US Codex
Bill
Notes

Improving Access to Mental Health Act of 2023

S. 838 · 118th Congress · Mar 16, 2023 · Lineage

A BILL

To amend title XVIII of the Social Security Act to improve access to mental health services under the Medicare program.

Section 1 Short title

This Act may be cited as the “Improving Access to Mental Health Act of 2023”.

Sec. 2 Improved access to mental health services under the Medicare program

(a)
Access to clinical social workers— Section 1833(a)(1)(F)(ii) of the Social Security Act (42 U.S.C. 1395l(a)(1)(F)(ii)) is amended by striking “75 percent of the amount determined for payment of a psychologist under clause (L)” and inserting “85 percent of the fee schedule amount provided under section 1848”.
(b)
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)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting “clinical social worker services,” after “qualified psychologist services,”.
(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”.
(c)
Access to the complete set 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 (b)(2), is amended—
(1)
by striking “for the diagnosis and treatment of mental illnesses (other than services” and inserting “, including services for the diagnosis and treatment of mental illnesses or services for health and behavior assessment and intervention (identified as of January 1, 2023, by HCPCS codes 96156, 96158–96161, 96164–96168, and 96170–96171 (and any succeeding codes)) but not including services”; and
(2)
by striking “inpatient of a hospital)” and inserting “inpatient of a hospital,”.
(d)
Effective date— The amendments made by this section shall apply to items and services furnished on or after January 1, 2024.