[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3892 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3892
To amend title XIX of the Social Security Act to make permanent the
State plan amendment option to provide medical assistance for certain
individuals who are patients in certain institutions for mental
diseases, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
June 7, 2023
Mr. Burgess (for himself and Mr. Torres of New York) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
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A BILL
To amend title XIX of the Social Security Act to make permanent the
State plan amendment option to provide medical assistance for certain
individuals who are patients in certain institutions for mental
diseases, 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 ``Improving Mental Health and Drug
Treatment Act of 2023''.
SEC. 2. LIFTING THE IMD EXCLUSION FOR SUBSTANCE USE DISORDER AND
SERIOUS MENTAL ILLNESS.
(a) Making Permanent State Plan Amendment Option To Provide Medical
Assistance for Certain Individuals Who Are Patients in Certain
Institutions for Mental Diseases.--Section 1915(l)(1) of the Social
Security Act (42 U.S.C. 1396n(l)(1)) is amended by striking ``With
respect to calendar quarters beginning during the period beginning
October 1, 2019, and ending September 30, 2023,'' and inserting ``With
respect to calendar quarters beginning on or after October 1, 2019,''.
(b) Lengths of Stay.--Section 1915(l)(2) of the Social Security Act
(42 U.S.C. 1396n(l)(2)) is amended--
(1) by striking ``30 days'' and inserting ``45 days''; and
(2) by adding at the end the following new sentence:
``Nothing in this paragraph shall be construed as precluding a
State from using other authorities, including section 1115,
that apply with respect to medical assistance under the State
plan under this title, or waiver of such plan, for delivering
care in certain institutions for mental diseases with more than
16 beds concurrently with this paragraph and allowing for stays
in such institutions for mental diseases equal to the combined
total lengths of stays permitted under the respective
authorities so long as all requirements for such authorities
are met.''.
(c) Maintenance of Effort Revision.--Clauses (i) and (ii) of
section 1915(l)(3)(A) of the Social Security Act (42 U.S.C.
1396n(l)(3)(A)) are each amended by striking ``or, if higher,'' and all
that follows through ``in accordance with this subsection''.
(d) Additional Requirements.--
(1) In general.--
(A) General requirements.--Section 1915(l)(4) of
the Social Security Act (42 U.S.C. 1396n(l)(4)) is
amended--
(i) in subparagraph (A), by striking
``through (D)'' and inserting ``through (E)'';
(ii) in subparagraph (D), in the matter
preceding clause (i), by inserting ``have in
place a substance use disorder-specific
individual placement criteria and utilization
management approach to ensure placement of such
individual in an appropriate level of care and
shall'' after ``State shall''; and
(iii) by adding at the end the following
new subparagraph:
``(E) Review process.--The State shall have in
place a process to review the compliance of eligible
institutions for mental diseases with standards of care
for eligible individuals specified by the State.''.
(B) Effective date.--The amendments made by
subparagraph (A) shall apply with respect to medical
assistance furnished in calendar quarters beginning on
or after October 1, 2025.
(2) One-time assessment.--Section 1915(l)(4) of the Social
Security Act (42 U.S.C. 1396n(l)(4)), as amended by paragraph
(1), is further amended by adding at the end the following new
subparagraph:
``(F) Assessment.--The State shall, not later than
12 months after the approval of a State plan amendment
described in this subsection (or, in the case such
State has such an amendment approved as of the date of
the enactment of this subparagraph, not later than 12
months after such date), conduct an assessment of--
``(i) the availability of treatment for
individuals enrolled under a State plan under
this title (or waiver of such plan) in each
level of care described in subparagraph (C);
and
``(ii) the availability of medication-
assisted treatment and medically supervised
withdrawal management services for such
individuals.''.
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