I 
115TH CONGRESS 
1ST SESSION H. R. 2938 
To amend titles XIX and XXI of the Social Security Act to remove barriers 
to access to residential substance use disorder treatment services under 
Medicaid and the Children’s Health Insurance Program (CHIP). 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 20, 2017 
Mr. FITZPATRICK (for himself, Mrs. MURPHY of Florida, Mr. MACARTHUR, 
Ms. KUSTER of New Hampshire, Mr. MURPHY of Pennsylvania, Mr. 
NORCROSS, Mr. FOSTER, Mr. KELLY of Pennsylvania, Mr. BRADY of 
Pennsylvania, Mr. KNIGHT, Ms. TENNEY, Mr. BRENDAN F. BOYLE of 
Pennsylvania, Mr. SEAN PATRICK MALONEY of New York, Ms. CLARK 
of Massachusetts, Ms. SHEA-PORTER, and Mr. COURTNEY) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce 
A BILL 
To amend titles XIX and XXI of the Social Security Act 
to remove barriers to access to residential substance use 
disorder treatment services under Medicaid and the Chil-
dren’s Health Insurance Program (CHIP). 
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 ‘‘Road to Recovery 
Act’’. 
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disorder treatment facility (as defined in subparagraph 
(B)) if— 
‘‘(i) the individual is under 65 years of age; and 
‘‘(ii) the individual’s continued need for such 
services is reviewed and reaffirmed periodically (on 
a frequency, specified by the State that is not less 
often than every 60 days) based on criteria approved 
by the Secretary or established or endorsed by the 
State’s single State agency identified in section 
1932(b)(1)(A)(ii) of the Public Health Service Act. 
‘‘(B) In this paragraph, the term ‘residential sub-
stance use disorder treatment facility’ means a facility 
that— 
‘‘(i) is primarily engaged in furnishing inpatient 
services in the treatment of substance use disorders; 
and 
‘‘(ii) is accredited as an inpatient nonhospital 
facility, inpatient nonhospital detoxification facility, 
or residential facility, by a national accrediting orga-
nization recognized by the Secretary for this purpose 
and is accredited or licensed by a State accrediting 
or licensing agency for substance use disorder treat-
ment.’’. 
(b) CHIP.—Section 2110(b)(2)(A) of the Social Se-
curity Act (42 U.S.C. 1397jj(b)(2)(A)) is amended by in-
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serting after ‘‘an institution for mental diseases’’ the fol-
lowing: ‘‘(other than with respect to residential substance 
use disorder treatment services, as defined in section 
1905(h)(3)(A))’’. 
(c) EFFECTIVE DATE; CONSTRUCTION.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall apply to items and services fur-
nished on or after July 1, 2017. 
(2) CONSTRUCTION.—Nothing in this section 
shall be construed as affecting the availability of 
Federal financial participation for medical assistance 
under title XIX of the Social Security Act (or for 
child health assistance under title XXI of such Act) 
for inpatient services furnished, before the amend-
ments made by this section are implemented, in an 
inpatient nonhospital facility, inpatient nonhospital 
detoxification facility, or residential facility, that is 
primarily engaged in furnishing inpatient services in 
the treatment of substance use disorder services. 
Æ 
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