[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3289 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3289

  To expand the Medicaid home and community-based services waiver to 
   include young individuals who are in need of services that would 
otherwise be required to be provided through a psychiatric residential 
 treatment facility, and to change references in Federal law to mental 
        retardation to references to an intellectual disability.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2012

Mr. Kerry (for himself and Mr. Grassley) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To expand the Medicaid home and community-based services waiver to 
   include young individuals who are in need of services that would 
otherwise be required to be provided through a psychiatric residential 
 treatment facility, and to change references in Federal law to mental 
        retardation to references to an intellectual disability.

    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 ``Children's Mental Health 
Accessibility Act of 2012''.

SEC. 2. EXPANDING THE MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER 
              TO INCLUDE YOUTH IN NEED OF SERVICES PROVIDED IN A 
              PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY.

    (a) In General.--Section 1915(c) of the Social Security Act (42 
U.S.C. 1396n(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``a hospital or a nursing facility 
                or intermediate care facility for the mentally 
                retarded'' and inserting ``a hospital, a nursing 
                facility, an intermediate care facility for the 
                intellectually disabled, or a psychiatric residential 
                treatment facility,''; and
                    (B) by striking ``a hospital, nursing facility, or 
                intermediate care facility for the mentally retarded'' 
                and inserting ``a hospital, nursing facility, 
                intermediate care facility for the intellectually 
                disabled, or psychiatric residential treatment 
                facility'';
            (2) in paragraph (2)(B), by striking ``or services in an 
        intermediate care facility for the mentally retarded'' each 
        place it appears and inserting ``services in an intermediate 
        care facility for the intellectually disabled, or services in a 
        psychiatric residential treatment facility'';
            (3) in paragraph (2)(C)--
                    (A) by striking ``or intermediate care facility for 
                the mentally retarded'' and inserting ``intermediate 
                care facility for the intellectually disabled, or 
                psychiatric residential treatment facility''; and
                    (B) by striking ``or services in an intermediate 
                care facility for the mentally retarded'' and inserting 
                ``services in an intermediate care facility for the 
                intellectually disabled, or services in a psychiatric 
                residential treatment facility'';
            (4) in paragraph (7)(A), by striking ``or intermediate care 
        facilities for the mentally retarded,'' and inserting 
        ``intermediate care facilities for the intellectually disabled, 
        or psychiatric residential treatment facilities,''; and
            (5) by adding at the end the following new paragraph:
    ``(11) For purposes of this subsection, the term `psychiatric 
residential treatment facility' means a facility other than a hospital 
that is certified as meeting the requirements specified in regulations 
promulgated for such facilities under section 1905(h)(1) and that 
provides psychiatric services in an inpatient setting to individuals 
under age 21 for which medical assistance is available under a State 
plan under this title.''.
    (b) Waiver Limitation.--Section 1915(c) of such Act, as amended by 
subsection (a), is further amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (D), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                subparagraphs:
            ``(F) under the waiver, the total number of Medicaid 
        inpatient bed days at psychiatric residential treatment 
        facilities during each fiscal year within the waiver period 
        will not exceed the total number of Medicaid inpatient bed days 
        at such facilities for the previous fiscal year as increased by 
        the estimated percentage increase (if any) in the population of 
        individuals under age 21 residing in the State over the 
        preceding 12-month period; and
            ``(G) the State will provide to the Secretary annually, 
        subject to such requirements as the Secretary determines 
        appropriate, relevant information and evidence as to the manner 
        in which the State will satisfy the requirements described in 
        subparagraph (F).''; and
            (2) by adding at the end the following new paragraph:
    ``(12) For purposes of paragraph (2)(F), an individual who is under 
age 21 and is an inpatient in a bed in a psychiatric residential 
treatment facility for a single day shall be counted as one inpatient 
bed day.''.

SEC. 3. APPLICATION OF ROSA'S LAW FOR INDIVIDUALS WITH INTELLECTUAL 
              DISABILITIES.

    (a) References in the Social Security Act.--
            (1) In general.--With the exception of section 1930(b) of 
        the Social Security Act (42 U.S.C. 1396u(b)), such Act, as 
        amended by section 2, is further amended--
                    (A) by striking, wherever it appears, ``State 
                mental retardation or developmental disability 
                authority'' and inserting ``State intellectual 
                disability or developmental disability authority'';
                    (B) by striking, wherever it appears, ``mental 
                retardation'' and inserting ``intellectual 
                disabilities''; and
                    (C) by striking, wherever it appears, ``mentally 
                retarded'' and inserting ``intellectually disabled''.
            (2) Conforming amendment.--
                    (A) In general.--Section 1902(e)(14)(F) of such 
                Act, as added by section 2002(a) of Public Law 111-148, 
                is amended by striking ``mentally retarded'' and 
                inserting ``intellectually disabled''.
                    (B) Effective date.--The amendment made under 
                subparagraph (A) shall take effect on January 2, 2014.
    (b) References.--
            (1) In general.--For purposes of each provision amended by 
        this Act, issuing or amending regulations to carry out a 
        provision amended by this Act, or issuing any publication or 
        other official communication in regards to any provision of the 
        Social Security Act--
                    (A) a reference to an intellectual disability shall 
                mean a condition previously referred to as mental 
                retardation, or a variation of such term, and shall 
                have the same meaning with respect to programs, or 
                qualifications for such programs, for individuals with 
                such a condition;
                    (B) a reference to an individual who is 
                intellectually disabled shall mean an individual who 
                was previously referred to as an individual who is 
                mentally retarded, an individual with mental 
                retardation, or variations of such terms;
                    (C) a reference to an intermediate care facility 
                for the intellectually disabled shall mean a facility 
                that was previously referred to as an intermediate care 
                facility for the mentally retarded; and
                    (D) a reference to a State intellectual disability 
                or developmental disability authority shall mean an 
                entity that was previously referred to as a State 
                mental retardation or developmental disability 
                authority.
            (2) Regulations.--For purposes of amending regulations to 
        carry out this Act, a Federal agency shall ensure that the 
        regulations clearly state--
                    (A) that an intellectual disability was formerly 
                termed mental retardation;
                    (B) that individuals with intellectual disabilities 
                were formerly termed individuals who are mentally 
                retarded;
                    (C) that an intermediate care facility for the 
                intellectually disabled was formerly termed an 
                intermediate care facility for the mentally retarded; 
                and
                    (D) that a State intellectual disability or 
                developmental disability authority was formerly termed 
                a State mental retardation or developmental disability 
                authority.
    (c) Rule of Construction.--This Act shall be construed to make 
amendments to provisions of Federal law to substitute the term 
``intellectual disability'' for ``mental retardation'' or any variation 
of such term without any intent to--
            (1) change the coverage, eligibility, rights, 
        responsibilities, or definitions referred to in the amended 
        provisions; or
            (2) compel States to change terminology in State laws for 
        individuals covered by a provision amended by this Act.
                                 <all>