I 
114TH CONGRESS 
1ST SESSION H. R. 3865 
To provide for alternative and updated certification requirements for partici-
pation under Medicaid State plans under title XIX of the Social Security 
Act in the case of certain facilities treating infants under one year 
of age with neonatal abstinence syndrome, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 29, 2015 
Mr. JENKINS of West Virginia (for himself, Ms. CLARK of Massachusetts, Mr. 
STIVERS, Mrs. WAGNER, Ms. KUSTER, Mrs. BLACKBURN, Mr. MCKIN-
LEY, Mr. BOUSTANY, Mr. MOONEY of West Virginia, Mr. POLIQUIN, Mr. 
DOLD, Mr. MACARTHUR, Mr. LANCE, Mr. SALMON, Mr. GROTHMAN, Mr. 
TIBERI, Mr. JOLLY, Mr. WOMACK, Mr. RODNEY DAVIS of Illinois, Mr. 
TURNER, Mr. GUINTA, Mr. BYRNE, Ms. KAPTUR, and Mr. HIMES) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To provide for alternative and updated certification require-
ments for participation under Medicaid State plans under 
title XIX of the Social Security Act in the case of certain 
facilities treating infants under one year of age with 
neonatal abstinence syndrome, 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 ‘‘Cradle Act’’. 
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SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) Neonatal abstinence syndrome (referred to 
in this section as ‘‘NAS’’) is a group of conditions 
a newborn can have if the newborn was exposed to 
drugs, including opioids while in the womb before 
birth. 
(2) According to a report of the Government 
Accountability Office (referred to in this section as 
the ‘‘GAO report’’) symptoms of NAS include irrita-
bility, loud crying, stiffness, sweating, vomiting, di-
arrhea, poor feeding, seizures, and respiratory dis-
tress. 
(3) According to the GAO report, it is rec-
ommended that newborns with NAS receive a thor-
ough evaluation and specialized and innovative treat-
ment, when warranted. 
(4) According to the GAO report, there is a 
program gap of available treatment programs for 
both pregnant women and newborns with NAS. 
(5) According to the GAO report, newborns 
with NAS stayed in the hospital on average 16 days 
with an average hospital bill of $53,000. 
(6) According to GAO reports, NAS has more 
than quadrupled in the past decade, increasing from 
1.2 per 1,000 hospital births per year in 2000 to 5.8 
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per 1,000 hospital births per year in 2012; and some 
regional 
studies 
have 
reported 
much 
higher 
incidences. 
(7) Addressing the treatment of infants diag-
nosed with NAS will take innovative, specialized, 
and collaborative efforts. 
SEC. 3. GUIDELINES FOR CERTIFICATION FOR PARTICIPA-
TION UNDER MEDICAID STATE PLANS OF 
CERTAIN 
FACILITIES 
TREATING 
INFANTS 
UNDER ONE YEAR OF AGE WITH NEONATAL 
ABSTINENCE SYNDROME. 
(a) IN GENERAL.—Not later than six months after 
the date of the enactment of this Act, the Secretary of 
Health and Human Services shall establish guidelines, in 
accordance with subsection (b), for State agencies and rec-
ognized national listing or accrediting bodies to follow for 
purposes of certifying a residential pediatric recovery cen-
ter as qualifying for a provider agreement for participation 
under a State plan under the Medicaid program under 
title XIX of the Social Security Act. Notwithstanding any 
other provision of law, a residential pediatric recovery cen-
ter may satisfy the requirements set forth in such guide-
lines, in lieu of any comparable requirements otherwise ap-
plicable to such a center for purposes of certification for 
participation under such a State plan. 
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(b) GUIDELINES DESCRIBED.—The guidelines estab-
lished under subsection (a) shall— 
(1) provide for physical environment require-
ments and other necessary requirements specifically 
applicable to treating individuals who are under one 
year of age with the diagnosis of neonatal abstinence 
syndrome without any other significant medical risk 
factors; and 
(2) take into account that certain physical envi-
ronment requirements, and any other requirements, 
needed for centers or facilities treating adults may 
not be necessary for centers or facilities treating in-
dividuals described in paragraph (1). 
(c) RESIDENTIAL PEDIATRIC RECOVERY CENTER.— 
For purposes of this Act, the term ‘‘residential pediatric 
recovery center’’ means a center or facility that furnishes 
items and services to infants who are under one year of 
age with the diagnosis of neonatal abstinence syndrome 
without any other significant medical risk factors and 
mothers of such infants. 
SEC. 4. STATE LAW LICENSURE OF CERTAIN FACILITIES 
SATISFIES CERTIFICATION REQUIREMENTS. 
Notwithstanding any other provision of law, in the 
case of a State that recognizes and licenses residential pe-
diatric recovery centers (as defined in section 3(c)), such 
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