II 

111TH CONGRESS 

1ST SESSION S. 1522 

To amend title XVIII of the Social Security Act to stabilize and modernize 

the provision of partial hospitalization services under the Medicare program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2009 

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

to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to stabilize 

and modernize the provision of partial hospitalization 

services under the Medicare program, 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 ‘‘Outpatient Mental 

5 Health Modernization Act of 2009’’. 

6 SEC. 2. ALLOWABLE PARTIAL HOSPITALIZATION SERVICES. 

7 (a) IN GENERAL.—Section 1861(ff)(2) of the Social 

8 Security Act (42 U.S.C. 1395x(ff)(2)) is amended— 


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1 (1) in subparagraph (H) by striking ‘‘, and’’ at 

2 the end; 

3 (2) by redesignating subparagraph (I) as sub4 paragraph (J); 

5 (3) in subparagraph (J), as redesignated by 

6 paragraph (2), by striking ‘‘(but in no event to in7 clude meals and transportation)’’; 

8 (4) by inserting after subparagraph (H) the fol9 lowing new subparagraph: 

10 ‘‘(A) nutritional planning, meals, and transpor11 tation, and’’; and 

12 (5) by adding at the end the following new sen13 tence: ‘‘The guidelines established under the pre14 ceding sentence shall not allow for nutritional plan15 ning, meals, and transportation to be considered as 

16 meeting the minimum number of services require17 ment in order to receive payment for such items and 

18 services.’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to services furnished on or after 

21 January 1, 2010. 

22 SEC. 3. BEHAVIORAL HEALTH ADVISORY COMMITTEE. 

23 (a) Not later than January 1, 2011, the Secretary 

24 of Health and Human Services shall convene a Behavioral 

25 Health Advisory Committee (in this section referred to as 


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1 the ‘‘Advisory Committee’’) composed of stakeholders in 

2 the behavioral health community. 

3 (b) DUTIES.—The Advisory Committee shall address 

4 issues relating to— 

5 (1) discrimination against the chronically men6 tally ill, elderly, and United States veterans as it re7 lates to receiving treatment for mental illness; 

8 (2) the establishment of conditions of participa9 tion for community mental health centers (as de10 fined in paragraph (3)(B) of section 1861(ff) of the 

11 Social Security Act (42 U.S.C. 1395x(ff)) that pro12 vide partial hospitalization services (as defined in 

13 paragraph (1) of such section) under the Medicare 

14 program under title XVIII of such Act; and 

15 (3) other matters to be determined jointly by 

16 the Secretary and the Advisory Committee. 

17 (c) IMPLEMENTATION.—Not later than January 1, 

18 2012, the Secretary of Health and Human Services, in 

19 consultation with the Advisory Committee, shall imple20 ment conditions of participation for community mental 

21 health centers (as so defined) that provide partial hos22 pitalization services (as so defined) under the Medicare 

23 program under title XVIII of the Social Security Act. 

Æ 


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