II 

114TH CONGRESS 

2D SESSION S. 3548 

To continue the Medicaid emergency psychiatric demonstration project. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 10 (legislative day, DECEMBER 9), 2016 

Mr. CARDIN (for himself, Mr. BLUNT, Ms. COLLINS, and Mrs. MCCASKILL) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

A BILL 

To continue the Medicaid emergency psychiatric 

demonstration project. 

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

3 SECTION 1. CONTINUATION OF MEDICAID EMERGENCY 

4 PSYCHIATRIC DEMONSTRATION PROJECT. 

5 (a) ORIGINAL STATES.—Paragraph (2) of section 

6 2707(d) of Public Law 111–148 (42 U.S.C. 1396a note) 

7 is amended to read as follows: 

8 ‘‘(2) EXTENSION OF PARTICIPATION ELIGI9 BILITY FOR ORIGINALLY SELECTED STATES.— 

10 ‘‘(A) IN GENERAL.— 


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1 ‘‘(i) STATE OPTION TO RESUME PAR2 TICIPATION.—The Secretary shall allow 

3 any State selected as an eligible State to 

4 participate in the demonstration project on 

5 or prior to March 13, 2012, to resume par6 ticipation in the demonstration project 

7 upon the request of the State. 

8 ‘‘(ii) TIMELINE FOR ELECTION AND

9 PARTICIPATION.—A State that elects to re10 sume participation in the demonstration 

11 project under clause (i) shall— 

12 ‘‘(I) make such election before 

13 April 1, 2017; and 

14 ‘‘(II) resume participation not 

15 sooner than July 1, 2018, and not 

16 later than December 31, 2018.’’. 

17 (b) AUTHORITY TO SUBSTITUTE A NEW STATE FOR

18 AN ORIGINALLY SELECTED STATE.—Paragraph (2) of 

19 section 2707(d) of Public Law 111–148 (42 U.S.C. 1396a 

20 note), as amended by subsection (a), is amended by adding 

21 at the end the following new subparagraphs: 

22 ‘‘(B) AUTHORITY TO REPLACE AN ORIGI23 NALLY SELECTED STATE.— 

24 ‘‘(i) IN GENERAL.—If any State that 

25 was selected to participate in the demVerDate Sep 11 2014 03:08 Dec 15, 2016 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3548.IS S3548

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1 onstration project on or prior to March 13, 

2 2012, does not elect before April 1, 2017, 

3 to resume the State’s participation in the 

4 demonstration project, the Secretary may 

5 select on a competitive basis another State 

6 to participate in the project. 

7 ‘‘(ii) TIMELINE FOR PARTICIPATION

8 BY A REPLACEMENT STATE.—A State se9 lected to participate in the demonstration 

10 project under clause (i) shall begin to par11 ticipate not sooner than July 1, 2018, and 

12 not later than December 31, 2018. 

13 ‘‘(C) LENGTH OF PARTICIPATION FOR

14 ORIGINAL AND REPLACEMENT STATES.—A 

15 State that elects to resume participation in the 

16 demonstration project under subparagraph (A) 

17 or is selected to participate under subparagraph 

18 (B) shall be permitted to participate in the 

19 demonstration project for a period of three con20 secutive years, and no State may continue to 

21 participate in the demonstration project after 

22 such period without the approval of Congress in 

23 accordance with subsection (f)(4)(C). 

24 ‘‘(D) CAP ON NUMBER OF STATES.—In no 

25 event may the number of States authorized to 


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1 participate in the demonstration project under 

2 this paragraph exceed 12 States.’’. 

3 (c) FUNDING.—Subsection (e) of section 2707 of 

4 such Act (42 U.S.C. 1396a note) is amended— 

5 (1) by amending subparagraph (A) of para6 graph (1) to read as follows: 

7 ‘‘(A) IN GENERAL.—Out of any funds in 

8 the Treasury not otherwise appropriated, there 

9 is appropriated to carry out this section— 

10 ‘‘(i) $75,000,000 for fiscal year 2011, 

11 to remain available until expended; and 

12 ‘‘(ii) $75,000,000 for fiscal year 2017, 

13 to remain available through March 31, 

14 2022.’’; and 

15 (2) by amending paragraph (2) to read as fol16 lows: 

17 ‘‘(2) LIMITATION ON PAYMENTS.—In no case 

18 may— 

19 ‘‘(A) the aggregate amount of payments 

20 made by the Secretary to eligible States under 

21 this section for the period beginning on July 1, 

22 2018, and ending on December 31, 2021, ex23 ceed $75,000,000; or 

24 ‘‘(B) payments be provided by the Sec25 retary under this section after March 31, 2022, 


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1 unless a law described in subsection (f)(4)(C) is 

2 in effect.’’. 

3 (d) PERMANENT AND EXPANSION EVALUATION AND

4 RECOMMENDATION.—Subsection (f)(4) of section 2707 of 

5 such Act (42 U.S.C. 1396a note) is amended— 

6 (1) in subparagraph (A)— 

7 (A) by striking ‘‘April 1, 2019’’ and insert8 ing ‘‘June 30, 2021’’; and 

9 (B) by striking ‘‘December 31, 2019’’ and 

10 inserting ‘‘December 31, 2021’’; 

11 (2) in subparagraph (C), by striking ‘‘December 

12 31, 2019’’ each place it appears and inserting ‘‘De13 cember 31, 2021’’; and 

14 (3) by adding at the end the following new sub15 paragraph: 

16 ‘‘(D) COLLECTION OF DATA FROM

17 STATES.—The Secretary shall provide each 

18 State participating in the demonstration project 

19 with a template of the data needed from the 

20 State to conduct the evaluation required under 

21 this paragraph and at least 1 fiscal quarter to 

22 collect and submit such data.’’. 

23 (e) CONFORMING AMENDMENTS.— 

24 (1) AUTHORITY TO CONDUCT PROJECT.—Sub25 section (a) of section 2707 of such Act (42 U.S.C. 


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1 1396a note) is amended by inserting ‘‘or (d)(2)(B)’’ 

2 after ‘‘subsection (c)’’. 

3 (2) TECHNICAL CORRECTION TO STABILIZATION

4 REVIEW REQUIREMENT.—The first sentence of sec5 tion 2707(b) of such Act (42 U.S.C. 1396a note) is 

6 amended to read as follows: ‘‘A State shall specify 

7 in its application the mechanism established for en8 suring that institutions participating in the dem9 onstration will determine whether or not such indi10 viduals have been stabilized (as defined in subsection 

11 (h)(5)).’’. 

12 (3) ELIGIBLE STATE DEFINITION.—Subsection 

13 (c)(1) of section 2707 of such Act (42 U.S.C. 1396a 

14 note) is amended by inserting ‘‘and subsection 

15 (d)(2)(B)’’ after ‘‘paragraph (4)’’. 

16 (4) LENGTH OF PROJECT.—Subsection (d) of 

17 section 2707 of such Act (42 U.S.C. 1396a note) is 

18 amended— 

19 (A) in paragraph (1), by striking ‘‘para20 graphs (2) and (3)’’ and inserting ‘‘paragraph 

21 (2)’’; and 

22 (B) by striking paragraphs (3) and (4). 

23 (5) FUNDING.—Subsection (e)(4) of section 

24 2707 of such Act (42 U.S.C. 1396a note) is amend25 ed— 


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1 (A) by striking ‘‘an evaluation under sub2 section (f)(1)’’ and inserting ‘‘the evaluations 

3 required under subsection (f)’’; and 

4 (B) by striking ‘‘or (3)’’. 

5 (f) OFFSET.—From amounts appropriated for the 

6 Prevention and Public Health Fund for fiscal year 2021 

7 under section 4002(b) of the Patient Protection and Af8 fordable Care Act (42 U.S.C. 300u–11(b)), $75,000,000 

9 shall be rescinded. 

Æ 


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