[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5116 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5116
To amend the Public Health Service Act to extend health information
technology assistance eligibility to behavioral health, mental health,
and substance abuse professionals and facilities, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 2023
Ms. Matsui (for herself, Mr. Johnson of Ohio, Ms. Davids of Kansas, and
Mr. Estes) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to extend health information
technology assistance eligibility to behavioral health, mental health,
and substance abuse professionals and facilities, 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.
This Act may be cited as the ``Behavioral Health Information
Technology Coordination Act''.
SEC. 2. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY GRANTS.
Subtitle B of title XXX of the Public Health Service Act (42 U.S.C.
300jj-31 et seq.) is amended by adding at the end the following:
``SEC. 3019. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY GRANTS.
``(a) Grants.--
``(1) In general.--The National Coordinator shall award
grants to eligible behavioral health care providers to promote
behavioral health integration and improve care coordination for
persons with mental health and substance use disorders.
``(2) NOFO.--Not later than 18 months after the date of
enactment of the Behavioral Health Information Technology
Coordination Act, the National Coordinator shall publish a
Notice of Funding Opportunity for the grants described in
paragraph (1).
``(b) Geographic Distribution.--In making grants under subsection
(a), the National Coordinator shall--
``(1) to the maximum extent practicable, ensure an
equitable geographical distribution of grant recipients
throughout the United States; and
``(2) give due consideration to applicants from both urban
and rural areas.
``(c) Eligible Providers.--To be eligible to receive a grant under
subsection (a), a behavioral health care provider shall be--
``(1) a physician (as defined in section 1861(r)(1) of the
Social Security Act) who specializes in psychiatry or addiction
medicine;
``(2) a clinical psychologist providing qualified
psychologist services (as defined in section 1861(ii) of such
Act);
``(3) a nurse practitioner (as defined in
section1861(aa)(5)(A) of such Act) with respect to the
provision of psychiatric services;
``(4) a clinical social worker (as defined in
section1861(hh)(1) of such Act);
``(5) a psychiatric hospital (as defined in section 1861(f)
of such Act);
``(6) a community mental health center that meets the
criteria specified in section 1913(c); or
``(7) a residential or outpatient mental health or
substance abuse treatment facility.
``(d) Program Requirements.--An eligible behavioral health care
provider receiving a grant under subsection (a) shall use the grant
funds--
``(1) to purchase or upgrade health information technology
software and support services needed to appropriately provide
behavioral health care services and, where feasible, facilitate
behavioral health integration;
``(2) to demonstrate (through a process specified by the
Secretary, such as the use of attestation) that the eligible
behavioral health care provider has acquired health information
technology that meets the certification criteria described in
the final rule of the Office of the National Coordinator for
Health Information Technology of the Department of Health and
Human Services entitled `2015 Edition Health Information
Technology (Health IT) Certification Criteria, 2015 Edition
Base Electronic Health Record (EHR) Definition, and ONC Health
IT Certification Program Modifications' (80 Fed. Reg. 62602
(October 16, 2015)) (or successor criteria);
``(3) to ensure that such health information technology is
fully compliant with the regulations specified in the final
rule of the Centers for Medicare & Medicaid Services entitled
`Medicare and Medicaid Programs; Patient Protection and
Affordable Care Act; Interoperability and Patient Access for
Medicare Advantage Organization and Medicaid Managed Care
Plans, State Medicaid Agencies, CHIP Agencies and CHIP Managed
Care Entities, Issuers of Qualified Health Plans on the
Federally-Facilitated Exchanges, and Health Care Providers' (85
Fed. Reg. 25510 (May 1, 2020)), including by demonstrating the
capacity to exchange patient clinical data with primary care
physicians, medical specialty providers and acute care
hospitals, psychiatric hospitals, and hospital emergency
departments; and
``(4) to promote, where feasible, the implementation and
improvement of bidirectional integrated services, including
evidence-informed screening, assessment, diagnosis, prevention,
treatment, recovery, and coordinated discharge planning
services for mental health and substance use disorders, and co-
occurring physical health conditions and chronic diseases.
``(e) Applications.--An eligible behavioral health care provider
seeking a grant under subsection (a) shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
``(f) Grant Amounts.--The amount of a grant under subsection (a)
shall be not more than $2,000,000.
``(g) Duration.--A grant under subsection (a) shall be for a period
of not more than 2 years.
``(h) Reporting on Program Outcomes.--Not later than 2 years after
the date of enactment of the Behavioral Health Information Technology
Coordination Act, and annually thereafter, the Secretary shall submit
to Congress a report that describes the implementation of the grant
program under this section, including--
``(1) information on the number and type of behavioral
health care providers that have acquired and implemented
certified health information technology described in section
3001(c)(5)(C)(iv), including a description of any advances or
challenges related to such acquisition and implementation;
``(2) information on the number and type of behavioral
health care providers that received a grant under this section;
``(3) information on whether the number of, and rate of
participation by, eligible behavioral health care providers,
including behavioral health care providers that received a
grant under this section, participating in Medicare and
Medicaid under a value based or capitated payment arrangement
has increased during the grant program;
``(4) the extent to which eligible behavioral health care
providers that received a grant under this section are able to
electronically exchange patient health information with local
partners, including primary care physicians, medical specialty
providers and acute care hospitals, psychiatric hospitals,
hospital emergency departments, health information exchanges,
Medicare Advantage plans under part C of title XVIII of the
Social Security Act, medicaid managed care organizations (as
defined in section 1903(m)(1)(A) of such Act), and related
entities;
``(5) the extent to which eligible behavioral health care
providers that received a grant under this section are
measuring and electronically reporting patient clinical and
non-clinical outcomes using common quality-reporting metrics
established by the Centers for Medicare & Medicaid Services,
such as the child and adult health quality measures published
under sections 1139A and 1139B of the Social Security Act and
quality measures under section 1848(q) of such Act; and
``(6) evaluation of the impact and effectiveness of grants
under this section on advancing access to care, quality of
care, interoperable exchange of patient health information
between behavioral health and medical health providers, and
recommendations on how to use health information technology to
improve such outcomes.
``(i) Guidance.--The Secretary shall require the Administrator of
the Centers for Medicare & Medicaid Services, the Assistant Secretary
for Mental Health and Substance Use, and the National Coordinator to
develop joint guidance on how States can use Medicaid authorities and
funding sources (including waiver authority under section 1115 of the
Social Security Act, directed payments, enhanced Federal matching rates
for certain expenditures, Federal funding for technical assistance, and
payment and service delivery models tested by the Center for Medicare
and Medicaid Innovation under section 1115A of the Social Security Act
and other Federal resources to promote the adoption and
interoperability of certified health information technology described
in section 3001(c)(5)(C)(iv).
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2025 through 2029.''.
SEC. 3. VOLUNTARY STANDARDS FOR BEHAVIORAL HEALTH INFORMATION
TECHNOLOGY.
Section 3001(c)(5)(C) of the Public Health Service Act (42 U.S.C.
300jj-11(c)(5)(C)) is amended by adding at the end the following:
``(iv) Voluntary standards for behavioral
health information technology.--
``(I) In general.--Not later than 1
year after the date of enactment of the
Behavioral Health Information
Technology Coordination Act, the
National Coordinator and the Assistant
Secretary for Mental Health and
Substance Use, acting jointly, in
consultation with appropriate
stakeholders, shall develop
recommendations for the voluntary
certification of health information
technology for behavioral health care
that does not include a separate
certification program for behavioral
health care and practice settings.
``(II) Considerations.--The
recommendations under subclause (I)
shall take into consideration 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.''.
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