I 
117TH CONGRESS 
2D SESSION 
H. R. 8890 
To amend title XVIII of the Social Security Act to establish exceptions 
for certain physician wellness programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2022 
Mr. RUIZ (for himself, Mr. BUCSHON, Mr. BEYER, and Mr. MURPHY of North 
Carolina) introduced the following bill; which was referred to the Com-
mittee 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 establish 
exceptions for certain physician wellness programs, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Physician Wellness 
Program Act of 2022’’. 
SEC. 2. EXCEPTION FOR PHYSICIAN WELLNESS PROGRAMS. 
(a) EXCEPTION
FOR PHYSICIAN WELLNESS PRO-
GRAMS.— 
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(1) IN GENERAL.—Section 1877(e) of the So-
cial Security Act (42 U.S.C. 1395nn(e)) is amended 
by adding at the end the following: 
‘‘(9) PHYSICIAN
WELLNESS
PROGRAMS.—A 
bona fide mental health or behavioral health im-
provement or maintenance program offered to a phy-
sician by an entity, if— 
‘‘(A) such program— 
‘‘(i) consists of counseling, mental 
health services, a suicide prevention pro-
gram, or a substance use disorder preven-
tion and treatment program; 
‘‘(ii) is made available to a physician 
for the primary purpose of preventing sui-
cide, improving mental health and resil-
iency, or providing training in appropriate 
strategies to promote the mental health 
and resiliency of such physician; 
‘‘(iii) is set out in a written policy, ap-
proved in advance of the operation of the 
program by the governing body of the enti-
ty providing such program, that includes— 
‘‘(I) a description of the content 
and duration of the program; 
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‘‘(II) a description of the evi-
dence-based support for the design of 
the program; 
‘‘(III) the estimated cost of the 
program; 
‘‘(IV) the personnel (including 
the qualifications of such personnel) 
implementing the program; and 
‘‘(V) the method by which such 
entity will evaluate the use and suc-
cess of the program; 
‘‘(iv) is offered by an entity with a 
formal medical staff to all physicians who 
practice in the geographic area served by 
such entity, including physicians who hold 
bona fide appointments to the medical 
staff of such entity or otherwise have clin-
ical privileges at such entity; 
‘‘(v) is offered to all such physicians 
on the same terms and conditions and 
without regard to the volume or value of 
referrals or other business generated by a 
physician for such entity; 
‘‘(vi) is evidence-based and conducted 
by a qualified health professional; and 
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‘‘(vii) meets such other requirements 
the Secretary may impose by regulation as 
needed to protect against program or pa-
tient abuse; 
‘‘(B) such entity is— 
‘‘(i) a hospital; 
‘‘(ii) an ambulatory surgical center; 
‘‘(iii) a community health center; 
‘‘(iv) a rural emergency hospital; 
‘‘(v) a rural health clinic; 
‘‘(vi) a skilled nursing facility; or 
‘‘(vii) a similar entity, as determined 
by the Secretary; and 
‘‘(C) neither the provision of such pro-
gram, nor the value of such program, are con-
tingent upon the number or value of referrals 
made by a physician to such entity.’’. 
(2) REGULATION.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Health and Human Services shall promulgate such 
regulations as are necessary to carry out the amend-
ment made by paragraph (1). 
(b) EXCEPTION UNDER THE ANTI-KICKBACK STAT-
UTE.—Section 1128B(b)(3) of the Social Security Act (42 
U.S.C. 1320a–7b(b)(3)) is amended— 
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(1) in subparagraph (J), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (K), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(L) a bona fide mental health or behavioral 
health improvement or maintenance program, if— 
‘‘(i) such program— 
‘‘(I) consists of counseling, mental 
health services, a suicide prevention pro-
gram, or a substance use disorder preven-
tion and treatment program; 
‘‘(II) is made available to a physician 
and other clinicians for the primary pur-
pose of preventing suicide, improving men-
tal health and resiliency, or providing 
training in appropriate strategies to pro-
mote the mental health and resiliency of 
such physician; 
‘‘(III) is set out in a written policy, 
approved in advance of the operation of 
the program by the governing body of the 
entity providing such program, that in-
cludes— 
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‘‘(aa) a description of the content 
and duration of the program; 
‘‘(bb) a description of the evi-
dence-based support for the design of 
the program; 
‘‘(cc) the estimated cost of the 
program; 
‘‘(dd) the personnel (including 
the qualifications of such personnel) 
implementing the program; and 
‘‘(ee) the method by which such 
entity will evaluate the use and suc-
cess of the program; 
‘‘(IV) is offered by an entity with a 
formal medical staff to all physicians and 
other clinicians who practice in the geo-
graphic area served by such entity, includ-
ing physicians who hold bona fide appoint-
ments to the medical staff of such entity or 
otherwise have clinical privileges at such 
entity; 
‘‘(V) is offered to all such physicians 
and clinicians on the same terms and con-
ditions and without regard to the volume 
or value of referrals or other business gen-
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erated by a physician or clinician for such 
entity; 
‘‘(VI) is evidence-based and conducted 
by a qualified health professional; and 
‘‘(VII) meets such other requirements 
the Secretary may impose by regulation as 
needed to protect against program or pa-
tient abuse; 
‘‘(ii) such entity is— 
‘‘(I) a hospital; 
‘‘(II) an ambulatory surgical center; 
‘‘(III) a community health center; 
‘‘(IV) a rural emergency hospital; 
‘‘(V) a skilled nursing facility; or 
‘‘(VI) any similar entity, as deter-
mined by the Secretary; and 
‘‘(iii) neither the provision of such pro-
gram, nor the value of such program, are con-
tingent upon the number or value of referrals 
made by a physician or other clinician to such 
entity.’’. 
Æ 
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