I 
118TH CONGRESS 
1ST SESSION H. R. 3701 
To amend title XIX of the Social Security Act to strengthen coverage under 
the Medicaid program for certain foster youth individuals. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2023 
Ms. KAMLAGER-DOVE (for herself, Ms. MOORE of Wisconsin, and Mr. 
CLEAVER) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To amend title XIX of the Social Security Act to strengthen 
coverage under the Medicaid program for certain foster 
youth individuals. 
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 ‘‘Foster Youth Dental 
Act of 2023’’. 
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SEC. 2. STRENGTHENING COVERAGE UNDER THE MED-
ICAID 
PROGRAM 
FOR 
CERTAIN 
FOSTER 
YOUTH INDIVIDUALS. 
(a) EXPANSION OF EPSDT SERVICES TO CERTAIN 
INDIVIDUALS AGED 21–25.— 
(1) IN GENERAL.—Section 1905(a) of the So-
cial Security Act (42 U.S.C. 1396d(a)) is amend-
ed— 
(A) in paragraph (4)(B), by inserting ‘‘(or, 
in the case of a specified individual (as defined 
in the matter at the end of this subsection), 
under the age of 26)’’ after ‘‘21’’; and 
(B) by adding at the end the following new 
sentence: ‘‘For purposes of paragraph (4)(B), 
the term ‘specified individual’ means an indi-
vidual who is in foster care under the responsi-
bility of a State (or was in foster care under the 
responsibility of the State on the date of attain-
ing 18 years of age or such higher age as the 
State has elected under section 475(8)(B)(iii) 
and was enrolled in a State plan under this title 
or under a waiver of a plan while in such foster 
care).’’. 
(2) PROVISION
OF
INFORMATION
WITH
RE-
SPECT
TO
DENTAL
SERVICES.—Section 
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(B) by adding at the end the following new 
subsection: 
‘‘(uu) SPECIFIED AVERAGE RATE DEFINED.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(13)(D), the term ‘specified average rate’ means, 
with respect to a dental service furnished in a State, 
the average of the contracted rates (as defined in 
paragraph (2)) in effect during the 5-year period 
ending on the date such service is so furnished— 
‘‘(A) for such service furnished in such 
State (as determined by the State); or 
‘‘(B) for such service furnished in the 
United States (as determined by the Secretary); 
as selected by such State. 
‘‘(2) CONTRACTED RATE DEFINED.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the term ‘contracted rate’ means, 
with respect to a dental service, a rate in effect 
between a health insurance issuer offering 
group or individual health insurance coverage 
or a group health plan (as such terms are de-
fined in section 2791 of the Public Health Serv-
ice Act) and a dentist with a contractual rela-
tionship in effect with such issuer or plan (as 
applicable) for furnishing such service under 
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such coverage or plan (as applicable) that rep-
resents the total amount payable (including cost 
sharing) under such coverage or plan (as appli-
cable) for such service so furnished. 
‘‘(B) 
EXCLUSION
OF
SELF-INSURED 
GROUP HEALTH PLAN RATES.—For purposes of 
subparagraph (A), the term ‘contracted rate’ 
shall not include a rate described in such sub-
paragraph that is in effect between a self-in-
sured group health plan and a dentist.’’. 
(2) MEDICAID MANAGED CARE PLANS.—Section 
1932(f) of the Social Security Act (42 U.S.C. 
1396u–2(f)) is amended— 
(A) in the header, by striking ‘‘PRIMARY 
CARE
SERVICES’’ and inserting ‘‘CERTAIN 
SERVICES’’; 
(B) by inserting ‘‘or dental services’’ after 
‘‘primary care services’’; 
(C) by striking ‘‘section 1902(a)(13)(C)’’ 
and inserting ‘‘subparagraph (C) or (D), re-
spectively, of section 1902(a)(13)’’; and 
(D) by striking ‘‘such section’’ and insert-
ing ‘‘such subparagraph (C) or (D), as applica-
ble’’. 
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(3) INCREASED
FMAP
FOR
INCREASED
EX-
PENSES.—Section 1905 of the Social Security Act 
(42 U.S.C. 1396d) is amended by adding at the end 
the following new subsection: 
‘‘(jj) INCREASED FMAP FOR ADDITIONAL EXPENDI-
TURES FOR DENTAL SERVICES.—Notwithstanding sub-
section (b), with respect to the portion of the amounts ex-
pended for medical assistance for services described in sec-
tion 1902(a)(13)(D) furnished on or after the first day 
of the first calendar quarter beginning on or after the date 
that is 80 days after the date of the enactment of this 
subsection furnished to an individual described in such 
section by a dentist that is attributable to the amount by 
which the minimum payment rate required under such 
section (or, by application, section 1932(f)) exceeds the 
payment rate applicable to such services under the State 
plan as of January 1, 2023, the Federal medical assist-
ance percentage for a State that is one of the 50 States 
or the District of Columbia shall be equal to 100 percent. 
The preceding sentence does not prohibit the payment of 
Federal financial participation based on the Federal med-
ical assistance percentage for amounts in excess of those 
specified in such sentence.’’. 
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(c) OUTREACH EFFORTS
FOR ENROLLMENT
OF 
FORMER FOSTER CHILDREN.—Section 1902(a) of the So-
cial Security Act (42 U.S.C. 1396a(a)) is amended— 
(1) in paragraph (86), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (87), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (87) the fol-
lowing new paragraph: 
‘‘(88) not later than 6 months after the date of 
the enactment of this paragraph— 
‘‘(A) establish an outreach and enrollment 
program, in coordination with the State agency 
responsible for administering the State plan 
under part E of title IV and any other appro-
priate or interested agencies, designed to in-
crease the enrollment of individuals who are eli-
gible for medical assistance under the State 
plan under paragraph (10)(A)(i)(IX) in accord-
ance with best practices established by the Sec-
retary; and 
‘‘(B) establish an outreach program to 
dentists practicing in such State to encourage 
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enrollment by such dentists in such plan as par-
ticipating providers under such plan.’’. 
Æ 
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