II 112th CONGRESS 2d Session S. 3289 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.

1.

Short title

This Act may be cited as the Children's Mental Health Accessibility Act of 2012.

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. .

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.