[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3430 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 265
118th CONGRESS
  1st Session
                                S. 3430

                          [Report No. 118-121]

To amend titles XVIII and XIX of the Social Security Act to expand the 
  mental health care workforce and services, reduce prescription drug 
   costs, and extend certain expiring provisions under Medicare and 
                   Medicaid, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2023

   Mr. Wyden, from the Committee on Finance, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To amend titles XVIII and XIX of the Social Security Act to expand the 
  mental health care workforce and services, reduce prescription drug 
   costs, and extend certain expiring provisions under Medicare and 
                   Medicaid, 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Better Mental 
Health Care, Lower-Cost Drugs, and Extenders Act of 2023''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--EXPANDING MENTAL HEALTH CARE WORKFORCE AND SERVICES UNDER 
                         MEDICARE AND MEDICAID

Sec. 101. Expanding eligibility for incentives under the Medicare 
                            health professional shortage area bonus 
                            program to practitioners furnishing mental 
                            health and substance use disorder services.
Sec. 102. Improved access to mental health services under the Medicare 
                            program.
Sec. 103. Clarifying coverage of occupational therapy under the 
                            Medicare program.
Sec. 104. Medicare incentives for behavioral health integration with 
                            primary care.
Sec. 105. Establishment of Medicare incident to modifier for mental 
                            health services furnished through 
                            telehealth.
Sec. 106. Guidance on furnishing behavioral health services via 
                            telehealth to individuals with limited 
                            English proficiency under Medicare program.
Sec. 107. Ensuring timely communication regarding telehealth and 
                            interstate licensure requirements.
Sec. 108. Facilitating accessibility for behavioral health services 
                            furnished through telehealth.
Sec. 109. Requiring Enhanced & Accurate Lists of (REAL) Health 
                            Providers Act.
Sec. 110. Guidance to States on strategies under Medicaid and CHIP to 
                            increase mental health and substance use 
                            disorder care provider capacity.
Sec. 111. Guidance to States on supporting mental health services and 
                            substance use disorder care for children 
                            and youth.
Sec. 112. Recurring analysis and publication of Medicaid health care 
                            data related to mental health services.
Sec. 113. Guidance to States on supporting mental health services or 
                            substance use disorder care integration 
                            with primary care in Medicaid and CHIP.
Sec. 114. Medicaid State option relating to inmates with a substance 
                            use disorder pending disposition of 
                            charges.
Sec. 115. Definition of Certified Community Behavioral Health Clinic 
                            Services under Medicaid.
 TITLE II--REDUCING PRESCRIPTION DRUG COSTS UNDER MEDICARE AND MEDICAID

Sec. 201. Assuring pharmacy access and choice for Medicare 
                            beneficiaries.
Sec. 202. Ensuring accurate payments to pharmacies under Medicaid.
Sec. 203. Protecting seniors from excessive cost-sharing for certain 
                            medicines.
                TITLE III--MEDICAID EXPIRING PROVISIONS

Sec. 301. Delaying certain disproportionate share hospital payment 
                            reductions under the Medicaid program.
Sec. 302. Extension of State option to provide medical assistance for 
                            certain individuals who are patients in 
                            certain institutions for mental diseases.
  TITLE IV--MEDICARE EXPIRING PROVISIONS AND PROVIDER PAYMENT CHANGES

Sec. 401. Extension of funding for quality measure endorsement, input, 
                            and selection.
Sec. 402. Extension of funding outreach and assistance for low-income 
                            programs.
Sec. 403. Extension of the work geographic index floor under the 
                            Medicare program.
Sec. 404. Extending incentive payments for participation in eligible 
                            alternative payment models.
Sec. 405. Payment rates for durable medical equipment under the 
                            Medicare Program.
Sec. 406. Extending the independence at home medical practice 
                            demonstration program under the Medicare 
                            program.
Sec. 407. Increase in support for physicians and other professionals in 
                            adjusting to Medicare payment changes.
Sec. 408. Revised phase-in of Medicare clinical laboratory test payment 
                            changes.
Sec. 409. Extension of adjustment to calculation of hospice cap amount 
                            under Medicare.
                            TITLE V--OFFSETS

Sec. 501. Medicaid Improvement Fund.
Sec. 502. Medicare Improvement Fund.

  TITLE I--EXPANDING MENTAL HEALTH CARE WORKFORCE AND SERVICES UNDER 
                         MEDICARE AND MEDICAID

SEC. 101. EXPANDING ELIGIBILITY FOR INCENTIVES UNDER THE MEDICARE 
              HEALTH PROFESSIONAL SHORTAGE AREA BONUS PROGRAM TO 
              PRACTITIONERS FURNISHING MENTAL HEALTH AND SUBSTANCE USE 
              DISORDER SERVICES.

    Section 1833(m) of the Social Security Act (42 U.S.C. 1395l(m)) is 
amended--
            (1) by striking paragraph (1) and inserting the following 
        new paragraph:
    ``(1) In the case of--
            ``(A) physicians' services (other than specified health 
        services that are eligible for the additional payment under 
        subparagraph (B)) furnished in a year to an individual, who is 
        covered under the insurance program established by this part 
        and who incurs expenses for such services, in an area that is 
        designated (under section 332(a)(1)(A) of the Public Health 
        Service Act) as a health professional shortage area as 
        identified by the Secretary prior to the beginning of such 
        year, in addition to the amount otherwise paid under this part, 
        there also shall be paid to the physician (or to an employer or 
        facility in the cases described in clause (A) of section 
        1842(b)(6)) (on a monthly or quarterly basis) from the Federal 
        Supplementary Medical Insurance Trust Fund an amount equal to 
        10 percent of the payment amount for the service under this 
        part; and
            ``(B) specified health services (as defined in paragraph 
        (5)) furnished in a year to an individual, who is covered under 
        the insurance program established by this part and who incurs 
        expenses for such services, in an area that is designated 
        (under such section 332(a)(1)(A)) as a mental health 
        professional shortage area as identified by the Secretary prior 
        to the beginning of such year, in addition to the amount 
        otherwise paid under this part, there also shall be paid to the 
        physician or applicable practitioner (as defined in paragraph 
        (6)) (or to an employer or facility in the cases described in 
        clause (A) of section 1842(b)(6)) (on a monthly or quarterly 
        basis) from such Trust Fund an amount equal to 15 percent of 
        the payment amount for the service under this part.'';
            (2) in paragraph (2)--
                    (A) by striking ``in paragraph (1)'' and inserting 
                ``in subparagraph (A) or (B) of paragraph (1)'';
                    (B) by inserting ``or, in the case of specified 
                health services, the physician or applicable 
                practitioner'' after ``physician'';
            (3) in paragraph (3), by striking ``in paragraph (1)'' and 
        inserting ``in subparagraph (A) or (B) of paragraph (1)'';
            (4) in paragraph (4)--
                    (A) in subparagraph (B), by inserting ``or 
                applicable practitioner'' after ``physician''; and
                    (B) in subparagraph (C), by inserting ``or 
                applicable practitioner'' after ``physician''; and
            (5) by adding at the end the following new paragraphs:
    ``(5) In this subsection, the term `specified health services' 
means services otherwise covered under this part that are furnished on 
or after January 1, 2026, by a physician or an applicable practitioner 
to an individual--
            ``(A) for purposes of diagnosis, evaluation, or treatment 
        of a mental health disorder, as determined by the Secretary; or
            ``(B) with a substance use disorder diagnosis for purposes 
        of treatment of such disorder or co-occurring mental health 
        disorder, as determined by the Secretary.
    ``(6) In this subsection, the term `applicable practitioner' means 
the following:
            ``(A) A physician assistant, nurse practitioner, or 
        clinical nurse specialist (as defined in section 1861(aa)(5)).
            ``(B) A clinical social worker (as defined in section 
        1861(hh)(1)).
            ``(C) A clinical psychologist (as defined by the Secretary 
        for purposes of section 1861(ii)).
            ``(D) A marriage and family therapist (as defined in 
        section 1861(lll)(2)).
            ``(E) A mental health counselor (as defined in section 
        1861(lll)(4)).''.

SEC. 102. IMPROVED ACCESS TO MENTAL HEALTH SERVICES UNDER THE MEDICARE 
              PROGRAM.

    (a) Access to Clinical Social Worker Services Provided to Residents 
of Skilled Nursing Facilities.--
            (1) Exclusion of clinical social worker services from the 
        skilled nursing facility prospective payment system.--Section 
        1888(e)(2)(A)(iii) of the Social Security Act (42 U.S.C. 
        1395yy(e)(2)(A)(iii)) is amended by adding at the end the 
        following new subclause:
                                    ``(VII) Clinical social worker 
                                services (as defined in section 
                                1861(hh)(2)).''.
            (2) Conforming amendment.--Section 1861(hh)(2) of the 
        Social Security Act (42 U.S.C. 1395x(hh)(2)) is amended by 
        striking ``and other than services furnished to an inpatient of 
        a skilled nursing facility which the facility is required to 
        provide as a requirement for participation''.
    (b) Access to the Complete Scope of Clinical Social Worker 
Services.--Section 1861(hh)(2) of the Social Security Act (42 U.S.C. 
1395x(hh)(2)), as amended by subsection (a)(2), is amended by striking 
``for the diagnosis and treatment of mental illnesses (other than 
services furnished to an inpatient of a hospital)'' and inserting ``, 
including services for the diagnosis and treatment of mental illnesses 
or services for health behavior assessment and intervention (identified 
as of January 1, 2023, by HCPCS codes 96160 and 96161 (and any 
succeeding codes)), but not including services furnished to an 
inpatient of a hospital,''.
    (c) Effective Date.--The amendments made by this section shall 
apply to items and services furnished on or after January 1, 2026.

SEC. 103. CLARIFYING COVERAGE OF OCCUPATIONAL THERAPY UNDER THE 
              MEDICARE PROGRAM.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services shall use existing communication 
mechanisms to provide education and outreach to stakeholders about the 
Medicare Benefit Policy Manual with respect to occupational therapy 
services furnished to individuals under the Medicare program for the 
treatment of a substance use or mental health disorder diagnosis using 
applicable Healthcare Common Procedure Coding System (HCPCS) codes.

SEC. 104. MEDICARE INCENTIVES FOR BEHAVIORAL HEALTH INTEGRATION WITH 
              PRIMARY CARE.

    (a) Incentives.--
            (1) In general.--Section 1848(b) of the Social Security Act 
        (42 U.S.C. 1395w-4(b)) is amended by adding at the end the 
        following new paragraph:
            ``(13) Incentives for behavioral health integration.--
                    ``(A) In general.--For services described in 
                subparagraph (B) that are furnished during 2026, 2027, 
                or 2028, instead of the payment amount that would 
                otherwise be determined under this section for such 
                year, the payment amount shall be equal to the 
                applicable percent (as defined in subparagraph (C)) of 
                such payment amount for such year.
                    ``(B) Services described.--The services described 
                in this subparagraph are services identified, as of 
                January 1, 2023, by HCPCS codes 99484, 99492, 99493, 
                99494, and G2214 (and any successor or similar codes as 
                determined appropriate by the Secretary).
                    ``(C) Applicable percent.--In this paragraph, the 
                term `applicable percent' means, with respect to a 
                service described in subparagraph (A), the following:
                            ``(i) For services furnished during 2026 , 
                        175 percent.
                            ``(ii) For services furnished during 2027, 
                        150 percent.
                            ``(iii) For services furnished during 2028, 
                        125 percent.''.
            (2) Waiver of budget neutrality.--Section 1848(c)(2)(B)(iv) 
        of such Act (42 U.S.C. 1395w-4(c)(2)(B)(iv)) is amended--
                    (A) in subclause (V), by striking ``and'' at the 
                end;
                    (B) in subclause (VI), by striking the period at 
                the end and inserting ``; and'' and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(VII) the increase in payment 
                                amounts as a result of the application 
                                of subsection (b)(13) shall not be 
                                taken into account in applying clause 
                                (ii)(II) for 2026, 2027, or 2028.''.
    (b) Technical Assistance for the Adoption of Behavioral Health 
Integration.--
            (1) In general.--Not later than January 1, 2025, the 
        Secretary of Health and Human Services (in this subsection 
        referred to as the ``Secretary'') shall enter into contracts or 
        agreements with appropriate entities to offer technical 
        assistance to primary care practices that are seeking to adopt 
        behavioral health integration models in such practices.
            (2) Behavioral health integration models.--For purposes of 
        paragraph (1), behavioral health integration models include the 
        Collaborative Care Model (with services identified as of 
        January 1, 2023, by HCPCS codes 99492, 99493, 99494, and G2214 
        (and any successor codes)), the Primary Care Behavioral Health 
        model (with services identified as of January 1, 2023, by HCPCS 
        code 99484 (and any successor code)), and other models 
        identified by the Secretary.
            (3) Implementation.--Notwithstanding any other provision of 
        law, the Secretary may implement the provisions of this 
        subsection by program instruction or otherwise.
            (4) Funding.--In addition to amounts otherwise available, 
        there is appropriated to the Secretary for fiscal year 2024, 
        out of any money in the Treasury not otherwise appropriated, 
        $5,000,000, to remain available until expended, for purposes of 
        carrying out this subsection.

SEC. 105. ESTABLISHMENT OF MEDICARE INCIDENT TO MODIFIER FOR MENTAL 
              HEALTH SERVICES FURNISHED THROUGH TELEHEALTH.

    Section 1834(m)(7) of the Social Security Act (42 U.S.C. 
1395m(m)(7)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Establishment of incident to modifier for 
                mental health services furnished through telehealth.--
                Not later than 2 years after the date of the enactment 
                of this subparagraph, the Secretary shall establish 
                requirements to include a code or modifier, as 
                determined appropriate by the Secretary, on claims for 
                mental health services furnished through telehealth 
                under this paragraph that are furnished by auxiliary 
                personnel (as defined in section 410.26(a)(1) of title 
                42, Code of Federal Regulations, or any successor 
                regulation) and billed incident to a physician or 
                practitioner's professional services.''.

SEC. 106. GUIDANCE ON FURNISHING BEHAVIORAL HEALTH SERVICES VIA 
              TELEHEALTH TO INDIVIDUALS WITH LIMITED ENGLISH 
              PROFICIENCY UNDER MEDICARE PROGRAM.

    Not later than 1 year after the date of the enactment of this 
section, the Secretary of Health and Human Services shall issue and 
disseminate, or update and revise as applicable, guidance on the 
following:
            (1) Best practices for providers to work with interpreters 
        to furnish behavioral health services via video-based and 
        audio-only telehealth, when video-based telehealth is not an 
        option.
            (2) Best practices on integrating the use of video 
        platforms that enable multi-person video calls into behavioral 
        health services furnished via telehealth.
            (3) Best practices on teaching patients, especially those 
        with limited English proficiency, to use video-based telehealth 
        platforms.
            (4) Best practices for providing patient materials, 
        communications, and instructions in multiple languages, 
        including text message appointment reminders and prescription 
        information.

SEC. 107. ENSURING TIMELY COMMUNICATION REGARDING TELEHEALTH AND 
              INTERSTATE LICENSURE REQUIREMENTS.

    The Secretary of Health and Human Services shall provide 
information--
            (1) on licensure requirements for furnishing telehealth 
        services under titles XVIII and XIX of the Social Security Act 
        (42 U.S.C. 1395 et seq.; 1396 et seq.); and
            (2) clarifying the extent to which licenses through an 
        interstate license compact pathway can qualify as valid and 
        full