Treatment Family Care Services Act
Bill: S.3761 | Sponsor: Sen. Baldwin, Tammy (D-WI)
Policy area: Health

Summary:
Treatment Family Care Services Act
This bill requires the Department of Health and Human Services (HHS) to issue guidance for states about funding and establishing treatment family care services.
Treatment family care services are structured daily services and interventions to address mental and behavioral health disorders, medically fragile conditions, or developmental disabilities that, among other criteria, are provided in a home-based setting to children who are less than 21 years old and enrolled in any Medicaid eligibility group.
Specifically, HHS must issue guidance on (1) opportunities for states to fund treatment family care services through Medicaid, federal foster care and related programs, or other HHS programs; and (2) best practices for states to establish treatment family care services programs.
The bill also requires the Government Accountability Office to assess and report on certain training provided to foster parents and other caregivers, including recommendations for improving state processes related to approval and oversight of the training.

To support the provision of treatment family care services, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Treatment Family Care Services 
Act''.

SEC. 2. SUPPORTING THE PROVISION OF TREATMENT FAMILY CARE SERVICES.

    (a) Definitions.--In this section:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4 of the Indian Health Care 
        Improvement Act (25 U.S.C. 1603).
            (2) Medicaid program.--The term ``Medicaid program'' means 
        the program for grants to States for medical assistance 
        programs established under title XIX of the Social Security Act 
        (42 U.S.C. 1396 et seq.).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (4) State.--The term ``State'' has the meaning given that 
        term in section 1101 of the Social Security Act (42 U.S.C. 
        1301) for purposes of titles IV and XIX of such Act (42 U.S.C. 
        601 et seq., 1396 et seq.).
            (5) Title iv-e program.--The term ``title IV-E program'' 
        means the program for foster care, prevention, and permanency 
        established under part E of title IV of the Social Security Act 
        (42 U.S.C. 670 et seq.).
            (6) Treatment family care services.--The term ``treatment 
        family care services'' means structured daily services and 
        interventions provided in a home-based or family-based setting, 
        which may adopt a trauma-informed and gender-responsive 
        approach and may include services addressing the development, 
        improvement, monitoring, and reinforcing of age-appropriate 
        social, communication, and behavioral skills, crisis 
        intervention and crisis support services, medication 
        monitoring, counseling, and case management, for children 
        enrolled in any Medicaid eligibility group (as such term is 
        defined for purposes of the Medicaid or CHIP program) who have 
        not attained age 21, and who, as a result of mental illness, 
        other emotional or behavioral disorders, medically fragile 
        conditions, or developmental disabilities, need additional or 
        specialized care, the cost of which could be reimbursed under 
        the State Medicaid program or the title IV-E program but who 
        can receive services in a home-based or family-based setting.
    (b) Guidance on Treatment Family Care Services.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Administrator of the Centers for Medicare & Medicaid Services 
        and the Assistant Secretary of the Administration for Children 
        and Families, shall develop and issue guidance to States and 
        Indian tribes identifying opportunities to fund treatment 
        family care services for children enrolled in any Medicaid 
        eligibility group.
            (2) Additional requirements.--The guidance required under 
        paragraph (1) shall include descriptions of the following:
                    (A) Existing opportunities and flexibilities under 
                the Medicaid or CHIP program, including under waivers 
                authorized under section 1115 or 1915 of the Social 
                Security Act (42 U.S.C. 1315, 1396n), for States to 
                receive Federal funding under that program for the 
                provision of treatment family care services for 
                children enrolled in any Medicaid eligibility group, 
                and as requested by States and subject to approval by 
                the Secretary.
                    (B) Funding opportunities and flexibilities under 
                the title IV-E program, including for specialized 
                training and consultation for biological parents, 
                relative and kinship caregivers, adoptive parents, and 
                foster parents, administrative costs related to in-home 
                prevention services to candidates for foster care and 
                their parents or kin caregivers, and reunification 
                services for youth returning from foster care, as well 
                as other services identified by the Secretary.
                    (C) How States can employ and coordinate funding 
                provided under the Medicaid or CHIP program, the title 
                IV-E program, and other programs administered by the 
                Secretary to support the provision of treatment family 
                care services.
    (c) Best Practices for Establishing Programs To Provide Treatment 
Family Care Services.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Administrator of the Centers for Medicare & Medicaid Services 
        and the Assistant Secretary of the Administration for Children 
        and Families, shall develop and issue guidance to States 
        identifying best practices for establishing programs to provide 
        treatment family care services.
            (2) Collaboration required.--Before issuing guidance on 
        best practices, the Secretary shall solicit input from 
        representatives of States and Indian tribes, health care 
        providers with expertise in child trauma and child development, 
        children with mental illness, or other emotional or behavioral 
        disorders, recipients of treatment family care services, foster 
        and kinship care families, and other relevant experts and 
        stakeholders.
            (3) Additional requirements.--The guidance required under 
        paragraph (1) shall include the following:
                    (A) Best practices for the organization and 
                provision of treatment family care services and 
                supports.
                    (B) Identification of services and supports 
                included in successful programs that provide treatment 
                family care services.
                    (C) Descriptions of State standards for licensing 
                and accrediting programs that provide treatment family 
                care services to ensure providers are appropriately 
                licensed and trained to provide high-quality treatment 
                family care services, including best practices 
                concerning State requirements for such licensure and 
                accreditation by recognized national independent, not-
                for-profit entities that accredit health care 
                organizations or by any other independent, not-for-
                profit accrediting organizations approved by the State.
            (4) Rule of construction.--Nothing in this subsection shall 
        be construed as requiring the Secretary to establish an 
        advisory committee subject to the provisions of the Federal 
        Advisory Committee Act (5 U.S.C. App.).
    (d) GAO Study and Report.--Not later than 2 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study and submit a report to Congress assessing States' 
and Tribes' progress in taking steps to ensure foster parents and other 
caregivers who are eligible for training for which Federal payments are 
available under the title IV-E program are provided with necessary and 
appropriate training to meet the individual needs of foster children 
placed in their care, consistent with the requirements of sections 
471(a)(24) and 477(b)(3)(D) of the Social Security Act (42 U.S.C. 
671(a)(24), 677(b)(3)(D)). Such assessment shall also include an 
analysis of, and recommendations, if any, to relevant Federal agencies 
to improve, State review, approval and oversight of all such training 
(whether provided directly by the State or under contract with a public 
or private agency responsible for finding, placing, or monitoring the 
placement of children in foster family homes).
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