I 
114TH CONGRESS 
2D SESSION 
H. R. 5331 
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 
MAY 25, 2016 
Mr. BEN RAY LUJA´N of New Mexico (for himself, Mr. KENNEDY, Ms. 
MICHELLE LUJAN GRISHAM of New Mexico, Mrs. NAPOLITANO, and Ms. 
CLARKE of New York) 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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(b) BEHAVIORAL HEALTH INFORMATION FOR MED-
ICAID BENEFICIARIES.—Title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 1947. BEHAVIORAL HEALTH INFORMATION FOR MED-
ICAID BENEFICIARIES. 
‘‘(a) IN
GENERAL.—The Secretary shall award 
grants to States to enable such States to establish, ex-
pand, or provide support for— 
‘‘(1) offices of behavioral health assistance that 
provide assistance to individuals eligible to receive 
medical assistance under this title; or 
‘‘(2) behavioral health ombudsman programs 
that are independent of any State agency, 
in a manner that ensures coordination with other relevant 
programs of the State for assisting individuals receiving 
medical assistance under this title who have a broad range 
of health concerns, including relating to behavioral health 
and substance abuse treatment. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
grant, a State shall designate an independent office 
of behavioral health assistance described in para-
graph (1) of subsection (a), or an ombudsman de-
scribed in paragraph (2) of such subsection, that— 
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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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