II 

112TH CONGRESS 

1ST SESSION S. 539 

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 

MARCH 10, 2011 

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 2011’’. 


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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 (as 

11 described in section 1913(b)(2)) (including community 

12 mental health centers that are operated by county behav13 ioral health agencies), a residential mental health treat14 ment facility, an outpatient mental health treatment facil15 ity, a substance abuse treatment facility,’’ before ‘‘and any 

16 other category’’. 

17 SEC. 3. EXTENSION OF HEALTH INFORMATION TECH18 NOLOGY REGIONAL EXTENSION CENTERS. 

19 Section 3012(c)(4) of the Public Health Service Act 

20 (42 U.S.C. 300jj–32(c)(4)) is amended by adding at the 

21 end the following: 

22 ‘‘(E) Community mental health centers (as 

23 described in section 1913(b)(2)), psychiatric 

24 hospitals (as defined in section 1861(f) of the 

25 Social Security Act), behavioral and mental 

26 health professionals (as defined in section 


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1 331(a)(3)(E)(i)), substance abuse professionals, 

2 residential mental health treatment facilities, 

3 outpatient mental health treatment facilities, 

4 and substance abuse treatment facilities, includ5 ing such facilities operated, managed, or con6 tracted for by a county behavioral health agen7 cy.’’. 

8 SEC. 4. EXTENSION OF ELIGIBILITY FOR MEDICARE AND 

9 MEDICAID HEALTH INFORMATION TECH10 NOLOGY ASSISTANCE. 

11 (a) PAYMENT INCENTIVES FOR ELIGIBLE PROFES12 SIONALS UNDER THE MEDICARE PROGRAM.—Section 

13 1848 of the Social Security Act (42 U.S.C. 1395w–4) is 

14 amended— 

15 (1) in subsection (a)(7)(E), by amending clause 

16 (iii) to read as follows: 

17 ‘‘(iii) ELIGIBLE PROFESSIONAL.—The 

18 term ‘eligible professional’ means any of 

19 the following: 

20 ‘‘(I) A physician (as defined sec21 tion 1861(r)). 

22 ‘‘(II) A clinical psychologist pro23 viding qualified psychologist services 

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


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1 ‘‘(III) A clinical social worker (as 

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

3 (2) in subsection (o)(5), by amending subpara4 graph (C) to read as follows: 

5 ‘‘(C) ELIGIBLE PROFESSIONAL.—The term 

6 ‘eligible professional’ means any of the fol7 lowing: 

8 ‘‘(i) A physician (as defined section 

9 1861(r)). 

10 ‘‘(ii) A clinical psychologist providing 

11 qualified psychologist services (as defined 

12 in section 1861(ii)). 

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

15 (b) ELIGIBLE HOSPITALS.—Section 1886(s) of the 

16 Social Security Act (42 U.S.C. 1395ww(s)) is amended— 

17 (1) in paragraph (4)(A)(i), by inserting ‘‘(or, 

18 beginning with fiscal year 2015, by one-quarter of 

19 such annual update (determined without regard to 

20 clause (i) or (ii) of paragraph (2)(A) or paragraph 

21 (5))’’ after ‘‘2 percentage points’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(5) APPLICATION OF INCENTIVES AND INCEN25 TIVE MARKET BASKET ADJUSTMENT FOR ADOPTION


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1 AND MEANINGFUL USE OF CERTIFIED EHR TECH2 NOLOGY.—The provisions of subsections (n) and 

3 (b)(3)(B)(ix) shall apply to a psychiatric hospital (as 

4 defined in section 1861(f)) that furnishes inpatient 

5 hospital services with respect to a rate year begin6 ning in a fiscal year in the same manner as such 

7 subsections apply to an eligible hospital (as defined 

8 in subsection (n)(6)(B)) with respect to such fiscal 

9 year (in accordance with rules prescribed by the Sec10 retary).’’. 

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

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

13 (1) in paragraph (2)— 

14 (A) in subparagraph (B)— 

15 (i) in clause (i), by striking ‘‘, or’’ and 

16 inserting a semicolon; 

17 (ii) in clause (ii), by striking the pe18 riod at the end and inserting a semicolon; 

19 and 

20 (iii) by adding after clause (ii) the fol21 lowing: 

22 ‘‘(iii) a public hospital that is prin23 cipally a psychiatric hospital (as defined in 

24 section 1861(f)); 


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1 ‘‘(iv) a private hospital that is prin2 cipally a psychiatric hospital (as defined in 

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

4 percent of its patient volume (as estimated 

5 in accordance with a methodology estab6 lished by the Secretary) attributable to in7 dividuals who are receiving medical assist8 ance under this title; 

9 ‘‘(v) a community mental health cen10 ter (as described in section 1913(b)(2) of 

11 the Public Health Service Act); 

12 ‘‘(vi) a residential or outpatient men13 tal health treatment facility 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; or 

3 ‘‘(vii) a substance abuse treatment fa4 cility that— 

5 ‘‘(I) is accredited by the Joint 

6 Commission on Accreditation of 

7 Healthcare Organizations, the Com8 mission on Accreditation of Rehabili9 tation Facilities, the Council on Ac10 creditation, or any other national ac11 crediting agency recognized by the 

12 Secretary; and 

13 ‘‘(II) has at least 10 percent of 

14 its patient volume (as estimated in ac15 cordance with a methodology estab16 lished by the Secretary) attributable 

17 to individuals who are receiving med18 ical assistance under this title.’’; and 

19 (B) in the flush matter at the end, by add20 ing the following: ‘‘For purposes of subpara21 graph (B), a hospital, facility, or mental health 

22 center described under such subparagraph shall 

23 include those operated or managed, directly or 

24 under contract, by a county behavioral health 

25 center.’’; and 


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1 (2) in paragraph (3)(B)— 

2 (A) in clause (iv), by striking ‘‘; and’’ and 

3 inserting a semicolon; 

4 (B) in clause (v), by striking the period 

5 and inserting a semicolon; and 

6 (C) by adding at the end the following: 

7 ‘‘(vi) clinical psychologist providing 

8 qualified psychologist services (as defined 

9 in section 1861(ii)), if such clinical psy10 chologist is practicing in an outpatient set11 ting that— 

12 ‘‘(I) is led by a clinical psycholo13 gist; and 

14 ‘‘(II) is not otherwise receiving 

15 payment under paragraph (1) as a 

16 Medicaid provider described in para17 graph (2)(B); and 

18 ‘‘(vii) a clinical social worker (as de19 fined in section 1861(hh)(1)), if such clin20 ical social worker is practicing in an out21 patient clinic that— 

22 ‘‘(I) is led by a clinical social 

23 worker; and 

24 ‘‘(II) is not otherwise receiving 

25 payment under paragraph (1) as a 


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1 Medicaid provider described in para2 graph (2)(B).’’. 

Æ 


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