Title: To amend title XI of the Social Security Act to require CMI testing of incentive payments for behavioral health providers and certain other providers for adoption and use of certified electronic health record technology, and for other purposes.
Policy area: Families

Summary:
This bill prohibits behavioral health providers from receiving Centers for Medicare & Medicaid Services Innovation Center incentive payments for testing certified electronic health record technology unless the provider has acquired health information systems that meet specified information technology standards and rules for interoperability and patient access.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7427 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7427

To amend title XI of the Social Security Act to require CMI testing of 
 incentive payments for behavioral health providers and certain other 
 providers for adoption and use of certified electronic health record 
                  technology, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2022

  Ms. Matsui (for herself, Mr. Mullin, Ms. Davids of Kansas, and Mr. 
    Estes) 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 committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title XI of the Social Security Act to require CMI testing of 
 incentive payments for behavioral health providers and certain other 
 providers for adoption and use of certified electronic health record 
                  technology, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIRING CMI TESTING OF INCENTIVE PAYMENTS FOR BEHAVIORAL 
              HEALTH PROVIDERS AND CERTAIN OTHER PROVIDERS FOR ADOPTION 
              AND USE OF CERTIFIED ELECTRONIC HEALTH RECORD TECHNOLOGY.

    (a) In General.--Section 1115A(b)(2) of the Social Security Act (42 
U.S.C. 1315a(b)(2)) is amended--
            (1) in subparagraph (A), by inserting ``, except that the 
        models selected under this subparagraph shall include the 
        models described in subparagraph (B)(xxv) (with policy 
        decisions regarding the scale of funding, number of behavioral 
        health provider participants, and the length of the 
        demonstration program to be determined by the Secretary)'' 
        after ``subparagraph (B)'';
            (2) in subparagraph (B)(xxv), by striking ``to improve 
        quality and coordination'' and inserting ``and implementing 
        interoperability projects provisions to improve the 
        integration, quality, and coordination pursuant to Section 4003 
        of the 21st Century Cures Act''; and
            (3) by adding at the end the following flush left matter:
                ``Behavioral health providers participating in models 
                authorized under clause (xxv) shall not be eligible for 
                health information technology incentive payments unless 
                these providers demonstrate (through a process 
                specified by the Secretary (such as the use of 
                attestation)) that they have acquired health 
                information systems that meet the 2015 Office of the 
                National Coordinator certification standards and that 
                such systems are fully compliant with regulations 
                specified in the Interoperability and Patient Access 
                Rule (42 C.F.R. 485; 45 C.F.R. 156).''.
    (b) Behavioral IT Standards Development.--In developing models 
described in section 1115A(b)(2)(B)(xxv) of the Social Security Act (42 
U.S.C. 1315a(b)(2)(B)(xxv)), the Secretary of Health and Human Services 
shall, acting through the Assistant Secretary for Mental Health and 
Substance Use and the Director of the Office of the National 
Coordinator for Health Information and in consultation with appropriate 
stakeholders, develop voluntary standards for behavioral health 
information technology that address issues such as privacy, minimum 
clinical data standards, and sharing relevant patient health data 
across the behavioral health care, primary health care, and specialty 
health care systems.
    (c) Funding.--Section 1115A(f)(1) of the Social Security Act (42 
U.S.C. 1315a(f)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) in addition to any amounts made available 
                under subparagraph (B), $250,000,000 for the period of 
                fiscal years 2023 through 2025 for purposes of carrying 
                out the model described in subsection 
                (b)(2)(B)(xxv).''.
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