IIB 
115TH CONGRESS 
2D SESSION 
H. R. 3192 
IN THE SENATE OF THE UNITED STATES 
JUNE 20, 2018 
Received; read twice and referred to the Committee on Finance 
AN ACT 
To amend title XXI of the Social Security Act to ensure 
access to mental health services for children under the 
Children’s Health Insurance Program, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘CHIP Mental Health 
Parity Act’’. 
SEC. 2. ENSURING ACCESS TO MENTAL HEALTH AND SUB-
STANCE USE DISORDER SERVICES FOR CHIL-
DREN AND PREGNANT WOMEN UNDER THE 
CHILDREN’S HEALTH INSURANCE PROGRAM. 
(a) IN GENERAL.—Section 2103(c)(1) of the Social 
Security Act (42 U.S.C. 1397cc(c)(1)) is amended by add-
ing at the end the following new subparagraph: 
‘‘(E) Mental health and substance use dis-
order services (as defined in paragraph (5)).’’. 
(b) MENTAL HEALTH AND SUBSTANCE USE DIS-
ORDER SERVICES.— 
(1) IN GENERAL.—Section 2103(c) of the So-
cial Security Act (42 U.S.C. 1397cc(c)) is amend-
ed— 
(A) by redesignating paragraphs (5), (6), 
(7), and (8) as paragraphs (6), (7), (8), and 
(9), respectively; and 
(B) by inserting after paragraph (4) the 
following new paragraph: 
‘‘(5) MENTAL
HEALTH
AND
SUBSTANCE
USE 
DISORDER SERVICES.—Regardless of the type of cov-
erage elected by a State under subsection (a), child 
health assistance provided under such coverage for 
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targeted low-income children and, in the case that 
the State elects to provide pregnancy-related assist-
ance under such coverage pursuant to section 2112, 
such pregnancy-related assistance for targeted low- 
income women (as defined in section 2112(d)) 
shall— 
‘‘(A) include coverage of mental health 
services (including behavioral health treatment) 
necessary to prevent, diagnose, and treat a 
broad range of mental health symptoms and 
disorders, including substance use disorders; 
and 
‘‘(B) be delivered in a culturally and lin-
guistically appropriate manner.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 2103(a) of the Social Security 
Act (42 U.S.C. 1397cc(a)) is amended, in the 
matter before paragraph (1), by striking ‘‘para-
graphs (5), (6), and (7)’’ and inserting ‘‘para-
graphs (5), (6), (7), and (8)’’. 
(B) Section 2110(a) of the Social Security 
Act (42 U.S.C. 1397jj(a)) is amended— 
(i) in paragraph (18), by striking 
‘‘substance abuse’’ each place it appears 
and inserting ‘‘substance use’’; and 
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(ii) in paragraph (19), by striking 
‘‘substance abuse’’ and inserting ‘‘sub-
stance use’’. 
(C) Section 2110(b)(5)(A)(i) of the Social 
Security Act (42 U.S.C. 1397jj(b)(5)(A)(i)) is 
amended by striking ‘‘subsection (c)(5)’’ and in-
serting ‘‘subsection (c)(6)’’. 
(c) 
ASSURING
ACCESS
TO
CARE.—Section 
2102(a)(7)(B) of the Social Security Act (42 U.S.C. 
1397bb(c)(2)) 
is 
amended 
by 
striking 
‘‘section 
2103(c)(5)’’ and inserting ‘‘paragraphs (5) and (6) of sec-
tion 2103(c)’’. 
(d) MENTAL HEALTH SERVICES PARITY.—Subpara-
graph (A) of paragraph (7) of section 2103(c) of the So-
cial Security Act (42 U.S.C. 1397cc(c)) (as redesignated 
by subsection (b)(1)) is amended to read as follows: 
‘‘(A) IN GENERAL.—A State child health 
plan shall ensure that the financial require-
ments and treatment limitations applicable to 
mental health and substance use disorder serv-
ices (as described in paragraph (5)) provided 
under such plan comply with the requirements 
of section 2726(a) of the Public Health Service 
Act in the same manner as such requirements 
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or limitations apply to a group health plan 
under such section.’’. 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the amendments made by this section shall take ef-
fect with respect to child health assistance provided 
on or after the date that is 1 year after the date of 
the enactment of this Act. 
(2) EXCEPTION FOR STATE LEGISLATION.—In 
the case of a State child health plan under title XXI 
of the Social Security Act (or a waiver of such plan), 
which the Secretary of Health and Human Services 
determines requires State legislation in order for the 
respective plan (or waiver) to meet any requirement 
imposed by the amendments made by this section, 
the respective plan (or waiver) shall not be regarded 
as failing to comply with the requirements of such 
title solely on the basis of its failure to meet such 
an additional requirement before the first day of the 
first calendar quarter beginning after the close of 
the first regular session of the State legislature that 
begins after the date of enactment of this section. 
For purposes of the previous sentence, in the case 
of a State that has a 2-year legislative session, each 
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year of the session shall be considered to be a sepa-
rate regular session of the State legislature. 
Passed the House of Representatives June 19, 2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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