HR5510-118

1. Short title This Act may be cited as the Helping Out Patients for Emotional and Mental Wellbeing Act or the HOPE and Mental Wellbeing Act of 2023.

2. Requiring coverage of 3 primary care visits without cost sharing each year under Medicare Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended— in subsection (a)(1)— by striking and before (HH); and by inserting before the semicolon at the end the following: , and (II) with respect to the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024) for which payment may be made under a specified outpatient payment provision described in subsection (cc)(2), the amounts paid shall be 100 percent of the lesser of the actual charge or the payment amount otherwise recognized under such respective specified outpatient payment provision for such visit; and in subsection (b), in the first sentence— by striking and before (13); in paragraph (13), by striking .. and inserting a period; and by inserting before the period at the end the following: , and (13) shall not apply with respect to the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024) for which payment may be made under a specified outpatient payment provision described in subsection (cc)(2). Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended— in clause (iv)— by redesignating subclause (VIII) as subclause (IX); and by inserting after subclause (VII) the following new subclause: the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an enrollee during a year (beginning with 2024). in clause (v), by striking and (VII) and inserting (VII), and (VIII). Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: The term primary care visit means outpatient behavioral health services, nonspecialty medical services, and care coordination services furnished for the prevention, diagnosis, treatment, or management of a physical or behavioral health condition. Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended— in subsection (a)(2)— in subparagraph (I), by striking or at the end; in subparagraph (J), by striking ; and at the end and inserting , or; and by adding at the end the following new subparagraph: the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024) for which payment may be made under this title; and in subsection (b)(2)— in subparagraph (I), by striking or at the end; in subparagraph (J), by striking ; and at the end and inserting , or; and by adding at the end the following new subparagraph: the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024); and Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is amended by adding at the end the following new clause: The first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024). (VIII)the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an enrollee during a year (beginning with 2024).; and (nnn)Primary care visitThe term primary care visit means outpatient behavioral health services, nonspecialty medical services, and care coordination services furnished for the prevention, diagnosis, treatment, or management of a physical or behavioral health condition. . (K)the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024) for which payment may be made under this title; and; and (K)the first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024); and. (xv)The first 3 primary care visits (as defined in section 1861(nnn)) furnished to an individual during a year (beginning with 2024)..