I 

111TH CONGRESS 

2D SESSION H. R. 5025 

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 14, 2010 

Mr. KENNEDY 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘HITECH Extension 

5 for Behavioral Health Services Act of 2010’’. 


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1 SEC. 2. EXTENSION OF HEALTH INFORMATION TECH2 NOLOGY ASSISTANCE FOR BEHAVIORAL AND 

3 MENTAL HEALTH AND SUBSTANCE ABUSE. 

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

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

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

7 health professionals (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 (42 U.S.C. 1395x(f))), a behavioral and 

11 mental health clinic, a substance abuse treatment facil12 ity,’’. 

13 SEC. 3. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY 

14 GRANT PROGRAM. 

15 Title XXX of the Public Health Service Act (42 

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

17 the following new section: 

18 ‘‘SEC. 3019. BEHAVIORAL HEALTH INFORMATION TECH19 NOLOGY GRANT PROGRAM. 

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

21 the National Coordinator, shall award grants to eligible 

22 entities for the purpose of conducting activities described 

23 in subsection (b). 

24 ‘‘(b) USE OF FUNDS.—A grant awarded under sub25 section (a) may be used by an eligible entity to— 


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1 ‘‘(1) facilitate the purchase of health informa2 tion technology; 

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

4 technology, including covering costs associated with 

5 upgrading health information technology in order to 

6 meet the criteria required to become a certified 

7 EHR technology; 

8 ‘‘(3) train personnel in the use of health infor9 mation technology; 

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

11 health information among behavioral and mental 

12 health professionals, substance abuse professionals, 

13 and other health care providers, including those pro14 viding primary care services; 

15 ‘‘(5) improve health information technology for 

16 adaptation to community-based behavioral heath set17 tings; 

18 ‘‘(6) assist with the implementation of telemedi19 cine, including facilitation of distance clinical con20 sultations in rural and underserved areas; and 

21 ‘‘(7) collaborate and integrate with health infor22 mation technology regional extension centers (as de23 scribed in section 3012(c)). 

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

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


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1 treatment facility, substance abuse treatment facility, or 

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

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

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

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

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

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

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

9 eligible professional who is receiving payment under 

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

11 U.S.C. 1395w–4(o)); and 

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

13 of the Secretary that such facility will use such 

14 funds to satisfy the requirements to be treated as a 

15 meaningful EHR user, as defined in section 

16 1886(n)(3) of the Social Security Act (42 U.S.C. 

17 1395ww(n)(3)), or to become eligible for a payment 

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

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

20 ‘‘(d) STANDARDS FOR ACQUISITION OF HEALTH IN21 FORMATION TECHNOLOGY.—To the greatest extent prac22 ticable, the Secretary shall ensure that where funds are 

23 expended under this section for the acquisition of health 

24 information technology, such funds shall be used to ac25 quire health information technology that meets applicable 


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1 standards adopted under section 3004. Where it is not 

2 practicable to expend funds on health information tech3 nology that meets such applicable standards, the Secretary 

4 shall ensure that such health information technology 

5 meets applicable standards otherwise adopted by the Sec6 retary. 

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

8 of the enactment of this section, the National Coordinator 

9 shall submit to Congress a report containing such infor10 mation as the Secretary may require. 

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

12 purposes of carrying out subsection (a), there is author13 ized to be appropriated $15,000,000 for fiscal year 

14 2011.’’. 

15 SEC. 4. EXTENSION OF ELIGIBILITY FOR MEDICARE AND 

16 MEDICAID HEALTH INFORMATION TECH17 NOLOGY IMPLEMENTATION ASSISTANCE. 

18 (a) PAYMENT INCENTIVES FOR ELIGIBLE PROFES19 SIONALS UNDER MEDICARE.—Section 1848 of the Social 

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

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

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

23 ‘‘(iii) ELIGIBLE PROFESSIONAL.—The 

24 term ‘eligible professional’ means any of 

25 the following: 


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1 ‘‘(I) A physician (as defined in 

2 section 1861(r)). 

3 ‘‘(II) A clinical psychologist pro4 viding qualified psychologist services 

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

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

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

8 (2) by amending subparagraph (C) of sub9 section (o)(5) to read as follows: 

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

11 ‘eligible professional’ means any of the fol12 lowing: 

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

14 1861(r)). 

15 ‘‘(ii) A clinical psychologist providing 

16 qualified psychologist services (as defined 

17 in section 1861(ii)). 

18 ‘‘(iii) A clinical social worker (as de19 fined in section 1861(hh)(1)).’’. 

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

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

22 is amended by inserting before the period the following: 

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

24 defined in section 1861(f))’’. 


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

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

3 follows: 

4 (1) Paragraph (2)(B) is amended— 

5 (A) in clause (i), by striking ‘‘, or’’ and in6 serting a semicolon; 

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

8 and inserting a semicolon; and 

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

10 new clauses: 

11 ‘‘(iii) a public hospital that is prin12 cipally a psychiatric hospital (as defined in 

13 section 1861(f)); 

14 ‘‘(iv) a private hospital that is prin15 cipally a psychiatric hospital (as defined in 

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

17 percent of its patient volume (as estimated 

18 in accordance with a methodology estab19 lished by the Secretary) attributable to in20 dividuals receiving medical assistance 

21 under this title; 

22 ‘‘(v) a mental health treatment facility 

23 that has at least 10 percent of its patient 

24 volume (as estimated in accordance with a 

25 methodology established by the Secretary) 


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1 attributable to individuals receiving med2 ical assistance under this title; or 

3 ‘‘(vi) a substance abuse treatment fa4 cility that has at least 10 percent of its pa5 tient volume (as estimated in accordance 

6 with a methodology established by the Sec7 retary) attributable to individuals receiving 

8 medical assistance under this title.’’. 

9 (2) Paragraph (3)(B) is amended— 

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

11 the semicolon; 

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

13 and inserting a semicolon; and 

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

15 clauses: 

16 ‘‘(vi) clinical psychologist providing 

17 qualified psychologist services (as defined 

18 in section 1861(ii)), if such clinical psy19 chologist is practicing in an outpatient 

20 clinic that— 

21 ‘‘(I) is led by a clinical psycholo22 gist; and 

23 ‘‘(II) is not otherwise receiving 

24 payment under paragraph (1) as a 


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1 Medicaid provider described in para2 graph (2)(B); and 

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

4 in section 1861(hh)(1)), if such clinical so5 cial worker is practicing in an outpatient 

6 clinic that— 

7 ‘‘(I) is led by a clinical social 

8 worker; and 

9 ‘‘(II) is not otherwise receiving 

10 payment under paragraph (1) as a 

11 Medicaid provider described in para12 graph (2)(B).’’. 

Æ 


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