Eliminating unnecessary oversight and approval requirements for behavioral health services provided by clinical psychologists

(a) Comprehensive Outpatient Rehabilitation Facilities Section 1835(a)(2)(E)(iii) of the Social Security Act (42 U.S.C. 1395n(a)(2)(E)(iii)) is amended by inserting, except that an individual receiving qualified psychologist services as described in section 1861(ii) may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law before the semicolon. (b) Skilled Nursing Facilities Section 1819(b) of such Act (42 U.S.C. 1395i–3(b)) is amended— (1) in paragraph (5)(G), by inserting clinical psychologist, after nurse practitioner,; and (2) in paragraph (6)(A), by inserting, except that a resident receiving qualified psychologist services as described in section 1861(ii) may be under the supervision of a clinical psychologist with respect to such services to the extent authorized under State law before the semicolon. (c) Partial hospitalization services (1) Section 1835(a)(2)(F)(iii) of the Social Security Act (42 U.S.C. 1395n(a)(2)(F)(iii)) is amended by inserting, except that an individual receiving qualified psychologist services as described in section 1861(ii) may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law before the period. (2) Section 1861(ff)(1) of such Act (42 U.S.C. 1395x(ff)(1)) is amended by inserting (or, in the case of qualified psychologist services, under the supervision of a clinical psychologist to the extent authorized under State law) after under the supervision of a physician. (d) Home health services (1) Section 1861(m) of such Act (42 U.S.C. 1395x(m)) is amended— (A) in paragraph (6), by striking and at the end; (B) in paragraph (7), by inserting and after the semicolon; and (C) by inserting after paragraph (7) the following new paragraph: (8) an individual receiving qualified psychologist services may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law;. (2) Section 1891(a)(3)(F) of such Act (42 U.S.C. 1395bbb(a)(3)(F)) is amended by inserting clinical psychologist, after physician,. (e) Inpatient psychiatric hospital services Section 1814(a)(2)(A) of such Act (42 U.S.C. 1395f(a)(2)(A)) is amended by inserting (or, in the case of qualified psychologist services, under the supervision of a clinical psychologist to the extent authorized under State law) after under the supervision of a physician. (f) Rule of construction In accordance with section 410.71(e) of title 42, Code of Federal Regulations (or any successor regulation), nothing in the provisions of, and amendments made by, this section shall be construed as changing or eliminating existing requirements regarding clinical consultation by clinical psychologists with a beneficiary’s physician, in accordance with accepted professional ethical norms and taking into consideration patient confidentiality. (g) Effective date The amendments made by this section shall apply to services furnished on or after January 1, 2028.