COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM.

SEC. 4121. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM.(a) Coverage of Services.—(1) In general.—Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended—(A) in subparagraph (GG), by striking “and” after the semicolon at the end; (B) in subparagraph (HH), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new subparagraph:136 STAT. 5902 “(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));” . (2) Definitions.—Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection:“(lll)Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor.—“(1) Marriage and family therapist services.—The term ‘marriage and family therapist services’ means services furnished by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses (other than services furnished to an inpatient of a hospital), which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are furnished, as would otherwise be covered if furnished by a physician or as an incident to a physician’s professional service. “(2) Marriage and family therapist.—The term ‘marriage and family therapist’ means an individual who—“(A) possesses a master’s or doctor’s degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law of the State in which such individual furnishes the services described in paragraph (1); “(B) is licensed or certified as a marriage and family therapist by the State in which such individual furnishes such services; “(C) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and “(D) meets such other requirements as specified by the Secretary. “(3) Mental health counselor services.—The term ‘mental health counselor services’ means services furnished by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses (other than services furnished to an inpatient of a hospital), which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are furnished, as would otherwise be covered if furnished by a physician or as incident to a physician’s professional service. “(4) Mental health counselor.—The term ‘mental health counselor’ means an individual who—“(A) possesses a master’s or doctor’s degree which qualifies for licensure or certification as a mental health counselor, clinical professional counselor, or professional counselor under the State law of the State in which such individual furnishes the services described in paragraph (3); “(B) is licensed or certified as a mental health counselor, clinical professional counselor, or professional counselor by the State in which the services are furnished;136 STAT. 5903 “(C) after obtaining such a degree has performed at least 2 years of clinical supervised experience in mental health counseling; and “(D) meets such other requirements as specified by the Secretary.” . (3) Amount of payment.—Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 11101(b) of Public Law 117–169, is further amended—(A) by striking “, and (EE)” and inserting “(EE)”; and (B) by inserting before the semicolon at the end the following: “and (FF) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)”. (4) Exclusion of marriage and family therapist services and mental health counselor services from 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 “marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),” after “qualified psychologist services,”. (5) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.—Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses:“(vii) A marriage and family therapist (as defined in section 1861(lll)(2)). “(viii) A mental health counselor (as defined in section 1861(lll)(4)).” . (b) Coverage of Certain Mental Health Services Provided in Certain Settings.—(1) Rural health clinics and federally qualified health centers.—Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking “or by a clinical social worker (as defined in subsection (hh)(1))” and inserting “, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4))”. (2) Hospice programs.—Section 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting “, marriage and family therapist, or mental health counselor” after “social worker”. (c) Effective Date.—The amendments made by this section shall apply with respect to services furnished on or after January 1, 2024.