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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3196 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3196

To amend title XIX of the Social Security Act to provide a State option 
 to extend Medicaid coverage for foster care children while receiving 
       treatment from a qualified residential treatment program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 1, 2023

 Mr. Rubio (for himself and Mr. Tillis) 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 State option 
 to extend Medicaid coverage for foster care children while receiving 
       treatment from a qualified residential treatment program.

    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 ``Ensuring Medicaid Continuity for 
Children in Foster Care Act of 2023''.

SEC. 2. STATE OPTION TO EXTEND MEDICAID COVERAGE FOR FOSTER CARE 
              CHILDREN WHILE RECEIVING TREATMENT FROM A QUALIFIED 
              RESIDENTIAL TREATMENT PROGRAM.

    Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)) is 
amended by adding at the end the following:
            ``(17) Extending coverage for foster care children while 
        receiving treatment from a qualified residential treatment 
        program.--
                    ``(A) State option.--At the option of the State, 
                the State plan (or a waiver of such State plan) may 
                provide that a child in foster care under the 
                responsibility of a State who is eligible for medical 
                assistance under such plan (or waiver) (including 
                during a period of retroactive eligibility under 
                subsection (a)(34)), shall remain eligible under such 
                plan (or waiver) for medical assistance during any 
                period in which the child--
                            ``(i) receives treatment provided by any 
                        qualified residential treatment program (as 
                        defined in section 472(k)(4)) in which the 
                        child has been placed in accordance with the 
                        requirements of sections 472(k)(3) and 475A(c); 
                        and
                            ``(ii) continues to be in foster care under 
                        the responsibility of a State.
                    ``(B) Federal financial participation.--A State 
                that has elected the option under subparagraph (A) 
                shall receive payment under section 1903(a) for amounts 
                expended to provide medical assistance to a child 
                described in such subparagraph, including amounts 
                expended for medical assistance for items or services 
                that are provided to any such child outside of the 
                facility (or distinct part thereof) in which a 
                qualified residential treatment program (as so defined) 
                is located.''.
                                 <all>
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