I 

118TH CONGRESS 

1ST SESSION H. R. 1638 

To amend title XVIII of the Social Security Act to improve access to mental 

health services under the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2023 

Ms. LEE of California (for herself, Mr. FITZPATRICK, Mr. POCAN, Ms. BLUNT

ROCHESTER, Ms. TOKUDA, Mr. TRONE, Ms. MCCOLLUM, Ms. SCHAKOWSKY, Mr. LYNCH, Mr. COHEN, Mr. GARCI ́A of Illinois, Mr. SMITH of 

Washington, Mrs. WATSON COLEMAN, Ms. SCANLON, Ms. KUSTER, Mr. 

CARTER of Louisiana, Ms. PORTER, Mr. TONKO, and Mr. GRIJALVA) 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 title XVIII of the Social Security Act to improve 

access to mental health services under the Medicare program. 

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 ‘‘Improving Access to 

5 Mental Health Act of 2023’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1638 IH

1 SEC. 2. IMPROVED ACCESS TO MENTAL HEALTH SERVICES 

2 UNDER THE MEDICARE PROGRAM. 

3 (a) ACCESS TO CLINICAL SOCIAL WORKERS.—Sec4 tion 1833(a)(1)(F)(ii) of the Social Security Act (42 

5 U.S.C. 1395l(a)(1)(F)(ii)) is amended by striking ‘‘75 

6 percent of the amount determined for payment of a psy7 chologist under clause (L)’’ and inserting ‘‘85 percent of 

8 the fee schedule amount provided under section 1848’’. 

9 (b) ACCESS TO CLINICAL SOCIAL WORKER SERVICES

10 PROVIDED TO RESIDENTS OF SKILLED NURSING FACILI11 TIES.— 

12 (1) EXCLUSION OF CLINICAL SOCIAL WORKER

13 SERVICES FROM THE SKILLED NURSING FACILITY

14 PROSPECTIVE PAYMENT SYSTEM.—Section 

15 1888(e)(2)(A)(ii) of the Social Security Act (42 

16 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting 

17 ‘‘clinical social worker services,’’ after ‘‘qualified psy18 chologist services,’’. 

19 (2) CONFORMING AMENDMENT.—Section 

20 1861(hh)(2) of the Social Security Act (42 U.S.C. 

21 1395x(hh)(2)) is amended by striking ‘‘and other 

22 than services furnished to an inpatient of a skilled 

23 nursing facility which the facility is required to pro24 vide as a requirement for participation’’. 

25 (c) ACCESS TO THE COMPLETE SET OF CLINICAL SO26 CIAL WORKER SERVICES.—Section 1861(hh)(2) of the SoVerDate Sep 11 2014 22:52 Mar 29, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1638.IH H1638

kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 1638 IH

1 cial Security Act (42 U.S.C. 1395x(hh)(2)), as amended 

2 by subsection (b)(2), is amended— 

3 (1) by striking ‘‘for the diagnosis and treatment 

4 of mental illnesses (other than services’’ and insert5 ing ‘‘, including services for the diagnosis and treat6 ment of mental illnesses or services for health and 

7 behavior assessment and intervention (identified as 

8 of January 1, 2023, by HCPCS codes 96156, 

9 96158–96161, 96164–96168, and 96170–96171 

10 (and any succeeding codes)) but not including serv11 ices’’; and 

12 (2) by striking ‘‘inpatient of a hospital)’’ and 

13 inserting ‘‘inpatient of a hospital,’’. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to items and services furnished on 

16 or after January 1, 2024. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS