[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7233 Reported in House (RH)]
<DOC>
Union Calendar No. 285
117th CONGRESS
2d Session
H. R. 7233
[Report No. 117-374]
To amend title XIX of the Social Security Act to provide for
requirements under Medicaid State plans for health screenings and
referrals for certain eligible juveniles in public institutions; and to
require the Secretary of Health and Human Services to issue clear and
specific guidance under the Medicaid and Children's Health Insurance
programs to improve the delivery of health care services, including
mental health services, in elementary and secondary schools and school-
based health centers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 28, 2022
Mr. Hudson (for himself and Ms. Kuster) introduced the following bill;
which was referred to the Committee on Energy and Commerce
June 16, 2022
Additional sponsors: Mrs. Hinson, Mrs. Hayes, Ms. Houlahan, and Mr.
Trone
June 16, 2022
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
28, 2022]
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to provide for
requirements under Medicaid State plans for health screenings and
referrals for certain eligible juveniles in public institutions; and to
require the Secretary of Health and Human Services to issue clear and
specific guidance under the Medicaid and Children's Health Insurance
programs to improve the delivery of health care services, including
mental health services, in elementary and secondary schools and school-
based health centers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Incarceration Discharges
Streamlined for Children and Accommodating Resources in Education Act''
or the ``KIDS CARE Act''.
SEC. 2. MEDICAID AND CHIP REQUIREMENTS FOR HEALTH SCREENINGS AND
REFERRALS FOR ELIGIBLE JUVENILES IN PUBLIC INSTITUTIONS.
(a) Medicaid State Plan Requirement.--Section 1902 of the Social
Security Act (42 U.S.C. 1396a) is amended--
(1) in subsection (a)(84)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by adding ``and'' at the
end; and
(C) by adding at the end the following new
subparagraph:
``(D) beginning October 1, 2023, in the case of
individuals who are eligible juveniles described in
subsection (nn)(2), are scheduled to be released from
placement in a public institution following
adjudication, and who the State determines pursuant to
subparagraph (B) or (C), as applicable, meet the
eligibility requirements for medical assistance under
the State plan, the State shall have in place a plan to
ensure, and in accordance with such plan, provide--
``(i) for, prior to the release of such an
eligible juvenile from such public institution
(or not later than one week after release from
the public institution), and in coordination
with such institution--
``(I) any screening described in
section 1905(r) for which such eligible
juvenile qualifies based on the
intervals established pursuant to such
section;
``(II) any screening which such
eligible juvenile did not receive in
accordance with such intervals due to
the incarceration of such eligible
juvenile; and
``(III) a behavioral health or
mental health screening that is a
screening service described under
section 1905(r)(1), if such screening
was not otherwise conducted pursuant to
this clause;
``(ii) for, not later than the latter of
the date on which such eligible juvenile is
released from such institution, or the date on
which the screenings pursuant to clause (i) for
such eligible juvenile are conducted, referrals
for such eligible juvenile to the appropriate
services, including necessary health care,
diagnostic services, treatment, and other
measures described in section 1905(a), giving
preference to providers of such services who
are located in the geographic region of the
home or residence of such eligible juvenile
when available, based on such screenings; and
``(iii) for, following the release of such
eligible juvenile from such institution, and
the completion of the screenings conducted
pursuant to clause (i), not less than 30 days
of targeted case management services furnished
by a provider in the geographic region of the
home or residence of such eligible juvenile.'';
and
(2) in subsection (nn)(3), by striking ``(30)'' and
inserting ``(31)''.
(b) Clarification of Federal Financial Participation.--The
subdivision (A) of section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) following paragraph (31) of such section is amended by
striking ``(except as a patient in a medical institution)'' and
inserting ``(except in the case of eligible juveniles described in
section 1902(a)(84)(D), and individuals as a patient in a medical
institution)''.
(c) CHIP Requirement.--Section 2107(e)(1) of the Social Security
Act (42 U.S.C. 1397gg(e)(1)) is amended by adding at the end the
following new subparagraph:
``(U) Section 1902(a)(84)(D) (relating to eligible
juveniles scheduled to be released from placement in a
public institution following adjudication).''.
SEC. 3. GUIDANCE ON REDUCING ADMINISTRATIVE BARRIERS TO PROVIDING
HEALTH CARE SERVICES IN SCHOOLS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services shall
issue guidance to State Medicaid agencies, elementary and secondary
schools, and school-based health centers on reducing administrative
barriers to such schools and centers furnishing medical assistance and
obtaining payment for such assistance under titles XIX and XXI of the
Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.).
(b) Contents of Guidance.--The guidance issued pursuant to
subsection (a) shall--
(1) include proposed revisions to the May 2003 Medicaid
School-Based Administrative Claiming Guide, the 1997 Medicaid
and Schools Technical Assistance Guide, and other guidance in
effect on the date of enactment of this Act;
(2) provide information on payment under titles XIX and XXI
of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et
seq.) for the provision of medical assistance, including such
assistance provided in accordance with an individualized
education program or under the ``free care'' policy described
in the State Medicaid Director letter on payment for services
issued on December 15, 2014 (#14-006);
(3) take into account reasons why small and rural local
education agencies may not provide medical assistance, and
consider approaches to encourage such agencies to provide such
assistance; and
(4) include best practices and examples of methods that
State Medicaid agencies and local education agencies have used
to pay for, and increase the availability of, medical
assistance.
(c) Definitions.--In this Act:
(1) Individualized education program.--The term
``individualized education program'' has the meaning given such
term in section 602(14) of the Individuals with Disabilities
Education Act (20 U.S.C. 1401(14)).
(2) School-based health center.--The term ``school-based
health center'' has the meaning given such term in section
2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9)).
SEC. 4. GUIDANCE TO STATES ON SUPPORTING MENTAL, EMOTIONAL, AND
BEHAVIORAL HEALTH SERVICES, AND ON THE AVAILABILITY OF
TELEHEALTH UNDER MEDICAID.
Not later than January 1, 2024, the Secretary of Health and Human
Services shall issue guidance to States on how to expand the provision
of mental, emotional, and behavioral health services covered under
State plans (or waivers of such plans) under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), including a description of best
practices for--
(1) effective programs for the provision of such services;
(2) provision of such services to underserved communities;
(3) flexibilities for children's hospitals and other
providers to expand access to such services while ensuring high
quality and safety; and
(4) recruitment and retention of providers of such
services.
SEC. 5. ENSURING CHILDREN RECEIVE TIMELY ACCESS TO CARE.
(a) Guidance to States on Flexibilities to Ensure Provider Capacity
to Provide Pediatric Mental, Emotional, and Behavioral Crisis Care.--
Not later than July 1, 2024, the Secretary of Health and Human Services
shall provide guidance to States on existing flexibilities under State
plans (or waivers of such plans) under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.) to support children in crisis or in need
of intensive mental, emotional, or behavioral health services.
(b) Ensuring Consistent Review and State Implementation of Early
and Periodic Screening, Diagnostic, and Treatment Services.--Section
1905(r) of the Social Security Act (42 U.S.C. 1396d(r)) is amended by
adding at the end the following: ``Not later than January 1, 2025, and
not later than each January 1 thereafter, the Secretary shall review
implementation of the requirements of this subsection by States,
including such requirements relating to services provided by a managed
care entity, identify and disseminate best practices for ensuring
comprehensive coverage of services, identify gaps and deficiencies in
meeting Federal requirements, and provide guidance to States on
addressing identified gaps and disparities and meeting Federal coverage
requirements in order to ensure children have access to behavioral
health services.''.
SEC. 6. STRATEGIES TO INCREASE ACCESS TO TELEHEALTH UNDER MEDICAID AND
CHILDREN'S HEALTH INSURANCE PROGRAM.
Not later than 1 year after the date of the enactment of this Act,
and not less frequently than once every five years thereafter, the
Secretary of Health and Human Services shall update guidance issued by
the Centers for Medicare & Medicaid Services to States, the State
Medicaid & CHIP Telehealth Toolkit, to clarify strategies to overcome
existing barriers and increase access to telehealth services under the
Medicaid program under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) and the Children's Health Insurance Program under title
XXI of such Act (42 U.S.C. 1397aa et seq.). Such updated guidance shall
include examples of and promising practices regarding--
(1) telehealth delivery of covered services;
(2) recommended voluntary billing codes, modifiers, and
place-of-service designations for telehealth and other virtual
health care services;
(3) the simplification or alignment (including through
reciprocity) of provider licensing, credentialing, and
enrollment protocols with respect to telehealth across States,
State Medicaid plans under such title XIX, and Medicaid managed
care organizations, including during national public health
emergencies;
(4) strategies States can use to integrate telehealth and
other virtual health care services into value-based health care
models; and
(5) waivers under the Medicaid program to test expanded
access to telehealth, including during the emergency period
described in section 1135(g)(1)(B) of the Social Security Act
(42 U.S.C. 1320b-5(g)(1)(B)).
SEC. 7. REMOVAL OF INMATE LIMITATIONS ON BENEFITS UNDER MEDICAID.
(a) In General.--The subdivision (A) of section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)) following paragraph (31) of
such section, as amended by section 2(b), is further amended by
striking ``and individuals as a patient in a medical institution'' and
inserting ``individuals as a patient in a medical institution, or, at
the option of the State, for an individual who is a juvenile, while
such individual is an inmate of a public institution pending
disposition of charges''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first calendar quarter that begins
after the date that is 18 months after the date of enactment of this
Act and shall apply to items and services furnished for periods
beginning on or after such date.
Amend the title so as to read: ``A bill to amend titles XIX
and XXI of the Social Security Act to provide for requirements
under Medicaid State plans for health screenings and referrals
for certain eligible juveniles in public institutions; to
require the Secretary of Health and Human Services to issue and
update guidance under the Medicaid and Children's Health
Insurance Programs to improving access to, and the delivery of,
timely health care services, including mental and behavioral
health services; and for other purposes.''.
Union Calendar No. 285
117th CONGRESS
2d Session
H. R. 7233
[Report No. 117-374]
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to provide for
requirements under Medicaid State plans for health screenings and
referrals for certain eligible juveniles in public institutions; and to
require the Secretary of Health and Human Services to issue clear and
specific guidance under the Medicaid and Children's Health Insurance
programs to improve the delivery of health care services, including
mental health services, in elementary and secondary schools and school-
based health centers.
_______________________________________________________________________
June 16, 2022
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed