[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3098 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3098
To amend title XIX of the Social Security Act to make permanent the
Medicaid option to remove the IMD exclusion to provide medical
assistance for certain individuals who are patients in an institution
for mental diseases.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 19, 2023
Mr. Thune (for himself, Ms. Hassan, and Mrs. Blackburn) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to make permanent the
Medicaid option to remove the IMD exclusion to provide medical
assistance for certain individuals who are patients in an institution
for mental diseases.
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 ``Securing Advances and a Variety of
Evidence-Based IMD Options Act''.
SEC. 2. MAKING PERMANENT STATE PLAN AMENDMENT OPTION TO PROVIDE MEDICAL
ASSISTANCE FOR CERTAIN INDIVIDUALS WHO ARE PATIENTS IN
CERTAIN INSTITUTIONS FOR MENTAL DISEASES.
(a) In General.--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) Maintenance of Effort Revision.--Section 1915(l)(3)(A) of the
Social Security Act (42 U.S.C. 1396n(l)(3)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``other
than under this title''; and
(2) in clause (i), by striking ``or, if higher,'' and all
that follows through ``in accordance with this subsection''.
(c) 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 (F)'';
(ii) in subparagraph (C), by adding at the
end the following new clause:
``(iii) Medication-assisted treatment.--The
State shall, when appropriate, facilitate
access to, and provide medical assistance for,
medication-assisted treatment for substance use
disorder treatment, irrespective of the setting
in which such treatment is provided.'';
(iii) in subparagraph (D), in the matter
preceding clause (i), by inserting ``have in
place evidence-based, 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
(iv) 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 evidence-based,
substance use disorder-specific program 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), commence 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.''.
(3) Clarification of levels of care.--Section 1915(l)(7)(A)
of the Social Security Act (42 U.S.C. 1396n(l)(7)(A)) is
amended by inserting ``(or any successor publication)'' before
the period.
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