I 

111TH CONGRESS 

1ST SESSION H. R. 4373 

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 HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2009 

Mr. HASTINGS of Florida (for himself, Mr. MEEK of Florida, Mr. BARROW, 

Ms. JACKSON-LEE of Texas, Mr. STARK, and Mrs. NAPOLITANO) introduced the following bill; which was referred to the Committee on Ways 

and Means, and in addition to the Committee on Energy and Commerce, 

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 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’’. 


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1 SEC. 2. ALLOWABLE PARTIAL HOSPITALIZATION SERVICES. 

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

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

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

5 the end; 

6 (2) by redesignating subparagraph (I) as sub7 paragraph (J); 

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

9 paragraph (2), by striking ‘‘(but in no event to in10 clude meals and transportation)’’; 

11 (4) by inserting after subparagraph (H) the fol12 lowing new subparagraph: 

13 ‘‘(I) nutritional planning, meals, and trans14 portation, and’’; and 

15 (5) by adding at the end the following new sen16 tence: ‘‘The guidelines established under the pre17 ceding sentence shall not allow for nutritional plan18 ning, meals, and transportation to be considered as 

19 meeting the minimum number of services require20 ment in order to receive payment for such items and 

21 services.’’. 

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

23 this section shall apply to services furnished on or after 

24 January 1, 2011. 


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1 SEC. 3. BEHAVIORAL HEALTH ADVISORY COMMITTEE. 

2 (a) IN GENERAL.—Not later than January 1, 2011, 

3 the Secretary of Health and Human Services shall convene 

4 a Behavioral Health Advisory Committee (in this section 

5 referred to as the ‘‘Advisory Committee’’) composed of 

6 stakeholders in the behavioral health community. 

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

8 issues relating to— 

9 (1) discrimination against the chronically men10 tally ill, elderly, and United States veterans as it re11 lates to receiving treatment for mental illness; 

12 (2) the establishment of conditions of participa13 tion for community mental health centers (as de14 fined in paragraph (3)(B) of section 1861(ff) of the 

15 Social Security Act (42 U.S.C. 1395x(ff)) that pro16 vide partial hospitalization services (as defined in 

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

18 program under title XVIII of such Act; and 

19 (3) other matters to be determined jointly by 

20 the Secretary and the Advisory Committee. 

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

22 2012, the Secretary of Health and Human Services, in 

23 consultation with the Advisory Committee, shall imple24 ment conditions of participation for community mental 

25 health centers (as so defined) that provide partial hosVerDate Nov 24 2008 07:40 Dec 18, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4373.IH H4373

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1 pitalization services (as so defined) under the Medicare 

2 program under title XVIII of the Social Security Act. 

Æ 


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