To amend title XIX of the Social Security Act to make permanent the State plan amendment option to provide medical assistance for certain individuals who are patients in certain institutions for mental diseases, and for other purposes.

Bill: 117-hr-7378
Sponsor: full_name: Rep. Burgess, Michael C. [R-TX-26]
Introduced: 2022-04-04
Policy area: Health
Latest action: action_date: 2022-04-05
text: Referred to the Subcommittee on Health.

Summaries:
action_date: 2022-04-04
action_desc: Introduced in House
text: <p>This bill permanently allows state Medicaid programs to receive federal payment for substance-use disorder services that are provided at institutions for mental diseases (IMDs) for individuals aged 21 to 64. The bill also extends the maximum length of stay over a 12-month period from 30 days to 45 days.</p> <p>In addition, the bill provides statutory authority for a 2018 letter from the Centers for Medicare &amp; Medicaid Services that provided for Medicaid demonstration programs for IMD mental health services for adults and children; the bill similarly increases the average length of stay under such programs to 45 days.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 7378 IN THE HOUSE OF REPRESENTATIVES April 4, 2022 Mr. Burgess introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to make permanent the State plan amendment option to provide medical assistance for certain individuals who are patients in certain institutions for mental diseases, and for other purposes.

1. Lifting the IMD exclusion for substance use disorder and serious mental illness (a) Making permanent State Plan Amendment Option To Provide Medical Assistance for Certain Individuals Who Are Patients in Certain Institutions for Mental Diseases Section 1915(l)(1) of the Social Security Act ( 42 U.S.C. 1396n(l)(1) ) is amended by striking With respect to calendar quarters beginning during the period beginning October 1, 2019, and ending September 30, 2023, and inserting With respect to calendar quarters beginning on or after October 1, 2019, . (b) Lengths of stay Section 1915(l)(2) of the Social Security Act ( 42 U.S.C. 1396n(l)(2) ) is amended— (1) by striking 30 days and inserting 45 days ; and (2) by adding at the end the following new sentence: Nothing in this paragraph shall be construed as precluding a State from using other authorities, including section 1115, that apply with respect to medical assistance under the State plan under this title, or waiver of such plan, for delivering care in certain institutions for mental diseases with more than 16 beds concurrently with this paragraph and allowing for stays in such institutions for mental diseases equal to the combined total lengths of stays permitted under the respective authorities so long as all requirements for such authorities are met. . (c) Codification of State Medicaid Director Letter #18–011 Beginning on the date of the enactment of this Act, the State Medicaid Director Letter #18–011 shall have the force and effect of law, except that in applying such letter, with respect to a State, the State mental health director (or such other similar actor) may allow for up to 45 days for the Statewide average length of stay described in such letter.