[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3921 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3921

   To amend title XIX of the Social Security Act to provide a higher 
  Federal matching rate for increased expenditures under Medicaid for 
 behavioral health services (including those related to mental health 
              and substance use), and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2024

Ms. Smith (for herself and Ms. Stabenow) 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 provide a higher 
  Federal matching rate for increased expenditures under Medicaid for 
 behavioral health services (including those related to mental health 
              and substance use), 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 ``Medicaid Bump Act''.

SEC. 2. HIGHER FEDERAL MATCH FOR INCREASED EXPENDITURES UNDER MEDICAID 
              FOR BEHAVIORAL HEALTH SERVICES.

    (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 
1396b) is amended--
            (1) in subsection (a)(5)--
                    (A) by inserting ``(A)'' before ``an amount equal 
                to'';
                    (B) by inserting ``and'' after the semicolon; and
                    (C) by adding at the end the following:
    ``(B) subject to subsection (b)(6), an amount equal to 90 percent 
of the amount by which--
            ``(i) the sum of the amounts expended during such quarter 
        which are attributable to the offering, arranging, and 
        furnishing (directly or on a contract basis) under the State 
        plan (or under a waiver of the plan) of behavioral health 
        services (including those related to mental health and 
        substance use); exceeds
            ``(ii) the sum of the amounts expended during the 
        corresponding quarter in the 4-quarter period ending on March 
        31, 2019, which are attributable to the offering, arranging, 
        and furnishing (directly or on a contract basis) under the 
        State plan (or under a waiver of the plan) of such services; 
        plus''; and
            (2) in subsection (b), by adding at the end the following 
        new paragraph:
    ``(6) Accountability and Maintenance of Effort Requirements for 
Additional Federal Funding for Increased Expenditures for Behavioral 
Health Services.--As a condition for receiving the funds the Secretary 
is otherwise obligated to pay to a State under subsection (a)(5)(B), a 
State shall meet the following requirements:
            ``(A) Supplement, not supplant.--The State shall use the 
        funds received under such subsection to supplement, not 
        supplant, the level of State funds expended for the offering, 
        arranging, and furnishing (directly or on a contract basis) 
        under the State plan (or under a waiver of the plan) of 
        behavioral health services (including those related to mental 
        health and substance use) through programs and activities in 
        effect as of April 1, 2021.
            ``(B) Use of funds for activities that improve delivery of 
        behavioral health services.--The State shall use the funds 
        received under such subsection for activities that increase the 
        capacity, efficiency, and quality in the provision of 
        behavioral health services (including those related to mental 
        health and substance use) delivered by providers, including 
        through increases in payment rates for providers of those 
        services and the adoption of other measures that ensure a 
        reduction in staff turnover.''.
    (b) Sub-Regulatory Guidance.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of Health and Human 
Services shall issue sub-regulatory guidance to States specifying the 
services that are behavioral health services for purposes of 
subparagraph (B) of section 1903(a)(5) of the Social Security Act (42 
U.S.C. 1396b(a)(5)), as added by subsection (a)(1).
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to calendar quarters beginning on or after January 1 
of the year that begins 1 year after the date of the enactment of this 
Act.

SEC. 3. REPORT REGARDING BEHAVIORAL HEALTH SERVICE.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Secretary of Health and Human Services shall 
submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Finance of the Senate a report 
regarding behavioral health services (including those related to mental 
health and substance use) provided under title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.) in each State (as such term is 
defined in section 1101(a) of such Act (42 U.S.C. 1301(a)) for purposes 
of such title), specifying the payment rates for such services, the 
rationale for deriving such payment rates, and utilization of such 
services, as such data are available.
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