I 
117TH CONGRESS 
2D SESSION 
H. R. 8878 
To amend title XVIII of the Social Security Act to ensure adequate coverage 
of outpatient mental health services under the Medicare program. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2022 
Ms. CHU (for herself, Mr. PASCRELL, and Mr. SMITH of Nebraska) 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 com-
mittee concerned 
A BILL 
To amend title XVIII of the Social Security Act to ensure 
adequate coverage of outpatient mental health services 
under the Medicare program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ENSURING ADEQUATE COVERAGE OF OUT-
PATIENT MENTAL HEALTH SERVICES UNDER 
THE MEDICARE PROGRAM. 
(a) MODIFICATION OF DEFINITION OF PARTIAL HOS-
PITALIZATION SERVICES.—Section 1861(ff)(1) of the So-
cial Security Act (42 U.S.C. 1395x(ff)(1)) is amended by 
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inserting ‘‘for an individual determined (not less fre-
quently than monthly) by a physician to have a need for 
such services for a minimum of 20 hours per week’’ after 
‘‘prescribed by a physician’’. 
(b) COVERAGE OF INTENSIVE OUTPATIENT SERV-
ICES.— 
(1) SCOPE OF BENEFITS.— 
(A) COMMUNITY
MENTAL
HEALTH
CEN-
TERS.—Section 1832(a)(2)(J) of the Social Se-
curity Act (42 U.S.C. 1395k(a)(2)(J)) is 
amended by inserting ‘‘and intensive outpatient 
services’’ after ‘‘partial hospitalization serv-
ices’’. 
(B) 
INCIDENT-TO
SERVICES.—Section 
1861(s)(2)(B) is amended by inserting ‘‘or in-
tensive outpatient services’’ after ‘‘partial hos-
pitalization services’’. 
(2) DEFINITION.—Section 1861(ff) of the So-
cial Security Act (42 U.S.C. 1395x(ff)) is amend-
ed— 
(A) in the header, by inserting ‘‘; Intensive 
Outpatient Services’’ after ‘‘Partial Hospitaliza-
tion Services’’; and 
(B) by adding at the end the following new 
paragraph: 
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‘‘(4) The term ‘intensive outpatient services’ has the 
meaning given the term ‘partial hospitalization services’ 
in paragraph (1), except that— 
‘‘(A) section 1835(a)(2)(F)(i) shall not apply; 
‘‘(B) the reference in such paragraph to an in-
dividual ‘determined (not less frequently than 
monthly) by a physician to have a need for such 
services for a minimum of 20 hours per week’ shall 
be treated as a reference to an individual ‘deter-
mined (not less frequently than once every other 
month) by a physician to have a need for such serv-
ices for a minimum of 9 hours per week’; and 
‘‘(C) the reference to ‘a community mental 
health center (as defined in subparagraph (B))’ in 
paragraph (3) shall be treated as a reference to ‘a 
community mental health center (as defined in sub-
paragraph (B)), a Federally qualified health center, 
or a rural health clinic’.’’. 
(3) EXCLUSION FROM CALCULATION OF CER-
TAIN TREATMENT COSTS.—Section 1833(c)(2) of the 
Social Security Act (42 U.S.C. 1395l(c)(2)) is 
amended by inserting ‘‘or intensive outpatient serv-
ices’’ after ‘‘partial hospitalization services’’. 
(4) CONFORMING AMENDMENTS.— 
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