II 

115TH CONGRESS 

1ST SESSION S. 2253 

To amend title XXI of the Social Security Act to ensure access to mental 

health services for children under the Children’s Health Insurance Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19, 2017 

Ms. STABENOW (for herself, Ms. WARREN, and Mr. MARKEY) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XXI of the Social Security Act to ensure 

access to mental health services for children under the 

Children’s Health Insurance Program, and for other purposes. 

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 ‘‘CHIP Mental Health 

5 Parity Act’’. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 2253 IS

1 SEC. 2. ENSURING ACCESS TO MENTAL HEALTH SERVICES 

2 FOR CHILDREN UNDER THE CHILDREN’S 

3 HEALTH INSURANCE PROGRAM. 

4 (a) IN GENERAL.—Section 2103(c)(1) of the Social 

5 Security Act (42 U.S.C. 1397cc(c)(1)) is amended by add6 ing at the end the following new subparagraph: 

7 ‘‘(E) Mental health services and substance 

8 use disorder services (including behavioral 

9 health treatment).’’. 

10 (b) MENTAL HEALTH SERVICES.— 

11 (1) IN GENERAL.—Section 2103(c) of the So12 cial Security Act (42 U.S.C. 1397cc(c)) is amend13 ed— 

14 (A) by redesignating paragraphs (5), (6), 

15 (7), and (8) as paragraphs (6), (7), (8), and 

16 (9), respectively; and 

17 (B) by inserting after paragraph (4) the 

18 following new paragraph: 

19 ‘‘(5) MENTAL HEALTH SERVICES.—The child 

20 health assistance provided to a targeted low-income 

21 child or pregnant woman shall— 

22 ‘‘(A) include coverage of mental health 

23 services necessary to prevent, diagnose, and 

24 treat a broad range of mental health symptoms 

25 and disorders, including substance use dis26 orders; and 


lotter on DSKBCFDHB2PROD with BILLS
3 

•S 2253 IS

1 ‘‘(B) be delivered in a culturally and lin2 guistically appropriate manner.’’. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Section 2103(a) of the Social Security 

5 Act (42 U.S.C. 1397cc(a)) is amended, in the 

6 matter before paragraph (1), by striking ‘‘para7 graphs (5), (6), and (7)’’ and inserting ‘‘para8 graphs (5), (6), (7), and (8)’’. 

9 (B) Section 2110(b)(5)(A)(i) of the Social 

10 Security Act (42 U.S.C. 1397ee(b)(5)(A)(i)) is 

11 amended by striking ‘‘subsection (c)(5)’’ and in12 serting ‘‘subsection (c)(6)’’. 

13 (c) ASSURING ACCESS TO CARE.—Section 

14 2102(a)(7)(B) of the Social Security Act (42 U.S.C. 

15 1397bb(c)(2)) is amended by striking ‘‘section 

16 2103(c)(5)’’ and inserting ‘‘paragraphs (5) and (6) of sec17 tion 2103(c)’’. 

18 (d) MENTAL HEALTH SERVICES PARITY.—Subpara19 graph (A) of paragraph (7) of section 2103(c) of the So20 cial Security Act (42 U.S.C. 1397cc(c)) (as redesignated 

21 by subsection (b)(1)) is amended to read as follows: 

22 ‘‘(A) IN GENERAL.—A State child health 

23 plan shall ensure that the financial require24 ments and treatment limitations applicable to 

25 mental health or substance use disorder benefits 


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 2253 IS

1 provided under such plan comply with the re2 quirements of section 2726(a) of the Public 

3 Health Service Act in the same manner as such 

4 requirements or limitations apply to a group 

5 health plan under such section.’’. 

6 (e) EFFECTIVE DATE.— 

7 (1) IN GENERAL.—Subject to paragraph (2), 

8 the amendments made by this section shall take ef9 fect on January 1, 2018. 

10 (2) EXCEPTION FOR STATE LEGISLATION.—In 

11 the case of a State child health plan under title XXI 

12 of the Social Security Act (or a waiver of such plan), 

13 which the Secretary of Health and Human Services 

14 determines requires State legislation in order for the 

15 respective plan (or waiver) to meet any requirement 

16 imposed by the amendments made by this section, 

17 the respective plan (or waiver) shall not be regarded 

18 as failing to comply with the requirements of such 

19 title solely on the basis of its failure to meet such 

20 an additional requirement before the first day of the 

21 first calendar quarter beginning after the close of 

22 the first regular session of the State legislature that 

23 begins after the date of enactment of this section. 

24 For purposes of the previous sentence, in the case 

25 of a State that has a 2-year legislative session, each 


lotter on DSKBCFDHB2PROD with BILLS
5 

•S 2253 IS

1 year of the session shall be considered to be a sepa2 rate regular session of the State legislature. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS