I
107TH CONGRESS
2D SESSION
H. R. 3899
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 HOUSE OF REPRESENTATIVES
MARCH 7, 2002
Mr. CARSON of Oklahoma (for himself and Mrs. EMERSON) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod of time 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 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.
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 ‘‘Seniors Mental Health
Access Improvement Act of 2002’’.
SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST
SERVICES AND MENTAL HEALTH COUNSELOR
SERVICES UNDER PART B OF THE MEDICARE
PROGRAM.
(a) COVERAGE OF SERVICES.—
(1) IN
GENERAL.—Section 1861(s)(2) of the
Social Security Act (42 U.S.C. 1395x(s)(2)) is
amended—
(A) in subparagraph (U), by striking
‘‘and’’ after the semicolon at the end;
(B) in subparagraph (V)(iii), by inserting
‘‘and’’ after the semicolon at the end; and
(C) by adding at the end the following new
subparagraph:
‘‘(W) marriage and family therapist services (as
defined in subsection (ww)(1)) and mental health
counselor 
services 
(as 
defined 
in 
subsection
(ww)(3));’’.
(2) DEFINITIONS.—Section 1861 of such Act
(42 U.S.C. 1395x) is amended by adding at the end
the following new subsection:
‘‘Marriage and Family Therapist Services; Marriage and
Family Therapist; Mental Health Counselor Serv-
ices; Mental Health Counselor
‘‘(ww)(1) The term ‘marriage and family therapist
services’ means services performed by a marriage and
family therapist (as defined in paragraph (2)) for the diag-
nosis and treatment of mental illnesses, which the mar-
riage and family therapist is legally authorized to perform
under State law (or the State regulatory mechanism pro-
vided by State law) of the State in which such services
are performed, as would otherwise be covered if furnished
by a physician or as an incident to a physician’s profes-
sional service, but only if no facility or other provider
charges or is paid any amounts with respect to the fur-
nishing of such services.
‘‘(2) The term ‘marriage and family therapist’ means
an individual who—
‘‘(A) possesses a master’s or doctoral degree
which qualifies for licensure or certification as a
marriage and family therapist pursuant to State
law;
‘‘(B) after obtaining such degree has performed
at least 2 years of clinical supervised experience in
marriage and family therapy; and
‘‘(C) in the case of an individual performing
services in a State that provides for licensure or cer-
tification of marriage and family therapists, is li-
censed or certified as a marriage and family thera-
pist in such State.
‘‘(3) The term ‘mental health counselor services’
means services performed by a mental health counselor (as
defined in paragraph (2)) for the diagnosis and treatment
of mental illnesses which the mental health counselor is
legally authorized to perform under State law (or the
State regulatory mechanism provided by the State law) of
the State in which such services are performed, as would
otherwise be covered if furnished by a physician or as inci-
dent to a physician’s professional service, but only if no
facility or other provider charges or is paid any amounts
with respect to the furnishing of such services.
‘‘(4) The term ‘mental health counselor’ means an
individual who—
‘‘(A) possesses a master’s or doctor’s degree in
mental health counseling or a related field;
‘‘(B) after obtaining such a degree has per-
formed at least 2 years of supervised mental health
counselor practice; and
‘‘(C) in the case of an individual performing
services in a State that provides for licensure or cer-
tification of mental health counselors or professional
counselors, is licensed or certified as a mental health
counselor or professional counselor in such State.’’.
(3) PROVISION
FOR
PAYMENT
UNDER
PART
B.—Section 1832(a)(2)(B) of such Act (42 U.S.C.