I 
115TH CONGRESS 
1ST SESSION H. R. 2047 
To amend title XIX of the Social Security Act to provide for behavioral 
health infrastructure improvements under the Medicaid program. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2017 
Mr. BEN RAY LUJA´N of New Mexico (for himself, Mr. KENNEDY, Ms. 
CLARKE of New York, and Mrs. NAPOLITANO) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend title XIX of the Social Security Act to provide 
for behavioral health infrastructure improvements under 
the Medicaid program. 
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 ‘‘Behavioral Health In-
frastructure Improvement Act’’. 
SEC. 2. BEHAVIORAL HEALTH INFRASTRUCTURE IMPROVE-
MENTS. 
(a) ENHANCED FMAP FOR INFRASTRUCTURE IM-
PROVEMENTS.— 
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(1) IN GENERAL.—Section 1903(a)(3) of the 
Social Security Act (42 U.S.C. 1396b(a)(3)) is 
amended by adding at the end the following: 
‘‘(I) for calendar quarters beginning during the 
5-year period beginning on or after the date of the 
enactment of this subparagraph, 90 percent of the 
sums expended during the quarter as are attrib-
utable to the design, development, implementation, 
or improvement of infrastructure and systems car-
ried out for purposes of, with respect to behavioral 
health services and substance abuse treatment serv-
ices, providing for enhanced data collection and re-
porting to the Secretary and tracking and ensuring 
access to such services by individuals eligible to re-
ceive medical assistance under the State plan under 
this title (or under a waiver of the plan); plus’’. 
(2) REPORTS.—For each year during which 
subparagraph (I) of section 1903(a)(3) of the Social 
Security Act (42 U.S.C. 1396b(a)(3)), as added by 
paragraph (1), applies, the Secretary of Health and 
Human Services shall submit to Congress a report 
on the affects of such subparagraph, including best 
practices for States receiving reimbursement for ex-
penditures under such subparagraph and the effec-
tiveness of such expenditures made by such States. 
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‘‘(A) has specialized knowledge of behav-
ioral health and substance abuse and experience 
resolving inquiries and complaints described in 
subparagraph (B); and 
‘‘(B) directly or in coordination with State 
Medicaid agencies, departments of insurance, 
and consumer assistance organizations, receives 
and responds to inquiries and complaints con-
cerning access to behavioral health services and 
substance abuse treatment services. 
‘‘(2) CRITERIA.—A State that receives a grant 
under this section shall comply with criteria estab-
lished by the Secretary for carrying out activities 
under such grant. 
‘‘(3) ADDITIONAL
REQUIREMENT.—A State 
that receives a grant under this section, with respect 
to an office described in subsection (a)(1) or a be-
havioral health ombudsman program described in 
subsection (a)(2), shall coordinate such office or pro-
gram with other programs of such State that serve 
individuals receiving medical assistance under this 
title, such as a consumer assistance program, long- 
term care ombudsman program, aging and disability 
resource center, a Medicaid managed care ombuds-
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man program, or a mental health ombudsman pro-
gram. 
‘‘(4) CLARIFICATION.—A grant provided to a 
State under subsection (a) may be used by the State 
to expand a program of such State that services in-
dividuals receiving medical assistance, such as a pro-
gram described in paragraph (3), to include an office 
or program described in subsection (a) or a division 
that would provide for the functions that such an of-
fice or program would otherwise provide. 
‘‘(c) DUTIES.—The office of behavioral health assist-
ance described in paragraph (1) of subsection (a), or an 
ombudsman referred to in paragraph (2) of such sub-
section shall— 
‘‘(1) collect, track, and quantify problems and 
inquiries encountered by individuals eligible for med-
ical assistance under this title with respect to access 
to behavioral health services and substance abuse 
treatment services; 
‘‘(2) educate such individuals on the rights and 
responsibilities of such individuals with respect to 
such access and assist such individuals in the en-
forcement of such rights with respects to such ac-
cess; and 
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‘‘(3) assist such individuals with accessing be-
havioral health services and substance abuse treat-
ment services by providing information, referral, 
care coordination, and other assistance. 
‘‘(d) DATA COLLECTION.—As a condition of receiving 
a grant under subsection (a), an office of behavioral health 
assistance described in paragraph (1) of subsection (a), 
or an ombudsman described in paragraph (2) of such sub-
section shall be required to collect and report data to the 
Secretary, State legislature, relevant State agencies, in-
cluding the departments of insurance and the State attor-
ney general, on the types of problems and inquiries en-
countered by individuals with respect to access to behav-
ioral health services and substance abuse treatment serv-
ices. 
‘‘(e) REPORT TO CONGRESS.—Not later than two 
years after the date of the enactment of this section, the 
Secretary shall submit to Congress a report on the data 
collected under subsection (d). 
‘‘(f) FUNDING.— 
‘‘(1) INITIAL FUNDING.—There is hereby ap-
propriated to the Secretary, out of any funds in the 
Treasury not otherwise appropriated, $30,000,000 
for the first fiscal year for which this section applies 
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to carry out this section. Such amount shall remain 
available without fiscal year limitation. 
‘‘(2) 
AUTHORIZATION
FOR
SUBSEQUENT 
YEARS.—There is authorized to be appropriated to 
the Secretary for each fiscal year following the fiscal 
year described in paragraph (1), such sums as may 
be necessary to carry out this section. 
‘‘(g) STATE MEDICAID AGENCY.—In this section, the 
term ‘State Medicaid agency’ means the State agency ad-
ministering the State plan under this title (or a waiver 
of such plan).’’. 
Æ 
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