I 

114TH CONGRESS 

1ST SESSION H. R. 835 

To amend title XIX of the Social Security Act to provide a standard definition 

of therapeutic foster care services in Medicaid. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2015 

Ms. DELAURO (for herself, Mr. COLE, Ms. BASS, and Mr. BUTTERFIELD) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to provide 

a standard definition of therapeutic foster care services 

in Medicaid. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Family-Based Foster 

5 Care Services Act of 2015’’. 

6 SEC. 2. INCLUSION OF THERAPEUTIC FOSTER CARE AS 

7 MEDICAL ASSISTANCE. 

8 (a) IN GENERAL.—Section 1905 of the Social Secu9 rity Act (42 U.S.C. 1396d) is amended— 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 835 IH

1 (1) in subsection (a)— 

2 (A) in paragraph (28), by striking ‘‘and’’ 

3 at the end; 

4 (B) by redesignating paragraph (29) as 

5 paragraph (30); and 

6 (C) by inserting after paragraph (28) the 

7 following new paragraph: 

8 ‘‘(29) therapeutic foster care services described 

9 in subsection (ee); and’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(ee)(1) For purposes of subsection (a)(29), subject 

13 to subparagraph (C), therapeutic foster care services de14 scribed in this subsection are services provided for children 

15 who have not attained age 21, and who, as a result of 

16 mental illness, other emotional or behavioral disorders, 

17 medically fragile conditions, or developmental disabilities, 

18 need the level of care provided in an institution (including 

19 a psychiatric residential treatment facility) or nursing fa20 cility the cost of which may be reimbursed under the State 

21 plan but who can be cared for or maintained in a commu22 nity placement, through a qualified therapeutic foster care 

23 program described in paragraph (2). 

24 ‘‘(2) A qualified therapeutic foster care program de25 scribed in this paragraph is a program that— 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•HR 835 IH

1 ‘‘(A) not later than 3 years after the date of en2 actment of this subsection, is licensed by the State 

3 and accredited by the Joint Commission on Accredi4 tation of Healthcare Organizations, the Commission 

5 on Accreditation of Rehabilitation Facilities, the 

6 Council on Accreditation, or by another equivalent 

7 accreditation agency (or agencies) as the Secretary 

8 may recognize; 

9 ‘‘(B) provides structured daily activities, includ10 ing the development, improvement, monitoring, and 

11 reinforcing of age-appropriate social, communication 

12 and behavioral skills, trauma-informed and gender13 responsive services, crisis intervention and crisis sup14 port services, medication monitoring, counseling, and 

15 case management, and may furnish other intensive 

16 community services; and 

17 ‘‘(C) provides biological parents, kinship care18 givers, and foster care parents with specialized train19 ing and consultation in the management of children 

20 with mental illness, trauma, other emotional or be21 havioral disorders, medically fragile conditions, or 

22 developmental disabilities, the impact of trauma on 

23 child and caregiver, and specific additional training 

24 on the needs of each child provided such services. 


tkelley on DSK3SPTVN1PROD with BILLS
4 

•HR 835 IH

1 ‘‘(3) In making coverage determinations under para2 graph (1), a State may employ medical necessity criteria 

3 that are similar to the medical necessity criteria applied 

4 to coverage determinations for other services and supports 

5 under this title. 

6 ‘‘(4) The services described in this subsection do not 

7 include the training referred to in paragraph (2)(C).’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) shall apply to calendar quarters beginning 

10 on or after the date of enactment of this Act. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS