I 
111TH CONGRESS 
1ST SESSION H. R. 4373 
To amend title XVIII of the Social Security Act to stabilize and modernize 
the provision of partial hospitalization services under the Medicare Pro-
gram, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2009 
Mr. HASTINGS of Florida (for himself, Mr. MEEK of Florida, Mr. BARROW, 
Ms. JACKSON-LEE of Texas, Mr. STARK, and Mrs. NAPOLITANO) intro-
duced the following bill; which was referred to the Committee on Ways 
and Means, and in addition to the Committee on Energy and Commerce, 
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 stabilize 
and modernize the provision of partial hospitalization 
services under the Medicare Program, and for other pur-
poses. 
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 ‘‘Outpatient Mental 
Health Modernization Act of 2009’’. 
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SEC. 2. ALLOWABLE PARTIAL HOSPITALIZATION SERVICES. 
(a) IN GENERAL.—Section 1861(ff)(2) of the Social 
Security Act (42 U.S.C. 1395x(ff)(2)) is amended— 
(1) in subparagraph (H) by striking ‘‘, and’’ at 
the end; 
(2) by redesignating subparagraph (I) as sub-
paragraph (J); 
(3) in subparagraph (J), as redesignated by 
paragraph (2), by striking ‘‘(but in no event to in-
clude meals and transportation)’’; 
(4) by inserting after subparagraph (H) the fol-
lowing new subparagraph: 
‘‘(I) nutritional planning, meals, and trans-
portation, and’’; and 
(5) by adding at the end the following new sen-
tence: ‘‘The guidelines established under the pre-
ceding sentence shall not allow for nutritional plan-
ning, meals, and transportation to be considered as 
meeting the minimum number of services require-
ment in order to receive payment for such items and 
services.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to services furnished on or after 
January 1, 2011. 
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SEC. 3. BEHAVIORAL HEALTH ADVISORY COMMITTEE. 
(a) IN GENERAL.—Not later than January 1, 2011, 
the Secretary of Health and Human Services shall convene 
a Behavioral Health Advisory Committee (in this section 
referred to as the ‘‘Advisory Committee’’) composed of 
stakeholders in the behavioral health community. 
(b) DUTIES.—The Advisory Committee shall address 
issues relating to— 
(1) discrimination against the chronically men-
tally ill, elderly, and United States veterans as it re-
lates to receiving treatment for mental illness; 
(2) the establishment of conditions of participa-
tion for community mental health centers (as de-
fined in paragraph (3)(B) of section 1861(ff) of the 
Social Security Act (42 U.S.C. 1395x(ff)) that pro-
vide partial hospitalization services (as defined in 
paragraph (1) of such section) under the Medicare 
program under title XVIII of such Act; and 
(3) other matters to be determined jointly by 
the Secretary and the Advisory Committee. 
(c) IMPLEMENTATION.—Not later than January 1, 
2012, the Secretary of Health and Human Services, in 
consultation with the Advisory Committee, shall imple-
ment conditions of participation for community mental 
health centers (as so defined) that provide partial hos-
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pitalization services (as so defined) under the Medicare 
program under title XVIII of the Social Security Act. 
Æ 
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