Pub. L. 117-328, div. FF, tit. IV, subtit. C, sec. 4123
IMPROVING MOBILE CRISIS CARE IN MEDICARE.
SEC. 4123. IMPROVING MOBILE CRISIS CARE IN MEDICARE.(a) Payment for Psychotherapy for Crisis Services Furnished in an Applicable Site of Service.—(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:“(12) Payment for psychotherapy for crisis services furnished in an applicable site of service.—“(A) In general.—The Secretary shall establish new HCPCS codes under the fee schedule established under this subsection for services described in subparagraph (B) that are furnished on or after January 1, 2024. “(B) Services described.—The services described in this subparagraph are psychotherapy for crisis services that are a furnished in an applicable site of service. “(C) Amount of payment.—For services described in subparagraph (B) that are furnished to an individual in a year (beginning with 2024), in lieu of the fee schedule amount that would otherwise be determined under this subsection for such year, the fee schedule amount for such services for such year shall be equal to 150 percent of the fee schedule amount for non-facility sites of service for such year determined for services identified, as of January 1, 2022, by HCPCS codes 90839 and 90840 (and any succeeding codes). “(D) Definitions.—In this paragraph:“(i) Applicable site of service.—The term ‘applicable site of service’ means a site of service other than a site where the facility rate under the fee schedule under this subsection applies and other than an office setting. “(ii) Psychotherapy for crisis services.—The code descriptions for services described in subparagraph (B) shall be the same as the code descriptions for services identified, as of January 1, 2022, by HCPCS codes 90839 and 90840 (and any succeeding codes), except that such new codes shall be limited to services furnished in an applicable site of service.” . (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 (IV), by striking “and” at the end; (B) in subclause (V), by striking the period at the end and inserting “; and” and (C) by adding at the end the following new subclause:“(VI) subsection (b)(12) shall not be taken into account in applying clause (ii)(II) for 2024.” . (b) Education and Outreach.—Not later than January 1, 2024, the Secretary shall use existing communications mechanisms to provide education and outreach to stakeholders with respect to the ability of health professionals to bill for psychotherapy for crisis services under the Medicare physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w–4) when such services are furnished in an applicable site of service to a Medicare beneficiary who is experiencing a mental or behavioral health crisis.136 STAT. 5908 (c) Open Door Forum.—Not later than January 1, 2024, the Secretary shall convene stakeholders and experts for an open door forum or other appropriate mechanism to discuss current Medicare program coverage and payment policies for services that can be furnished to provide care to a Medicare beneficiary who is experiencing a mental or behavioral health crisis. (d) Education and Outreach on the Use of Peer Support Specialists and Other Auxiliary Personnel in Furnishing of Psychotherapy for Crisis Services and Behavioral Health Integration Services.—Not later than January 1, 2024, the Secretary shall use existing communication mechanisms to provide education and outreach to providers of services, physicians, and practitioners with respect to the ability of auxiliary personnel, including peer support specialists, to participate, consistent with applicable requirements for auxiliary personnel, in the furnishing of—(1) psychotherapy for crisis services billed under the Medicare physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w–4), as well as other services that can be furnished to a Medicare beneficiary experiencing a mental or behavioral health crisis; and (2) behavioral health integration services. (e) Definitions.—In this section:(1) Applicable site of service.—The term “applicable site of service” has the meaning given that term in section 1848(b)(12)(D)(i) of the Social Security Act, as added by subsection (a). (2) Behavioral health integration services.—The term “behavioral health integration services” means services identified, as of January 1, 2022, by HCPCS codes 99484, 99492, 99493, 99494, and G2214 (and any successor or similar codes as determined appropriate by the Secretary). (3) Psychotherapy for crisis services.—The term “psychotherapy for crisis services” means services described in 1848(b)(12)(D)(ii) of the Social Security Act, as added by subsection (a). (4) Secretary.—The term “Secretary” means the Secretary of Health and Human Services.