II 

115TH CONGRESS 

2D SESSION S. 2922 

To amend title XIX of the Social Security Act to help improve access to 

care for pregnant and postpartum women receiving substance use disorder treatment, including for opioid use disorders, in an institution 

for mental diseases. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2018 

Ms. STABENOW (for herself, Mr. HELLER, Mr. BROWN, Mr. CARPER, and Mr. 

WHITEHOUSE) 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 help improve access to care for pregnant and postpartum women 

receiving substance use disorder treatment, including for 

opioid use disorders, in an institution for mental diseases. 

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 ‘‘Help for Moms and 

5 Babies Act’’. 


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1 SEC. 2. MEDICAID COVERAGE PROTECTION FOR PREG2 NANT AND POSTPARTUM WOMEN SEEKING 

3 CARE FOR SUBSTANCE USE DISORDER IN AN 

4 INSTITUTION FOR MENTAL DISEASES. 

5 (a) MEDICAID STATE PLAN.—Section 1905(a) of the 

6 Social Security Act (42 U.S.C. 1396d(a)) is amended by 

7 adding at the end the following new sentence: ‘‘In the case 

8 of a woman who is eligible for medical assistance on the 

9 basis of being pregnant (including through the end of the 

10 month in which the 60-day period beginning on the last 

11 day of her pregnancy ends), who is a patient in an institu12 tion for mental diseases for purposes of receiving treat13 ment for a substance use disorder, and who was enrolled 

14 for medical assistance under the State plan immediately 

15 before becoming a patient in an institution for mental dis16 eases or who becomes eligible to enroll for such medical 

17 assistance while such a patient, the exclusion from the def18 inition of ‘medical assistance’ set forth in the subdivision 

19 (B) following paragraph (29) of the first sentence of this 

20 subsection shall not be construed as prohibiting Federal 

21 financial participation for medical assistance for items or 

22 services that are provided to the woman outside of the in23 stitution.’’. 

24 (b) EFFECTIVE DATE.— 

25 (1) IN GENERAL.—Except as provided in para26 graph (2), the amendment made by subsection (a) 


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1 shall take effect on the date of enactment of this 

2 Act. 

3 (2) RULE FOR CHANGES REQUIRING STATE

4 LEGISLATION.—In the case of a State plan under 

5 title XIX of the Social Security Act which the Sec6 retary of Health and Human Services determines re7 quires State legislation (other than legislation appro8 priating funds) in order for the plan to meet the ad9 ditional requirements imposed by the amendment 

10 made by subsection (a), the State plan shall not be 

11 regarded as failing to comply with the requirements 

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

13 these additional requirements before the first day of 

14 the first calendar quarter beginning after the close 

15 of the first regular session of the State legislature 

16 that begins after the date of the enactment of this 

17 Act. For purposes of the previous sentence, in the 

18 case of a State that has a 2-year legislative session, 

19 each year of such session shall be deemed to be a 

20 separate regular session of the State legislature. 

Æ 


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