I 

114TH CONGRESS 

2D SESSION H. R. 5362 

To amend title XIX of the Social Security Act to provide a higher Federal 

matching rate for increased expenditures under Medicaid for mental 

and behavioral health services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2016 

Mr. KENNEDY 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 higher Federal matching rate for increased expenditures under Medicaid for mental and behavioral health 

services, 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 ‘‘Mental and Behavioral 

5 Health Care Bump Act of 2016’’. 


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1 SEC. 2. HIGHER FMAP FOR INCREASED EXPENDITURES 

2 UNDER MEDICAID FOR MENTAL AND BEHAV3 IORAL HEALTH SERVICES. 

4 (a) IN GENERAL.—Section 1903(a)(5) of the Social 

5 Security Act (42 U.S.C. 1396b(a)(5)) is amended— 

6 (1) by striking ‘‘an amount equal’’ and insert7 ing ‘‘(A) an amount equal’’; and 

8 (2) by adding at the end the following: ‘‘and 

9 ‘‘(B) an amount equal to 90 percent of the 

10 amounts by which— 

11 ‘‘(i) the sum of the amounts expended 

12 which are attributable to the offering, arrang13 ing, and furnishing (directly or on a contract 

14 basis) under the State plan of mental and be15 havioral health services (including those related 

16 to substance use) for such quarter, exceeds 

17 ‘‘(ii) the sum of the amounts expended 

18 which are attributable to the offering, arrang19 ing, and furnishing (directly or on a contract 

20 basis) under the State plan of such services for 

21 the corresponding quarter in the four-quarter 

22 period ending on March 31, 2016; plus’’. 

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

24 this section shall apply with respect to calendar quarters 

25 beginning on or after January 1, 2017. 


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1 SEC. 3. MACPAC REPORT REGARDING MENTAL AND BEHAV2 IORAL HEALTH SERVICES. 

3 Section 1900(b)(6) of the Social Security Act (42 

4 U.S.C. 1396(b)(6)) is amended by adding at the end the 

5 following new subparagraph: 

6 ‘‘(C) ANNUAL REPORTS REGARDING MEN7 TAL AND BEHAVIORAL HEALTH SERVICES.— 

8 ‘‘(i) IN GENERAL.—For each year (be9 ginning with 2017), MACPAC shall submit 

10 to Congress a report on mental and behav11 ioral health services under this title in each 

12 State selected under clause (iii) for such 

13 year. Such report shall include information 

14 on the following under this title for each 

15 such State: 

16 ‘‘(I) Payment rates for such serv17 ices. 

18 ‘‘(II) The rationale for deriving 

19 such payment rates. 

20 ‘‘(III) Utilization of such serv21 ices. 

22 ‘‘(ii) AVAILABILITY OF DHHS INFOR23 MATION.—The Secretary shall periodically 

24 provide to MACPAC such information on 

25 mental and behavioral health services fur26 nished to individuals receiving benefits 


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1 under this title as MACPAC may request 

2 for purposes of preparing a report required 

3 under this subparagraph. 

4 ‘‘(iii) SELECTION OF STATES.— 

5 ‘‘(I) IN GENERAL.—For each 

6 year (beginning with 2017), MACPAC 

7 shall select, subject to subclause (II), 

8 for purposes of the report required 

9 under clause (i) for such year not 

10 fewer than five States that, to the 

11 greatest extent possible, vary with re12 spect to geography, demography, and 

13 the manner in which mental and be14 havioral health services are furnished 

15 under this title. 

16 ‘‘(II) ENSURING EVENTUAL SE17 LECTION OF ALL STATES.—A State 

18 that has been selected for a year may 

19 not be selected for a subsequent year 

20 unless all other States have been se21 lected during the period beginning 

22 with such year and ending with such 

23 subsequent year.’’. 

Æ 


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