I 
115TH CONGRESS 
1ST SESSION H. R. 3192 
To amend title XXI of the Social Security Act to ensure access to mental 
health services for children under the Children’s Health Insurance Pro-
gram, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2017 
Mr. KENNEDY (for himself and Mrs. NAPOLITANO) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘CHIP Mental Health 
Parity Act’’. 
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SEC. 2. ENSURING ACCESS TO MENTAL HEALTH SERVICES 
FOR CHILDREN 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 services and substance 
use disorder services (including behavioral 
health treatment).’’. 
(b) MENTAL HEALTH 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
SERVICES.—The child 
health assistance provided to a targeted low-income 
child or pregnant woman shall— 
‘‘(A) include coverage of mental health 
services necessary to prevent, diagnose, and 
treat a broad range of mental health symptoms 
and disorders, including substance use dis-
orders; and 
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‘‘(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(b)(5)(A)(i) of the Social 
Security Act (42 U.S.C. 1397ee(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 or substance use disorder benefits 
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provided under such plan comply with the re-
quirements of section 2705(a) of the Public 
Health Service Act in the same manner as such 
requirements 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 on October 1, 2017. 
(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. 
Æ 
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