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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1992 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 1992

  To amend title XIX of the Social Security Act to provide a standard 
      definition of therapeutic foster care services in Medicaid.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2014

  Ms. Baldwin (for herself and Mr. Portman) 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 standard 
      definition of therapeutic foster care services in Medicaid.

    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 ``Quality Foster Care Services Act of 
2014''.

SEC. 2. INCLUSION OF THERAPEUTIC FOSTER CARE AS MEDICAL ASSISTANCE.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (28), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (29) as paragraph 
                (30); and
                    (C) by inserting after paragraph (28) the following 
                new paragraph:
            ``(29) therapeutic foster care services described in 
        subsection (ee); and''; and
            (2) by adding at the end the following new subsection:
    ``(ee)(1) For purposes of subsection (a)(29), subject to 
subparagraph (C), therapeutic foster care services described in this 
subsection are services provided for children 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 the level of care provided in an institution 
(including a psychiatric residential treatment facility) or nursing 
facility the cost of which could be reimbursed under the State plan but 
who can be cared for or maintained in a community placement, through 
therapeutic foster care programs that--
            ``(A) are licensed by the State and accredited by the Joint 
        Commission, the Commission on Accreditation of Rehabilitation 
        Facilities, the Council on Accreditation, or by another 
        equivalent accreditation agency (or agencies) as the Secretary 
        may recognize;
            ``(B) provide structured daily activities, including the 
        development, improvement, monitoring, and reinforcing of age-
        appropriate social, communication and behavioral skills, 
        trauma-informed and gender-responsive services, crisis 
        intervention and crisis support services, medication 
        monitoring, counseling, and case management, and may furnish 
        other intensive community services; and
            ``(C) provide foster care parents with specialized training 
        and consultation in the management of children with mental 
        illness, trauma, other emotional or behavioral disorders, 
        medically fragile conditions, or developmental disabilities, 
        and specific additional training on the needs of each child 
        provided such services.
    ``(2) In making coverage determinations under paragraph (1), a 
State may employ medical necessity criteria that are similar to the 
medical necessity criteria applied to coverage determinations for other 
services and supports under this title.
    ``(3) The services described in this subsection do not include the 
training referred to in paragraph (1)(C).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to calendar quarters beginning on or after the date of enactment 
of this Act.
                                 <all>
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