IIB 

110TH CONGRESS 

2D SESSION H. R. 4848 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8 (legislative day, FEBRUARY 6), 2008 

Received; read twice and referred to the Committee on Finance 

AN ACT 

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, 


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1 SECTION 1. PARITY IN APPLICATION OF CERTAIN LIMITS 

2 TO MENTAL HEALTH BENEFITS. 

3 (a) AMENDMENT TO THE INTERNAL REVENUE CODE

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

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

6 ‘‘2008’’. 

7 (b) AMENDMENT TO THE EMPLOYEE RETIREMENT

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

9 Employee Retirement Income Security Act of 1974 (29 

10 U.S.C. 1185a(f)) is amended by striking ‘‘2007’’ and in11 serting ‘‘2008’’. 

12 (c) AMENDMENT TO THE PUBLIC HEALTH SERVICE

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

14 (42 U.S.C. 300gg–5(f)) is amended by striking ‘‘2007’’ 

15 and inserting ‘‘2008’’. 

16 SEC. 2. INCLUSION OF MEDICARE PROVIDERS AND SUP17 PLIERS IN FEDERAL PAYMENT LEVY AND AD18 MINISTRATIVE OFFSET PROGRAM. 

19 (a) IN GENERAL.—Section 1874 of the Social Secu20 rity Act (42 U.S.C. 1395kk) is amended by adding at the 

21 end the following new subsection: 

22 ‘‘(d) INCLUSION OF MEDICARE PROVIDER AND SUP23 PLIER PAYMENTS IN FEDERAL PAYMENT LEVY PRO24 GRAM.— 

25 ‘‘(1) IN GENERAL.—The Centers for Medicare 

26 & Medicaid Services shall take all necessary steps to 


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1 participate in the Federal Payment Levy Program 

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

3 of 1986 as soon as possible and shall ensure that— 

4 ‘‘(A) at least 50 percent of all payments 

5 under parts A and B are processed through 

6 such program beginning within 1 year after the 

7 date of the enactment of this section; 

8 ‘‘(B) at least 75 percent of all payments 

9 under parts A and B are processed through 

10 such program beginning within 2 years after 

11 such date; and 

12 ‘‘(C) all payments under parts A and B 

13 are processed through such program beginning 

14 not later than September 30, 2011. 

15 ‘‘(2) ASSISTANCE.—The Financial Management 

16 Service and the Internal Revenue Service shall pro17 vide assistance to the Centers for Medicare & Med18 icaid Services to ensure that all payments described 

19 in paragraph (1) are included in the Federal Pay20 ment Levy Program by the deadlines specified in 

21 that subsection.’’. 

22 (b) APPLICATION OF ADMINISTRATIVE OFFSET PRO23 VISIONS TO MEDICARE PROVIDER OR SUPPLIER PAY24 MENTS.—Section 3716 of title 31, United States Code, is 

25 amended— 


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

2 Human Services,’’ after ‘‘United States Postal Serv3 ice,’’ in subsection (c)(1)(A); and 

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

5 the following new subparagraph: 

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

7 made after the date which is 90 days after the 

8 enactment of this subparagraph (or such earlier 

9 date as designated by the Secretary of Health 

10 and Human Services) with respect to claims or 

11 debts, and to amounts payable, under title 

12 XVIII of the Social Security Act.’’. 

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

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

15 of this Act. 

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

17 (a) IN GENERAL.—In addition to any amounts other18 wise made available to the Physician Assistance and Qual19 ity Initiative Fund under section 1848(l)(2) of the Social 

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

21 made available to such Fund— 

22 (1) $93,000,000 for expenditures during or 

23 after 2009; 

24 (2) $212,000,000 for expenditures during or 

25 after 2014; and 


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1 (3) $44,000,000 for expenditures during or 

2 after 2018. 

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

4 Human Services shall provide for expenditures from the 

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

6 provide (to the maximum extent feasible) for the obliga7 tion of the entire amount specified in— 

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

9 to physicians’ services furnished during or after Jan10 uary 1, 2009; 

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

12 to physicians’ services furnished on or after January 

13 1, 2014; and 

14 (3) subsection (a)(3) for payment with respect 

15 to physicians’ services furnished on or after January 

16 1, 2018. 

17 SEC. 4. PROTECTION OF SOCIAL SECURITY. 

18 To ensure that the assets of the trust funds estab19 lished under section 201 of the Social Security Act (42 

20 U.S.C. 401) are not reduced as a result of the enactment 

21 of this Act, the Secretary of the Treasury shall transfer 

22 from the general revenues of the Federal Government to 

23 those trust funds the following amounts: 

24 (1) For fiscal year 2008, $1,000,000. 


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1 (2) For fiscal year 2009, $5,000,000. 

2 (3) For fiscal year 2010, $1,000,000. 

Passed the House of Representatives February 7, 

2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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