I 

111TH CONGRESS 

2D SESSION H. R. 5040 

To amend the Public Health Service 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 HOUSE OF REPRESENTATIVES 

APRIL 15, 2010 

Mr. KENNEDY (for himself, Mr. TIM MURPHY of Pennsylvania, Mr. MURPHY

of Connecticut, Mr. GENE GREEN of Texas, and Mr. HASTINGS of Florida) introduced the following bill; which was referred to the Committee 

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

and Means, 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 the Public Health Service 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Health Information 

3 Technology Extension for Behavioral Health Services Act 

4 of 2010’’. 

5 SEC. 2. EXTENSION OF HEALTH INFORMATION TECH6 NOLOGY ASSISTANCE FOR BEHAVIORAL AND 

7 MENTAL HEALTH AND SUBSTANCE ABUSE. 

8 Section 3000(3) of the Public Health Service Act (42 

9 U.S.C. 300jj(3)) is amended by inserting before ‘‘and any 

10 other category’’ the following: ‘‘behavioral and mental 

11 health professionals (as defined in section 

12 331(a)(3)(E)(i)), a substance abuse professional, a psy13 chiatric hospital (as defined in section 1861(f) of the So14 cial Security Act (42 U.S.C. 1395x(f))), a behavioral and 

15 mental health clinic, a substance abuse treatment facil16 ity,’’. 

17 SEC. 3. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY 

18 GRANT PROGRAM. 

19 Title XXX of the Public Health Service Act (42 

20 U.S.C. 300jj et seq.) is amended by adding at the end 

21 the following new section: 

22 ‘‘SEC. 3019. BEHAVIORAL HEALTH INFORMATION TECH23 NOLOGY GRANT PROGRAM. 

24 ‘‘(a) IN GENERAL.—The Secretary, acting through 

25 the National Coordinator, shall award grants to eligible 


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1 entities for the purpose of conducting activities described 

2 in subsection (b). 

3 ‘‘(b) USE OF FUNDS.—A grant awarded under sub4 section (a) may be used by an eligible entity to— 

5 ‘‘(1) facilitate the purchase of health informa6 tion technology; 

7 ‘‘(2) enhance the use of health information 

8 technology, including covering costs associated with 

9 upgrading health information technology in order to 

10 meet the criteria required to become a certified 

11 EHR technology; 

12 ‘‘(3) train personnel in the use of health infor13 mation technology; 

14 ‘‘(4) improve the secure electronic exchange of 

15 health information among behavioral and mental 

16 health professionals, substance abuse professionals, 

17 and other health care providers, including those pro18 viding primary care services; 

19 ‘‘(5) improve health information technology for 

20 adaptation to community-based behavioral heath set21 tings; 

22 ‘‘(6) assist with the implementation of telemedi23 cine, including facilitation of distance clinical con24 sultations in rural and underserved areas; and 


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1 ‘‘(7) collaborate and integrate with health infor2 mation technology regional extension centers (as de3 scribed in section 3012(c)). 

4 ‘‘(c) ELIGIBLE ENTITY.—For the purposes of this 

5 section, the term ‘eligible entity’ means a mental health 

6 treatment facility, substance abuse treatment facility, or 

7 psychiatric hospital (as defined in section 1861(f) of the 

8 Social Security Act (42 U.S.C. 1395x(f)))— 

9 ‘‘(1) that is not otherwise receiving payment 

10 under section 1886(n) of the Social Security Act (42 

11 U.S.C. 1395ww(n)) or section 1903(t) of the Social 

12 Security Act (42 U.S.C. 1396b(t)); 

13 ‘‘(2) at which no services are furnished by an 

14 eligible professional who is receiving payment under 

15 section 1848(o) of the Social Security Act (42 

16 U.S.C. 1395w–4(o)); and 

17 ‘‘(3) that provides assurances to the satisfaction 

18 of the Secretary that such facility will use such 

19 funds to satisfy the requirements to be treated as a 

20 meaningful EHR user, as defined in section 

21 1886(n)(3) of the Social Security Act (42 U.S.C. 

22 1395ww(n)(3)), or to become eligible for a payment 

23 under section 1903(t) of the Social Security Act (42 

24 U.S.C. 1396b(t)). 


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1 ‘‘(d) STANDARDS FOR ACQUISITION OF HEALTH IN2 FORMATION TECHNOLOGY.—To the greatest extent prac3 ticable, the Secretary shall ensure that where funds are 

4 expended under this section for the acquisition of health 

5 information technology, such funds shall be used to ac6 quire health information technology that meets applicable 

7 standards adopted under section 3004. Where it is not 

8 practicable to expend funds on health information tech9 nology that meets such applicable standards, the Secretary 

10 shall ensure that such health information technology 

11 meets applicable standards otherwise adopted by the Sec12 retary. 

13 ‘‘(e) REPORT.—Not later than 2 years after the date 

14 of the enactment of this section, the National Coordinator 

15 shall submit to Congress a report containing such infor16 mation as the Secretary may require. 

17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the 

18 purposes of carrying out subsection (a), there is author19 ized to be appropriated $15,000,000 for fiscal year 

20 2011.’’. 


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1 SEC. 4. EXTENSION OF ELIGIBILITY FOR MEDICARE AND 

2 MEDICAID HEALTH INFORMATION TECH3 NOLOGY IMPLEMENTATION ASSISTANCE. 

4 (a) PAYMENT INCENTIVES FOR ELIGIBLE PROFES5 SIONALS UNDER MEDICARE.—Section 1848 of the Social 

6 Security Act (42 U.S.C. 1395w–4) is amended— 

7 (1) by amending clause (iii) of subsection 

8 (a)(7)(E) to read as follows: 

9 ‘‘(iii) ELIGIBLE PROFESSIONAL.—The 

10 term ‘eligible professional’ means any of 

11 the following: 

12 ‘‘(I) A physician (as defined in 

13 section 1861(r)). 

14 ‘‘(II) A clinical psychologist pro15 viding qualified psychologist services 

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

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

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

19 (2) by amending subparagraph (C) of sub20 section (o)(5) to read as follows: 

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

22 ‘eligible professional’ means any of the fol23 lowing: 

24 ‘‘(i) A physician (as defined in section 

25 1861(r)). 


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1 ‘‘(ii) A clinical psychologist providing 

2 qualified psychologist services (as defined 

3 in section 1861(ii)). 

4 ‘‘(iii) A clinical social worker (as de5 fined in section 1861(hh)(1)).’’. 

6 (b) ELIGIBLE HOSPITALS.—Section 1886(n)(6)(B) 

7 of the Social Security Act (42 U.S.C. 1395ww(n)(6)(B)) 

8 is amended by inserting before the period the following: 

9 ‘‘or an inpatient hospital that is a psychiatric hospital (as 

10 defined in section 1861(f))’’. 

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

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

13 follows: 

14 (1) Paragraph (2)(B) is amended— 

15 (A) in clause (i), by striking ‘‘, or’’ and in16 serting a semicolon; 

17 (B) in clause (ii), by striking the period 

18 and inserting a semicolon; and 

19 (C) by adding after clause (ii) the following 

20 new clauses: 

21 ‘‘(iii) a public hospital that is prin22 cipally a psychiatric hospital (as defined in 

23 section 1861(f)); 

24 ‘‘(iv) a private hospital that is prin25 cipally a psychiatric hospital (as defined in 


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

2 percent of its patient volume (as estimated 

3 in accordance with a methodology estab4 lished by the Secretary) attributable to in5 dividuals receiving medical assistance 

6 under this title; 

7 ‘‘(v) a mental health treatment facility 

8 that has at least 10 percent of its patient 

9 volume (as estimated in accordance with a 

10 methodology established by the Secretary) 

11 attributable to individuals receiving med12 ical assistance under this title; or 

13 ‘‘(vi) a substance abuse treatment fa14 cility that has at least 10 percent of its pa15 tient volume (as estimated in accordance 

16 with a methodology established by the Sec17 retary) attributable to individuals receiving 

18 medical assistance under this title.’’. 

19 (2) Paragraph (3)(B) is amended— 

20 (A) in clause (iv), by striking ‘‘and’’ after 

21 the semicolon; 

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

23 and inserting a semicolon; and 

24 (C) by adding at the end the following new 

25 clauses: 


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1 ‘‘(vi) clinical psychologist providing 

2 qualified psychologist services (as defined 

3 in section 1861(ii)), if such clinical psy4 chologist is practicing in an outpatient 

5 clinic that— 

6 ‘‘(I) is led by a clinical psycholo7 gist; and 

8 ‘‘(II) is not otherwise receiving 

9 payment under paragraph (1) as a 

10 Medicaid provider described in para11 graph (2)(B); and 

12 ‘‘(vii) clinical social worker (as defined 

13 in section 1861(hh)(1)), if such clinical so14 cial worker is practicing in an outpatient 

15 clinic that— 

16 ‘‘(I) is led by a clinical social 

17 worker; and 

18 ‘‘(II) is not otherwise receiving 

19 payment under paragraph (1) as a 

20 Medicaid provider described in para21 graph (2)(B).’’. 

Æ 


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