1 ‘‘(B) paragraph (2)(G)(i), the reference to 

2 2011 shall be deemed a reference to 2015.’’. 

3 (c) MEDICAID PROVIDERS.—Section 1903(t) of the 

4 Social Security Act (42 U.S.C. 1396b(t)) is amended— 

5 (1) in paragraph (2)(B)— 

6 (A) in clause (i), by striking ‘‘, or’’ and in7 serting a semicolon; 

8 (B) in clause (ii), by striking the period at 

9 the end and inserting ‘‘; or’’; and 

10 (C) by adding at the end the following new 

11 clause: 

12 ‘‘(iii) an additional Medicaid provider.’’; 

13 (2) in paragraph (3)— 

14 (A) in subparagraph (B), by inserting after 

15 and below clause (v) the following new sentence: 

16 ‘‘Such term includes an additional eligible pro17 fessional.’’; and 

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

19 subparagraphs: 

20 ‘‘(G) The term ‘additional eligible profes21 sional’ means— 

22 ‘‘(i) a clinical psychologist providing 

23 qualified psychologist services (as defined 

24 in section 1861(ii)), if such clinical psyVerDate Mar 15 2010 00:26 Sep 19, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1517.IS S1517

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1 chologist is practicing in an outpatient set2 ting that— 

3 ‘‘(I) is led by a clinical psycholo4 gist; and 

5 ‘‘(II) is not otherwise receiving 

6 payment under paragraph (1) as a 

7 Medicaid provider described in para8 graph (2)(B); and 

9 ‘‘(ii) a clinical social worker (as de10 fined in section 1861(hh)(1)), if such clin11 ical social worker is practicing in an out12 patient clinic that— 

13 ‘‘(I) is led by a clinical social 

14 worker; and 

15 ‘‘(II) is not otherwise receiving 

16 payment under paragraph (1) as a 

17 Medicaid provider described in para18 graph (2)(B). 

19 ‘‘(H) The term ‘additional Medicaid pro20 vider’ means— 

21 ‘‘(i) a public hospital that is prin22 cipally a psychiatric hospital (as defined in 

23 section 1861(f)); 

24 ‘‘(ii) a private hospital that is prin25 cipally a psychiatric hospital (as defined in 


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1 section 1861(f)) and that has at least 10 

2 percent of its patient volume (as estimated 

3 in accordance with a methodology estab4 lished by the Secretary) attributable to in5 dividuals who are receiving medical assist6 ance under this title; 

7 ‘‘(iii) a community mental health cen8 ter meeting the criteria specified in section 

9 1913(c) of the Public Health Service Act; 

10 or 

11 ‘‘(iv) a residential or outpatient men12 tal health or substance abuse treatment fa13 cility that— 

14 ‘‘(I) is accredited by the Joint 

15 Commission on Accreditation of 

16 Healthcare Organizations, the Com17 mission on Accreditation of Rehabili18 tation Facilities, the Council on Ac19 creditation, or any other national ac20 crediting agency recognized by the 

21 Secretary; and 

22 ‘‘(II) has at least 10 percent of 

23 its patient volume (as estimated in ac24 cordance with a methodology estab25 lished by the Secretary) attributable 


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1 to individuals who are receiving med2 ical assistance under this title.’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(11)(A) The Secretary shall apply the provi6 sions of this subsection and subsection (a)(3)(F) 

7 with respect to an additional eligible professional 

8 who is a Medicaid provider described in paragraph 

9 (2)(A) in the same manner as such provisions apply 

10 to any other eligible professional who is a Medicaid 

11 provider described in paragraph (2)(A), except in 

12 applying— 

13 ‘‘(i) paragraph (4)(A)(i), the reference to 

14 2016 shall be deemed a reference to 2020; and 

15 ‘‘(ii) paragraph (4)(A)(iii), the reference to 

16 2021 shall be deemed a reference to 2025. 

17 ‘‘(B) The Secretary shall apply the provisions of 

18 this subsection and subsection (a)(3)(F) with respect 

19 to an additional Medicaid provider in the same man20 ner as such provisions apply to any other Medicaid 

21 provider described in paragraph (2)(B), except in 

22 applying paragraph (4)(D)(i), the reference to 2016 

23 shall be deemed a reference to 2020.’’. 


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1 (d) MEDICARE ADVANTAGE ORGANIZATIONS.—Sec2 tion 1853 of the Social Security Act (42 U.S.C. 1395w– 

3 23) is amended— 

4 (1) in subsection (l)— 

5 (A) in paragraph (1)— 

6 (i) by inserting ‘‘or additional eligible 

7 professionals (as described in paragraph 

8 (9))’’ after ‘‘paragraph (2)’’; and 

9 (ii) by inserting ‘‘and additional eligi10 ble professionals’’ before ‘‘under such sec11 tions’’; 

12 (B) in paragraph (3)(B)— 

13 (i) in clause (i) in the matter pre14 ceding subclause (I), by inserting ‘‘or an 

15 additional eligible professional described in 

16 paragraph (9)’’ after ‘‘paragraph (2)’’; and 

17 (ii) in clause (ii)— 

18 (I) in the matter preceding sub19 clause (I), by inserting ‘‘or an addi20 tional eligible professional described in 

21 paragraph (9)’’ after ‘‘paragraph 

22 (2)’’; and 

23 (II) in subclause (I), by inserting 

24 ‘‘or an additional eligible professional, 


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1 respectively,’’ after ‘‘eligible profes2 sional’’; 

3 (C) in paragraph (3)(C), by inserting ‘‘and 

4 additional eligible professionals’’ after ‘‘all eligi5 ble professionals’’; 

6 (D) in paragraph (4)(D), by adding at the 

7 end the following new sentence: ‘‘In the case 

8 that a qualifying MA organization attests that 

9 not all additional eligible professionals of the 

10 organization are meaningful EHR users with 

11 respect to an applicable year, the Secretary 

12 shall apply the payment adjustment under this 

13 paragraph based on the proportion of all such 

14 additional eligible professionals of the organiza15 tion that are not meaningful EHR users for 

16 such year.’’; 

17 (E) in paragraph (6)(A), by inserting 

18 ‘‘and, as applicable, each additional eligible pro19 fessional described in paragraph (9)’’ after 

20 ‘‘paragraph (2)’’; 

21 (F) in paragraph (6)(B), by inserting 

22 ‘‘and, as applicable, each additional eligible hos23 pital described in paragraph (9)’’ after ‘‘sub24 section (m)(1)’’; 


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1 (G) in paragraph (7)(A), by inserting 

2 ‘‘and, as applicable, additional eligible profes3 sionals’’ after ‘‘eligible professionals’’; 

4 (H) in paragraph (7)(B), by inserting 

5 ‘‘and, as applicable, additional eligible profes6 sionals’’ after ‘‘eligible professionals’’; 

7 (I) in paragraph (8)(B), by inserting ‘‘and 

8 additional eligible professionals described in 

9 paragraph (9)’’ after ‘‘paragraph (2)’’; and 

10 (J) by adding at the end the following new 

11 paragraph: 

12 ‘‘(9) ADDITIONAL ELIGIBLE PROFESSIONAL DE13 SCRIBED.—With respect to a qualifying MA organi14 zation, an additional eligible professional described 

15 in this paragraph is an additional eligible profes16 sional (as defined for purposes of section 1848(o)) 

17 who— 

18 ‘‘(A)(i) is employed by the organization; or 

19 ‘‘(ii)(I) is employed by, or is a partner of, 

20 an entity that through contract with the organi21 zation furnishes at least 80 percent of the enti22 ty’s Medicare patient care services to enrollees 

23 of such organization; and 

24 ‘‘(II) furnishes at least 80 percent of the 

25 professional services of the additional eligible 


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1 professional covered under this title to enrollees 

2 of the organization; and 

3 ‘‘(B) furnishes, on average, at least 20 

4 hours per week of patient care services.’’; and 

5 (2) in subsection (m)— 

6 (A) in paragraph (1)— 

7 (i) by inserting ‘‘or additional eligible 

8 hospitals (as described in paragraph (7))’’ 

9 after ‘‘paragraph (2)’’; and 

10 (ii) by inserting ‘‘and additional eligi11 ble hospitals’’ before ‘‘under such sec12 tions’’; 

13 (B) in paragraph (3)(A)(i), by inserting 

14 ‘‘or additional eligible hospital’’ after ‘‘eligible 

15 hospital’’; 

16 (C) in paragraph (3)(A)(ii), by inserting 

17 ‘‘or an additional eligible hospital’’ after ‘‘eligi18 ble hospital’’ in each place it occurs; 

19 (D) in paragraph (3)(B)— 

20 (i) in clause (i), by inserting ‘‘or an 

21 additional eligible hospital described in 

22 paragraph (7)’’ after ‘‘paragraph (2)’’; and 

23 (ii) in clause (ii)— 

24 (I) in the matter preceding sub25 clause (I), by inserting ‘‘or an addiVerDate Mar 15 2010 00:26 Sep 19, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1517.IS S1517

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1 tional eligible hospital described in 

2 paragraph (7)’’ after ‘‘paragraph 

3 (2)’’; and 

4 (II) in subclause (I), by inserting 

5 ‘‘or an additional eligible hospital, re6 spectively,’’ after ‘‘eligible hospital’’; 

7 (E) in paragraph (4)(A), by inserting ‘‘or 

8 one or more additional eligible hospitals (as de9 fined in section 1886(n)), as appropriate,’’ after 

10 ‘‘section 1886(n)(6)(A))’’; 

11 (F) in paragraph (4)(D), by adding at the 

12 end the following new sentence: ‘‘In the case 

13 that a qualifying MA organization attests that 

14 not all additional eligible hospitals of the orga15 nization are meaningful EHR users with re16 spect to an applicable period, the Secretary 

17 shall apply the payment adjustment under this 

18 paragraph based on the methodology specified 

19 by the Secretary, taking into account the pro20 portion of such additional eligible hospitals, or 

21 discharges from such hospitals, that are not 

22 meaningful EHR users for such period.’’; 

23 (G) in paragraph (5)(A), by inserting 

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1 pital described in paragraph (7)’’ after ‘‘para2 graph (2)’’; 

3 (H) in paragraph (5)(B), by inserting 

4 ‘‘and additional eligible hospitals, as applica5 ble,’’ after ‘‘eligible hospitals’’; 

6 (I) in paragraph (6)(B), by inserting ‘‘and 

7 additional eligible hospitals described in para8 graph (7)’’ after ‘‘paragraph (2)’’; and 

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

10 paragraph: 

11 ‘‘(7) ADDITIONAL ELIGIBLE HOSPITAL DE12 SCRIBED.—With respect to a qualifying MA organi13 zation, an additional eligible hospital described in 

14 this paragraph is an additional eligible hospital (as 

15 defined in section 1886(n)(6)(C)) that is under com16 mon corporate governance with such organization 

17 and serves individuals enrolled under an MA plan of18 fered by such organization.’’. 

Æ 


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