I 

110TH CONGRESS 

1ST SESSION H. R. 4848 

To extend for one year parity in the application of certain limits to mental 

health benefits, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2007 

Mr. PALLONE (for himself and Mr. STARK) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committees on Ways and Means and Education and 

Labor, 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 extend for one year parity in the application of certain 

limits to mental health benefits, 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. PARITY IN APPLICATION OF CERTAIN LIMITS 

4 TO MENTAL HEALTH BENEFITS. 

5 (a) AMENDMENT TO THE INTERNAL REVENUE CODE

6 OF 1986.—Section 9812(f)(3) of the Internal Revenue 

7 Code of 1986 is amended by striking ‘‘2007’’ and inserting 

8 ‘‘2008’’. 


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1 (b) AMENDMENT TO THE EMPLOYEE RETIREMENT

2 INCOME SECURITY ACT OF 1974.—Section 712(f) of the 

3 Employee Retirement Income Security Act of 1974 (29 

4 U.S.C. 1185a(f)) is amended by striking ‘‘2007’’ and in5 serting ‘‘2008’’. 

6 (c) AMENDMENT TO THE PUBLIC HEALTH SERVICE

7 ACT.—Section 2705(f) of the Public Health Service Act 

8 (42 U.S.C. 300gg–5(f)) is amended by striking ‘‘2007’’ 

9 and inserting ‘‘2008’’. 

10 SEC. 2. INCLUSION OF MEDICARE PROVIDERS IN FEDERAL 

11 PAYMENT LEVY AND ADMINISTRATIVE OFF12 SET PROGRAM. 

13 (a) IN GENERAL.—Part E of title XVIII of the Social 

14 Security Act (42 U.S.C. 1395x et seq.) is amended by add15 ing at the end the following new section: 

16 ‘‘INCLUSION OF MEDICARE PROVIDER PAYMENTS IN

17 FEDERAL PAYMENT LEVY PROGRAM

18 ‘‘SEC. 1898. (a) IN GENERAL.—The Centers for 

19 Medicare & Medicaid Services shall take all necessary 

20 steps to participate in the Federal Payment Levy Program 

21 under section 6331(h) of the Internal Revenue Code of 

22 1986 as soon as possible and shall ensure that— 

23 ‘‘(1) at least 50 percent of all payments under 

24 parts A and B are processed through such program 

25 beginning within 1 year after the date of the enact26 ment of this section; 


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1 ‘‘(2) at least 75 percent of all payments under 

2 parts A and B are processed through such program 

3 beginning within 2 years after such date; and 

4 ‘‘(3) all payments under parts A and B are 

5 processed through such program beginning not later 

6 than September 30, 2011. 

7 ‘‘(b) ASSISTANCE.—The Financial Management 

8 Service and the Internal Revenue Service shall provide as9 sistance to the Centers for Medicare & Medicaid Services 

10 to ensure that all payments described in subsection (a) 

11 are included in the Federal Payment Levy Program by 

12 the deadlines specified in that subsection.’’. 

13 (b) APPLICATION OF ADMINISTRATIVE OFFSET PRO14 VISIONS TO MEDICARE PROVIDER PAYMENTS.—Section 

15 3716 of title 31, United States Code, is amended— 

16 (1) by inserting ‘‘the Department of Health and 

17 Human Services,’’ after ‘‘United States Postal Serv18 ice,’’ in subsection (c)(1)(A); and 

19 (2) by adding at the end of subsection (c)(3) 

20 the following new subparagraph: 

21 ‘‘(D) This section shall apply to payments 

22 made after the date which is 90 days after the 

23 enactment of this subparagraph (or such earlier 

24 date as designated by the Secretary of Health 

25 and Human Services) with respect to claims or 


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1 debts, and to amounts payable, under title 

2 XVIII of the Social Security Act.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the date of the enactment 

5 of this Act. 

6 SEC. 3. DEPOSIT OF EXCESS SAVINGS IN PAQI FUND. 

7 (a) IN GENERAL.—In addition to any amounts other8 wise made available to the Physician Assistance and Qual9 ity Initiative Fund under section 1848(l)(2) of the Social 

10 Security Act (42 U.S.C. 1395w–4(l)(2)), there shall be 

11 made available to such Fund— 

12 (1) $98,000,000 for expenditures on or after 

13 October 1, 2008; and 

14 (2) $212,000,000 for expenditures during or 

15 after 2013. 

16 (b) OBLIGATION.—The Secretary of Health and 

17 Human Services shall provide for expenditures from the 

18 Fund specified in subsection (a) in a manner designed to 

19 provide (to the maximum extent feasible) for the obliga20 tion of the entire amount specified in— 

21 (1) subsection (a)(1) for payment with respect 

22 to physicians’ services furnished on or after October 

23 1, 2008; and 


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1 (2) subsection (a)(2) for payment with respect 

2 to physicians’ services furnished on or after January 

3 1, 2013. 

Æ 


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