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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 429 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 429

  To amend title XIX of the Social Security Act to provide a standard 
      definition of therapeutic foster care services in Medicaid.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2015

Ms. Baldwin (for herself, Mr. Portman, Ms. Stabenow, Mr. Casey, and Mr. 
Brown) introduced the following bill; which was read twice and referred 
                      to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To amend title XIX of the Social Security Act to provide a standard 
      definition of therapeutic foster care services in Medicaid.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family-Based Foster Care Services 
Act''.

SEC. 2. INCLUSION OF THERAPEUTIC FOSTER CARE AS MEDICAL ASSISTANCE.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (28), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (29) as paragraph 
                (30); and
                    (C) by inserting after paragraph (28) the following 
                new paragraph:
            ``(29) therapeutic foster care services (to the extent 
        allowed and as defined in subsection (ee)); and''; and
            (2) by adding at the end the following new subsection:
    ``(ee)(1) For purposes of subsection (a)(29), subject to the 
succeeding paragraphs of this subsection, the term `therapeutic foster 
care services' means services provided for children who have not 
attained age 21, and who, as a result of mental illness, other 
emotional or behavioral disorders, medically fragile conditions, or 
developmental disabilities, need the level of care provided in an 
institution (including a psychiatric residential treatment facility) or 
nursing facility the cost of which could be reimbursed under the State 
plan but who can be cared for or maintained in a community placement, 
through a qualified therapeutic foster care program described in 
paragraph (2).
    ``(2) A qualified therapeutic foster care program described in this 
paragraph is a program that--
            ``(A) not later than 3 years after the date of enactment of 
        this subsection, is licensed by the State and accredited by the 
        Joint Commission on Accreditation of Healthcare Organizations, 
        the Commission on Accreditation of Rehabilitation Facilities, 
        the Council on Accreditation, or by another equivalent 
        accreditation agency (or agencies) as the Secretary may 
        recognize;
            ``(B) provides structured daily activities, including the 
        development, improvement, monitoring, and reinforcement of age-
        appropriate social, communication and behavioral skills, 
        trauma-informed and gender-responsive services, crisis 
        intervention and crisis support services, medication 
        monitoring, counseling, and case management, and may furnish 
        other intensive community services; and
            ``(C) provides biological parents, kinship caregivers, and 
        foster care parents with specialized training and consultation 
        in the management of children with mental illness, other 
        emotional or behavioral disorders, medically fragile 
        conditions, developmental disabilities, the impact of trauma on 
        child and caregiver, and specific additional training on the 
        needs of each child provided such services.
    ``(3) In making coverage determinations in accordance with 
paragraph (1), a State may employ medical necessity criteria that are 
similar to the medical necessity criteria applied to coverage 
determinations for other services and supports under this title.
    ``(4) For purposes of subsection (a)(29) and this subsection, 
therapeutic foster care services shall not include reimbursement for 
any training referred to in paragraph (2)(C).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to medical assistance furnished in calendar quarters beginning on 
or after the date of enactment of this Act.
                                 <all>
```