I 
112TH CONGRESS 
2D SESSION 
H. R. 5989 
To increase access to community behavioral health services for all Americans 
and to improve Medicaid reimbursement for community behavioral health 
services. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2012 
Ms. MATSUI (for herself and Mr. ENGEL) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To increase access to community behavioral health services 
for all Americans and to improve Medicaid reimburse-
ment for community behavioral health services. 
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 ‘‘Excellence in Mental 
Health Act’’. 
SEC. 2. ESTABLISHING COMMUNITY BEHAVIORAL HEALTH 
CENTERS. 
Section 1913 of the Public Health Service Act (42 
U.S.C. 300x–2) is amended— 
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(1) in subsection (a)(2)(A), by striking ‘‘com-
munity mental health services’’ and inserting ‘‘be-
havioral health services (of the type offered by feder-
ally qualified community behavioral health centers 
consistent with subsection (c)(3))’’; 
(2) in subsection (b)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) services under the plan will be provided 
only through appropriate, qualified community pro-
grams (which may include federally qualified com-
munity behavioral health centers, child mental 
health programs, psychosocial rehabilitation pro-
grams, mental health peer-support programs, out-
patient addiction treatment programs, acute detoxi-
fication services, and mental health primary con-
sumer-directed programs); and’’; and 
(B) in paragraph (2), by striking ‘‘commu-
nity mental health centers’’ and inserting ‘‘fed-
erally qualified community behavioral health 
centers’’; and 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) CRITERIA FOR FEDERALLY QUALIFIED COMMU-
NITY BEHAVIORAL HEALTH CENTERS.— 
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‘‘(1) IN
GENERAL.—The Administrator shall 
certify, and recertify at least every 5 years, federally 
qualified community behavioral health centers as 
meeting the criteria specified in this subsection. 
‘‘(2) REGULATIONS.—Not later than 18 months 
after the date of the enactment of the Excellence in 
Mental Health Act, the Administrator, in consulta-
tion with State Mental Health and Substance Abuse 
Authorities, shall issue final regulations for certi-
fying non-profit or local government centers as cen-
ters under paragraph (1). 
‘‘(3) CRITERIA.—The criteria referred to in 
subsection (b)(2) are that the center performs each 
of the following: 
‘‘(A) Provide services in locations that en-
sure services will be available and accessible 
promptly and in a manner which preserves 
human dignity and assures continuity of care. 
‘‘(B) Provide services in a mode of service 
delivery appropriate for the target population. 
‘‘(C) Provide individuals with a choice of 
service options where there is more than one ef-
ficacious treatment. 
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‘‘(D) Employ a core staff of clinical staff 
that is multidisciplinary and culturally and lin-
guistically competent. 
‘‘(E) Provide services, within the limits of 
the capacities of the center, to any individual 
residing or employed in the service area of the 
center, regardless of the ability of the individual 
to pay. 
‘‘(F) Provide, directly or through contract, 
to the extent covered for adults in the State 
Medicaid plan under title XIX of the Social Se-
curity Act and for children in accordance with 
section 1905(r) of such Act regarding early and 
periodic screening, diagnosis, and treatment, 
each of the following services: 
‘‘(i) Screening, assessment, and diag-
nosis, including risk assessment. 
‘‘(ii) Person-centered treatment plan-
ning or similar processes, including risk as-
sessment and crisis planning. 
‘‘(iii) Outpatient mental health and 
substance use services, including screening, 
assessment, 
diagnosis, 
psychotherapy, 
medication management, and integrated 
treatment for mental illness and substance 
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abuse which shall be evidence-based (in-
cluding cognitive behavioral therapy and 
other such therapies which are evidence- 
based). 
‘‘(iv) Outpatient clinic primary care 
screening and monitoring of key health in-
dicators and health risk (including screen-
ing for diabetes, hypertension, and cardio-
vascular disease and monitoring of weight, 
height, body mass index (BMI), blood pres-
sure, blood glucose or HbA1C, and lipid 
profile). 
‘‘(v) Crisis mental health services, in-
cluding 24-hour mobile crisis teams, emer-
gency crisis intervention services, and cri-
sis stabilization. 
‘‘(vi) 
Targeted 
case 
management 
(services to assist individuals gaining ac-
cess to needed medical, social, educational, 
and other services and applying for income 
security and other benefits to which they 
may be entitled). 
‘‘(vii) Psychiatric rehabilitation serv-
ices including skills training, assertive com-
munity treatment, family psychoeducation, 
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disability self-management, supported em-
ployment, 
supported 
housing 
services, 
therapeutic foster care services, and such 
other evidence-based practices as the Sec-
retary may require. 
‘‘(viii) Peer support and counselor 
services and family supports. 
‘‘(G) Maintain linkages, and where possible 
enter into formal contracts with the following: 
‘‘(i) Federally qualified health centers. 
‘‘(ii) Inpatient psychiatric facilities 
and substance use detoxification, post-de-
toxification step-down services, and resi-
dential programs. 
‘‘(iii) Adult and youth peer support 
and counselor services. 
‘‘(iv) Family support services for fam-
ilies of children with serious mental or sub-
stance use disorders. 
‘‘(v) Other community or regional 
services, supports, and providers, including 
schools, child welfare agencies, juvenile and 
criminal justice agencies and facilities, 
housing agencies and programs, employers, 
and other social services. 
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‘‘(vi) Onsite or offsite access to pri-
mary care services. 
‘‘(vii) Enabling services, including 
outreach, transportation, and translation. 
‘‘(viii) Health and wellness services, 
including services for tobacco cessation. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall be construed as prohibiting 
States receiving funds appropriated through the 
Community Mental Health Services Block Grant 
under subpart I of part B of this title from financ-
ing qualified community programs (whether such 
programs meet the definition of eligible programs 
prior to or after the date of enactment of this sub-
section). 
‘‘(5) LIMITATION.—With respect to federally 
qualified behavioral health centers authorized under 
this subsection, 20 percent of the total number of 
such centers shall become newly eligible to receive 
reimbursement under this section in each of the first 
5 years after the initial year of eligibility through 
fiscal year 2022. In implementing this paragraph, 
the Secretary shall ensure geographic diversity of 
such sites, take into account the ability of such sites 
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to provide required services, and the ability of such 
sites to report required data.’’. 
SEC. 3. MEDICAID COVERAGE AND PAYMENT FOR COMMU-
NITY BEHAVIORAL HEALTH CENTER SERV-
ICES. 
(a) PAYMENT FOR SERVICES PROVIDED BY FEDER-
ALLY
QUALIFIED
COMMUNITY
BEHAVIORAL
HEALTH 
CENTERS.—Section 1902(bb) of the Social Security Act 
(42 U.S.C. 1396a(bb)) is amended— 
(1) in the heading, by striking ‘‘AND RURAL 
HEALTH CLINICS’’ and inserting ‘‘, FEDERALLY 
QUALIFIED
COMMUNITY
BEHAVIORAL
HEALTH 
CENTERS, AND RURAL HEALTH CLINICS’’; 
(2) in paragraph (1), by inserting ‘‘(and begin-
ning with fiscal year 2013 with respect to services 
furnished on or after January 1, 2013, and each 
succeeding fiscal year, for services described in sec-
tion 1905(a)(2)(D) furnished by a federally qualified 
community behavioral health center)’’ after ‘‘by a 
rural health clinic’’; 
(3) in paragraph (2)— 
(A) by striking the heading and inserting 
‘‘INITIAL FISCAL YEAR’’; 
(B) by inserting ‘‘(or, in the case of serv-
ices described in section 1905(a)(2)(D) fur-
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helps the State in accomplishing its goals and 
objectives under the Community Mental Health 
Services Block Grant under subpart I of part B 
of title XIX and the Substance Abuse Preven-
tion and Treatment Block Grant under subpart 
II of such part; 
‘‘(F) includes assurances that the facilities 
will be used for a period of not less than 10 
years for the provision of community-based 
mental health or substance abuse services for 
those who cannot pay for such services, subject 
to subsection (e); and 
‘‘(G) in the case of a facility that is not a 
public facility, includes the name and executive 
director of the entity who will provide services 
in the facility; and 
‘‘(2) with respect to each construction or mod-
ernization project described in the application— 
‘‘(A) a description of the site for the 
project; 
‘‘(B) plans and specifications for the 
project and State or tribal approval for the 
plans and specifications; 
‘‘(C) assurance that the title for the site is 
or will be vested with either the public entity or 
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