Pub. L. 110-275, tit. I, subtit. C, pt. I, sec. 138 (as amended)
ADJUSTMENT FOR MEDICARE MENTAL HEALTH SERVICES.
SEC. 138. [42 U.S.C. 1395w–4 note] ADJUSTMENT FOR MEDICARE MENTAL HEALTH SERVICES.
(a) Payment Adjustment.—
(1) In general.—For purposes of payment for services furnished under the physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w–4) during the period beginning on July 1, 2008, and ending on February 29, 2012, the Secretary of Health and Human Services shall increase the fee schedule otherwise applicable for specified services by 5 percent.
(2) Nonapplication of budget-neutrality.—The budget-neutrality provision of section 1848(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395w–4(c)(2)(B)(ii)) shall not apply to the adjustments described in paragraph (1).
(b) Definition of Specified Services.—In this section, the term “specified services” means procedure codes for services in the categories of the Health Care Common Procedure Coding System, established by the Secretary of Health and Human Services under section 1848(c)(5) of the Social Security Act (42 U.S.C. 1395w–4(c)(5)), as of July 1, 2007, and as subsequently modified by the Secretary, consisting of psychiatric therapeutic procedures furnished in office or other outpatient facility settings or in inpatient hospital, partial hospital, or residential care facility settings, but only with respect to such services in such categories that are in the subcategories of services which are—
(1) insight oriented, behavior modifying, or supportive psychotherapy; or
(2) interactive psychotherapy.
(c) Implementation.—Notwithstanding any other provision of law, the Secretary may implement this section by program instruction or otherwise.
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- Cross-references to the US Code
- 42 U.S.C. 1395w–4 note