II 

109TH CONGRESS 

1ST SESSION S. 784 

To amend title XVIII of the Social Security Act to provide for the coverage 

of marriage and family therapist services and mental health counselor 

services under part B of the medicare program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2005 

Mr. THOMAS (for himself and Mrs. LINCOLN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL

To amend title XVIII of the Social Security Act to provide 

for the coverage of marriage and family therapist services 

and mental health counselor services under part B of 

the medicare program, 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 ‘‘Seniors Mental Health 

5 Access Improvement Act of 2005’’. 
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1 SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST 

2 SERVICES AND MENTAL HEALTH COUNSELOR 

3 SERVICES UNDER PART B OF THE MEDICARE 

4 PROGRAM. 

5 (a) COVERAGE OF SERVICES.— 

6 (1) IN GENERAL.—Section 1861(s)(2) of the 

7 Social Security Act (42 U.S.C. 1395x(s)(2)) is 

8 amended— 

9 (A) in subparagraph (Y), by striking 

10 ‘‘and’’ after the semicolon at the end; 

11 (B) in subparagraph (Z), by inserting 

12 ‘‘and’’ after the semicolon at the end; and 

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

14 subparagraph: 

15 ‘‘(AA) marriage and family therapist services 

16 (as defined in subsection (bbb)(1)) and mental 

17 health counselor services (as defined in subsection 

18 (bbb)(3));’’. 

19 (2) DEFINITIONS.—Section 1861 of the Social 

20 Security Act (42 U.S.C. 1395x) is amended by add21 ing at the end the following new subsection: 

22 ‘‘Marriage and Family Therapist Services; Marriage and 

23 Family Therapist; Mental Health Counselor Serv24 ices; Mental Health Counselor 

25 ‘‘(bbb)(1) The term ‘marriage and family therapist 

26 services’ means services performed by a marriage and 
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1 family therapist (as defined in paragraph (2)) for the diag2 nosis and treatment of mental illnesses, which the mar3 riage and family therapist is legally authorized to perform 

4 under State law (or the State regulatory mechanism pro5 vided by State law) of the State in which such services 

6 are performed, as would otherwise be covered if furnished 

7 by a physician or as an incident to a physician’s profes8 sional service, but only if no facility or other provider 

9 charges or is paid any amounts with respect to the fur10 nishing of such services. 

11 ‘‘(2) The term ‘marriage and family therapist’ means 

12 an individual who— 

13 ‘‘(A) possesses a master’s or doctoral degree 

14 which qualifies for licensure or certification as a 

15 marriage and family therapist pursuant to State 

16 law; 

17 ‘‘(B) after obtaining such degree has performed 

18 at least 2 years of clinical supervised experience in 

19 marriage and family therapy; and 

20 ‘‘(C) in the case of an individual performing 

21 services in a State that provides for licensure or cer22 tification of marriage and family therapists, is li23 censed or certified as a marriage and family thera24 pist in such State. 
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1 ‘‘(3) The term ‘mental health counselor services’ 

2 means services performed by a mental health counselor (as 

3 defined in paragraph (4)) for the diagnosis and treatment 

4 of mental illnesses which the mental health counselor is 

5 legally authorized to perform under State law (or the 

6 State regulatory mechanism provided by the State law) of 

7 the State in which such services are performed, as would 

8 otherwise be covered if furnished by a physician or as inci9 dent to a physician’s professional service, but only if no 

10 facility or other provider charges or is paid any amounts 

11 with respect to the furnishing of such services. 

12 ‘‘(4) The term ‘mental health counselor’ means an 

13 individual who— 

14 ‘‘(A) possesses a master’s or doctor’s degree in 

15 mental health counseling or a related field; 

16 ‘‘(B) after obtaining such a degree has per17 formed at least 2 years of supervised mental health 

18 counselor practice; and 

19 ‘‘(C) in the case of an individual performing 

20 services in a State that provides for licensure or cer21 tification of mental health counselors or professional 

22 counselors, is licensed or certified as a mental health 

23 counselor or professional counselor in such State.’’. 

24 (3) PROVISION FOR PAYMENT UNDER PART

25 B.—Section 1832(a)(2)(B) of the Social Security 
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1 Act (42 U.S.C. 1395k(a)(2)(B)) is amended by add2 ing at the end the following new clause: 

3 ‘‘(v) marriage and family therapist 

4 services and mental health counselor serv5 ices;’’. 

6 (4) AMOUNT OF PAYMENT.—Section 1833(a)(1) 

7 of the Social Security Act (42 U.S.C. 1395l(a)(1)) 

8 is amended— 

9 (A) by striking ‘‘and (V)’’ and inserting 

10 ‘‘(V)’’; and 

11 (B) by inserting before the semicolon at 

12 the end the following: ‘‘, and (W) with respect 

13 to marriage and family therapist services and 

14 mental health counselor services under section 

15 1861(s)(2)(AA), the amounts paid shall be 80 

16 percent of the lesser of the actual charge for 

17 the services or 75 percent of the amount deter18 mined for payment of a psychologist under sub19 paragraph (L)’’. 

20 (5) EXCLUSION OF MARRIAGE AND FAMILY

21 THERAPIST SERVICES AND MENTAL HEALTH COUN22 SELOR SERVICES FROM SKILLED NURSING FACILITY

23 PROSPECTIVE PAYMENT SYSTEM.—Section 

24 1888(e)(2)(A)(ii) of the Social Security Act (42 

25 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting 
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1 ‘‘marriage and family therapist services (as defined 

2 in section 1861(bbb)(1)), mental health counselor 

3 services (as defined in section 1861(bbb)(3)),’’ after 

4 ‘‘qualified psychologist services,’’. 

5 (6) INCLUSION OF MARRIAGE AND FAMILY

6 THERAPISTS AND MENTAL HEALTH COUNSELORS AS

7 PRACTITIONERS FOR ASSIGNMENT OF CLAIMS.—Sec8 tion 1842(b)(18)(C) of the Social Security Act (42 

9 U.S.C. 1395u(b)(18)(C)) is amended by adding at 

10 the end the following new clauses: 

11 ‘‘(vii) A marriage and family therapist (as de12 fined in section 1861(bbb)(2)). 

13 ‘‘(viii) A mental health counselor (as defined in 

14 section 1861(bbb)(4)).’’. 

15 (b) COVERAGE OF CERTAIN MENTAL HEALTH SERV16 ICES PROVIDED IN CERTAIN SETTINGS.— 

17 (1) RURAL HEALTH CLINICS AND FEDERALLY

18 QUALIFIED HEALTH CENTERS.—Section 

19 1861(aa)(1)(B) of the Social Security Act (42 

20 U.S.C. 1395x(aa)(1)(B)) is amended by striking ‘‘or 

21 by a clinical social worker (as defined in subsection 

22 (hh)(1)),’’ and inserting ‘‘, by a clinical social worker 

23 (as defined in subsection (hh)(1)), by a marriage 

24 and family therapist (as defined in subsection 
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1 (bbb)(2)), or by a mental health counselor (as de2 fined in subsection (bbb)(4)),’’. 

3 (2) HOSPICE PROGRAMS.—Section 

4 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 

5 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by in6 serting ‘‘or one marriage and family therapist (as 

7 defined in subsection (bbb)(2))’’ after ‘‘social work8 er’’. 

9 (c) AUTHORIZATION OF MARRIAGE AND FAMILY

10 THERAPISTS TO DEVELOP DISCHARGE PLANS FOR POST11 HOSPITAL SERVICES.—Section 1861(ee)(2)(G) of the So12 cial Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended 

13 by inserting ‘‘marriage and family therapist (as defined 

14 in subsection (bbb)(2)),’’ after ‘‘social worker,’’. 

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

16 this section shall apply with respect to services furnished 

17 on or after January 1, 2006.

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