I 

115TH CONGRESS 

1ST SESSION H. R. 2239 

To amend title XIX of the Social Security Act to provide for a State Medicaid 

option to provide coverage of community-based inpatient substance use 

disorder treatment for nonelderly adults, to remove such services from 

the Medicaid exclusion from medical assistance of items and services 

for patients in an institution for mental diseases, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2017 

Ms. FUDGE (for herself, Mr. RYAN of Ohio, Ms. KAPTUR, and Mrs. BEATTY) 

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 

for a State Medicaid option to provide coverage of community-based inpatient substance use disorder treatment 

for nonelderly adults, to remove such services from the 

Medicaid exclusion from medical assistance of items and 

services for patients in an institution for mental diseases, 

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, 

2 

•HR 2239 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Breaking Addiction 

3 Act of 2017’’. 

4 SEC. 2. STATE OPTION TO PROVIDE MEDICAL ASSISTANCE 

5 FOR COMMUNITY-BASED INPATIENT SUB6 STANCE USE DISORDER TREATMENT SERV7 ICES TO NONELDERLY ADULTS. 

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

10 (1) in subsection (a)(16)— 

11 (A) by striking ‘‘, and, (B)’’ and inserting 

12 ‘‘, (B)’’; and 

13 (B) by inserting before the semicolon at 

14 the end the following: ‘‘, and (C) community15 based inpatient substance use disorder treat16 ment services for individuals over 21 years of 

17 age and under 65 years of age’’; and 

18 (2) in subsection (h)— 

19 (A) in paragraph (1)(B), by inserting ‘‘(in20 cluding a substance use disorder)’’ after ‘‘men21 tal health conditions’’; and 

22 (B) by adding at the end the following new 

23 paragraph: 

24 ‘‘(3) For purposes of subsection (a)(16)(C), the term 

25 ‘community-based inpatient substance use disorder treat26 ment services’ means services described in subparagraphs 

3 

•HR 2239 IH

1 (A) and (B) of paragraph (1) that are furnished in an 

2 institution for mental diseases (as defined in section 

3 1905(i) of the Social Security Act (42 U.S.C. 1396d(i)) 

4 that has not more than 60 beds.’’. 

5 (b) REPORT TO CONGRESS.—Not later than 4 years 

6 after the date of the enactment of this Act, the Secretary 

7 of Health and Human Services shall submit to Congress, 

8 and make available to the public, a report on the avail9 ability of, and access to, community-based inpatient sub10 stance use disorder treatment services provided under 

11 State Medicaid plans under title XIX of the Social Secu12 rity Act (or waivers of such plans) (42 U.S.C. 1396 et 

13 seq.) pursuant to the amendments made by subsection (a). 

14 The report shall include recommendations regarding a 

15 permanent and expanded waiver of the limitation on pay16 ment under the subdivision (B) following section 

17 1905(a)(29) of the Social Security Act (42 U.S.C. 

18 1396d(a)(29)) to permit all States to provide such services 

19 to all individuals eligible to receive medical assistance 

20 under such State Medicaid plans. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall apply to calendar quarters beginning 

23 on or after the date that is 30 days after the date of the 

4 

•HR 2239 IH

1 enactment of this Act, but in no case shall such amend2 ments apply earlier than October 1, 2017. 

Æ