[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3761 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3761
To support the provision of treatment family care services, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2022
Ms. Baldwin (for herself, Mr. Portman, Ms. Stabenow, and Mrs. Capito)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To support the provision of treatment family care services, and for
other purposes.
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 ``Treatment Family Care Services
Act''.
SEC. 2. SUPPORTING THE PROVISION OF TREATMENT FAMILY CARE SERVICES.
(a) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
(2) Medicaid program.--The term ``Medicaid program'' means
the program for grants to States for medical assistance
programs established under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) State.--The term ``State'' has the meaning given that
term in section 1101 of the Social Security Act (42 U.S.C.
1301) for purposes of titles IV and XIX of such Act (42 U.S.C.
601 et seq., 1396 et seq.).
(5) Title iv-e program.--The term ``title IV-E program''
means the program for foster care, prevention, and permanency
established under part E of title IV of the Social Security Act
(42 U.S.C. 670 et seq.).
(6) Treatment family care services.--The term ``treatment
family care services'' means structured daily services and
interventions provided in a home-based or family-based setting,
which may adopt a trauma-informed and gender-responsive
approach and may include services addressing the development,
improvement, monitoring, and reinforcing of age-appropriate
social, communication, and behavioral skills, crisis
intervention and crisis support services, medication
monitoring, counseling, and case management, for children
enrolled in any Medicaid eligibility group (as such term is
defined for purposes of the Medicaid or CHIP program) who have
not attained age 21, and who, as a result of mental illness,
other emotional or behavioral disorders, medically fragile
conditions, or developmental disabilities, need additional or
specialized care, the cost of which could be reimbursed under
the State Medicaid program or the title IV-E program but who
can receive services in a home-based or family-based setting.
(b) Guidance on Treatment Family Care Services.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the Centers for Medicare & Medicaid Services
and the Assistant Secretary of the Administration for Children
and Families, shall develop and issue guidance to States and
Indian tribes identifying opportunities to fund treatment
family care services for children enrolled in any Medicaid
eligibility group.
(2) Additional requirements.--The guidance required under
paragraph (1) shall include descriptions of the following:
(A) Existing opportunities and flexibilities under
the Medicaid or CHIP program, including under waivers
authorized under section 1115 or 1915 of the Social
Security Act (42 U.S.C. 1315, 1396n), for States to
receive Federal funding under that program for the
provision of treatment family care services for
children enrolled in any Medicaid eligibility group,
and as requested by States and subject to approval by
the Secretary.
(B) Funding opportunities and flexibilities under
the title IV-E program, including for specialized
training and consultation for biological parents,
relative and kinship caregivers, adoptive parents, and
foster parents, administrative costs related to in-home
prevention services to candidates for foster care and
their parents or kin caregivers, and reunification
services for youth returning from foster care, as well
as other services identified by the Secretary.
(C) How States can employ and coordinate funding
provided under the Medicaid or CHIP program, the title
IV-E program, and other programs administered by the
Secretary to support the provision of treatment family
care services.
(c) Best Practices for Establishing Programs To Provide Treatment
Family Care Services.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the Centers for Medicare & Medicaid Services
and the Assistant Secretary of the Administration for Children
and Families, shall develop and issue guidance to States
identifying best practices for establishing programs to provide
treatment family care services.
(2) Collaboration required.--Before issuing guidance on
best practices, the Secretary shall solicit input from
representatives of States and Indian tribes, health care
providers with expertise in child trauma and child development,
children with mental illness, or other emotional or behavioral
disorders, recipients of treatment family care services, foster
and kinship care families, and other relevant experts and
stakeholders.
(3) Additional requirements.--The guidance required under
paragraph (1) shall include the following:
(A) Best practices for the organization and
provision of treatment family care services and
supports.
(B) Identification of services and supports
included in successful programs that provide treatment
family care services.
(C) Descriptions of State standards for licensing
and accrediting programs that provide treatment family
care services to ensure providers are appropriately
licensed and trained to provide high-quality treatment
family care services, including best practices
concerning State requirements for such licensure and
accreditation by recognized national independent, not-
for-profit entities that accredit health care
organizations or by any other independent, not-for-
profit accrediting organizations approved by the State.
(4) Rule of construction.--Nothing in this subsection shall
be construed as requiring the Secretary to establish an
advisory committee subject to the provisions of the Federal
Advisory Committee Act (5 U.S.C. App.).
(d) GAO Study and Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study and submit a report to Congress assessing States'
and Tribes' progress in taking steps to ensure foster parents and other
caregivers who are eligible for training for which Federal payments are
available under the title IV-E program are provided with necessary and
appropriate training to meet the individual needs of foster children
placed in their care, consistent with the requirements of sections
471(a)(24) and 477(b)(3)(D) of the Social Security Act (42 U.S.C.
671(a)(24), 677(b)(3)(D)). Such assessment shall also include an
analysis of, and recommendations, if any, to relevant Federal agencies
to improve, State review, approval and oversight of all such training
(whether provided directly by the State or under contract with a public
or private agency responsible for finding, placing, or monitoring the
placement of children in foster family homes).
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