I 
118TH CONGRESS 
1ST SESSION H. R. 3761 
To amend the Social Security Act to provide for an increased Federal medical 
assistance percentage for State expenditures on certain behavioral health 
services furnished under the Medicaid program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 31, 2023 
Ms. CASTOR of Florida introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committee 
on Education and the Workforce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Social Security Act to provide for an increased 
Federal medical assistance percentage for State expendi-
tures on certain behavioral health services furnished 
under the Medicaid program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Advancing Student 
Services In Schools Today Act’’ or the ‘‘ASSIST Act’’. 
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SEC. 2. INCREASING THE APPLICABLE FMAP FOR STATE 
EXPENDITURES ATTRIBUTABLE TO CERTAIN 
BEHAVIORAL HEALTH SERVICES. 
Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended— 
(1) in subsection (b), by striking ‘‘and (ii)’’ and 
inserting ‘‘(ii), and (jj)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(jj) INCREASED FMAP FOR MEDICAL ASSISTANCE 
FOR SERVICES FURNISHED BY MENTAL HEALTH AND 
SUBSTANCE USE DISORDER CARE PROVIDERS IN CER-
TAIN SCHOOL-BASED SETTINGS.— 
‘‘(1) IN GENERAL.—Notwithstanding any pre-
ceding provision of this section, with respect to State 
expenditures for medical assistance consisting of 
services provided by a mental health and substance 
use disorder care provider (as defined in section 3 
of the Advancing Student Services In Schools Today 
Act) and furnished at a school or at a school-based 
health center (as defined in section 399Z–1(a)(3) of 
the Public Health Service Act) on or after the first 
day of the first calendar quarter beginning on or 
after the date that is 12 months after the date of 
the enactment of this subsection, the Federal med-
ical assistance percentage otherwise determined 
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under subsection (b) shall, subject to paragraph (2), 
be equal to 90 percent. 
‘‘(2) APPLICATION OF HIGHER MATCH.—Para-
graph (1) shall not apply in the case of State ex-
penditures described in such paragraph if applica-
tion of such paragraph would result in a lower Fed-
eral medical assistance percentage for such expendi-
tures than would otherwise apply without application 
of such paragraph. 
‘‘(3) EXCLUSION OF EXPENDITURES FROM TER-
RITORIAL CAP.—Any payment made to a territory 
for expenditures for medical assistance described in 
paragraph (1) that are subject to the Federal med-
ical assistance percentage specified under such para-
graph shall not be taken into account for purposes 
of applying payment limits under subsections (f) and 
(g) of section 1108 to the extent that such payment 
exceeds the amount of the payment that would have 
been made to the territory for such expenditures 
without regard to this subsection.’’. 
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SEC. 3. PROGRAM TO INCREASE MENTAL HEALTH AND 
SUBSTANCE 
USE 
DISORDER 
CARE 
PRO-
VIDERS IN SCHOOLS AND SCHOOL-BASED 
HEALTH CENTERS. 
(a) GRANT AUTHORITY.—Not later than 12 months 
after the date of enactment of this Act, the Secretary of 
Health and Human Services (referred to in this section 
as the ‘‘Secretary’’), in consultation with the Adminis-
trator of the Centers for Medicare & Medicaid Services 
and the Secretary of Education, shall award grants, con-
tracts, or cooperative agreements to eligible entities to in-
crease the number of mental health and substance use dis-
order care providers in schools and school-based health 
centers served by such entities. 
(b) APPLICATION.—An eligible entity seeking an 
award under this section shall submit an application to 
the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require, in-
cluding a description of— 
(1) the mental health and substance use dis-
order needs of the student population served by the 
eligible entity; and 
(2) with respect to the student population 
served by the eligible entity, how the eligible entity 
will ensure that the mental health and substance use 
disorder care providers supported by the eligible en-
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tity, and the services administered by such pro-
viders, are culturally competent and linguistically 
appropriate. 
(c) RESTRICTION.—No funds made available through 
an award under this section may be used for a threat as-
sessment team. 
(d) REPORTING.— 
(1) ELIGIBLE
ENTITY
REPORTING.—Eligible 
entities receiving an award under this section shall 
submit an annual report to the Secretary accom-
panied by such information as the Secretary may re-
quire, including— 
(A) the number of mental health and sub-
stance use disorder care providers working at 
the schools or school-based health centers 
served by the eligible entity, and the number of 
such providers supported through the award; 
(B) the types of services provided by the 
mental health and substance use disorder care 
providers and the efficacy of such services; 
(C) the practices used by the schools or 
school-based health centers served by the eligi-
ble entity to recruit and retain mental health 
and substance use disorder care providers; and 
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(D) the rates of retention of mental health 
and substance use disorder care providers at 
the school or school-based health center. 
(2) SECRETARY.—Not later than 18 months 
after the date of enactment of this section, and every 
5 years thereafter, the Secretary shall submit to 
Congress a report on the effectiveness of the awards 
under this section. 
(e) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a local educational agency, as defined 
in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801); 
(B) an institution of higher education, as 
defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001); 
(C) a school operated by the Bureau of In-
dian Affairs; or 
(D) a school-based health center, as de-
fined in section 399Z–1(a)(3) of the Public 
Health Service Act (42 U.S.C. 280h–5(a)(3)). 
(2) MENTAL
HEALTH
AND
SUBSTANCE
USE 
DISORDER
CARE
PROVIDER.—The term ‘‘mental 
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health and substance use disorder care provider’’ 
means an individual who is licensed or credentialed 
to provide mental health and substance use disorder 
services, including— 
(A) a school counselor; 
(B) a school psychologist or any other psy-
chologist; 
(C) a psychiatrist who specializes in child 
or adolescent psychiatry; 
(D) a school social worker; 
(E) a peer support specialist or peer recov-
ery coach; 
(F) a licensed clinical social worker; 
(G) an addiction medicine specialist; and 
(H) other providers, as the Secretary de-
termines appropriate. 
Æ 
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