I115th CONGRESS1st SessionH. R. 2239IN THE HOUSE OF REPRESENTATIVESApril 28, 2017Ms. Fudge (for herself, Mr. Ryan of Ohio, Ms. Kaptur, and Mrs. Beatty) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XIX of the Social Security Act to provide for a State Medicaid option to provide coverage of community-based inpatient substance use disorder treatment for nonelderly adults, to remove such services from the Medicaid exclusion from medical assistance of items and services for patients in an institution for mental diseases, and for other purposes.

1.

Short title

This Act may be cited as the Breaking Addiction Act of 2017.

2.

State option to provide medical assistance for community-based inpatient substance use disorder treatment services to nonelderly adults

(a)

In general

Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended— (1)in subsection (a)(16)— (A)by striking , and, (B) and inserting , (B); and (B)by inserting before the semicolon at the end the following: , and (C) community-based inpatient substance use disorder treatment services for individuals over 21 years of age and under 65 years of age; and (2)in subsection (h)— (A)in paragraph (1)(B), by inserting (including a substance use disorder) after mental health conditions; and (B)by adding at the end the following new paragraph: (3)For purposes of subsection (a)(16)(C), the term community-based inpatient substance use disorder treatment services means services described in subparagraphs (A) and (B) of paragraph (1) that are furnished in an institution for mental diseases (as defined in section 1905(i) of the Social Security Act (42 U.S.C. 1396d(i)) that has not more than 60 beds.. (b)

Report to Congress

Not later than 4 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress, and make available to the public, a report on the availability of, and access to, community-based inpatient substance use disorder treatment services provided under State Medicaid plans under title XIX of the Social Security Act (or waivers of such plans) (42 U.S.C. 1396 et seq.) pursuant to the amendments made by subsection (a). The report shall include recommendations regarding a permanent and expanded waiver of the limitation on payment under the subdivision (B) following section 1905(a)(29) of the Social Security Act (42 U.S.C. 1396d(a)(29)) to permit all States to provide such services to all individuals eligible to receive medical assistance under such State Medicaid plans. (c)

Effective date

The amendments made by subsection (a) shall apply to calendar quarters beginning on or after the date that is 30 days after the date of the enactment of this Act, but in no case shall such amendments apply earlier than October 1, 2017.