[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