Treatment Family Care Services Act

To support the provision of treatment family care services, and for other purposes. 1. Short title This Act may be cited as the Treatment Family Care Services Act 2. Supporting the provision of treatment family care services (a) Definitions In this section: (1) Indian tribe The term Indian tribe 25 U.S.C. 1603 (2) Medicaid program The term Medicaid program 42 U.S.C. 1396 et seq. (3) Secretary The term Secretary (4) State The term State 42 U.S.C. 1301 42 U.S.C. 601 et seq. (5) Title IV–E program The term title IV–E program 42 U.S.C. 670 et seq. (6) Treatment family care services The term treatment family care services (b) Guidance on treatment family care services (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Centers for Medicare & Medicaid Services and the Assistant Secretary of the Administration for Children and Families, shall develop and issue guidance to States and Indian tribes identifying opportunities to fund treatment family care services for children enrolled in any Medicaid eligibility group. (2) Additional requirements The guidance required under paragraph (1) shall include descriptions of the following: (A) Existing opportunities and flexibilities under the Medicaid or CHIP program, including under waivers authorized under section 1115 or 1915 of the Social Security Act ( 42 U.S.C. 1315 (B) Funding opportunities and flexibilities under the title IV–E program, including for specialized training and consultation for biological parents, relative and kinship caregivers, adoptive parents, and foster parents, administrative costs related to in-home prevention services to candidates for foster care and their parents or kin caregivers, and reunification services for youth returning from foster care, as well as other services identified by the Secretary. (C) How States can employ and coordinate funding provided under the Medicaid or CHIP program, the title IV–E program, and other programs administered by the Secretary to support the provision of treatment family care services. (c) Best practices for establishing programs To provide treatment family care services (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Centers for Medicare & Medicaid Services and the Assistant Secretary of the Administration for Children and Families, shall develop and issue guidance to States identifying best practices for establishing programs to provide treatment family care services. (2) Collaboration required Before issuing guidance on best practices, the Secretary shall solicit input from representatives of States and Indian tribes, health care providers with expertise in child trauma and child development, children with mental illness, or other emotional or behavioral disorders, recipients of treatment family care services, foster and kinship care families, and other relevant experts and stakeholders. (3) Additional requirements The guidance required under paragraph (1) shall include the following: (A) Best practices for the organization and provision of treatment family care services and supports. (B) Identification of services and supports included in successful programs that provide treatment family care services. (C) Descriptions of State standards for licensing and accrediting programs that provide treatment family care services to ensure providers are appropriately licensed and trained to provide high-quality treatment family care services, including best practices concerning State requirements for such licensure and accreditation by recognized national independent, not-for-profit entities that accredit health care organizations or by any other independent, not-for-profit accrediting organizations approved by the State. (4) Rule of construction Nothing in this subsection shall be construed as requiring the Secretary to establish an advisory committee subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). (d) GAO study and report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to Congress assessing States' and Tribes' progress in taking steps to ensure foster parents and other caregivers who are eligible for training for which Federal payments are available under the title IV–E program are provided with necessary and appropriate training to meet the individual needs of foster children placed in their care, consistent with the requirements of sections 471(a)(24) and 477(b)(3)(D) of the Social Security Act ( 42 U.S.C. 671(a)(24)

Summary: Treatment Family Care Services Act This bill requires the Department of Health and Human Services (HHS) to issue guidance for states about funding and establishing treatment family care services. Treatment family care services are structured daily services and interventions to address mental and behavioral health disorders, medically fragile conditions, or developmental disabilities that, among other criteria, are provided in a home-based setting to children who are less than 21 years old and enrolled in any Medicaid eligibility group. Specifically, HHS must issue guidance on (1) opportunities for states to fund treatment family care services through Medicaid, federal foster care and related programs, or other HHS programs; and (2) best practices for states to establish treatment family care services programs. The bill also requires the Government Accountability Office to assess and report on certain training provided to foster parents and other caregivers, including recommendations for improving state processes related to approval and oversight of the training.