[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3865 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 3865

 To provide for alternative and updated certification requirements for 
participation under Medicaid State plans under title XIX of the Social 
 Security Act in the case of certain facilities treating infants under 
   one year of age with neonatal abstinence syndrome, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 29, 2015

Mr. Jenkins of West Virginia (for himself, Ms. Clark of Massachusetts, 
Mr. Stivers, Mrs. Wagner, Ms. Kuster, Mrs. Blackburn, Mr. McKinley, Mr. 
  Boustany, Mr. Mooney of West Virginia, Mr. Poliquin, Mr. Dold, Mr. 
MacArthur, Mr. Lance, Mr. Salmon, Mr. Grothman, Mr. Tiberi, Mr. Jolly, 
 Mr. Womack, Mr. Rodney Davis of Illinois, Mr. Turner, Mr. Guinta, Mr. 
Byrne, Ms. Kaptur, and Mr. Himes) introduced the following bill; which 
          was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To provide for alternative and updated certification requirements for 
participation under Medicaid State plans under title XIX of the Social 
 Security Act in the case of certain facilities treating infants under 
   one year of age with neonatal abstinence syndrome, 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 ``Cradle Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Neonatal abstinence syndrome (referred to in this 
        section as ``NAS'') is a group of conditions a newborn can have 
        if the newborn was exposed to drugs, including opioids while in 
        the womb before birth.
            (2) According to a report of the Government Accountability 
        Office (referred to in this section as the ``GAO report'') 
        symptoms of NAS include irritability, loud crying, stiffness, 
        sweating, vomiting, diarrhea, poor feeding, seizures, and 
        respiratory distress.
            (3) According to the GAO report, it is recommended that 
        newborns with NAS receive a thorough evaluation and specialized 
        and innovative treatment, when warranted.
            (4) According to the GAO report, there is a program gap of 
        available treatment programs for both pregnant women and 
        newborns with NAS.
            (5) According to the GAO report, newborns with NAS stayed 
        in the hospital on average 16 days with an average hospital 
        bill of $53,000.
            (6) According to GAO reports, NAS has more than quadrupled 
        in the past decade, increasing from 1.2 per 1,000 hospital 
        births per year in 2000 to 5.8 per 1,000 hospital births per 
        year in 2012; and some regional studies have reported much 
        higher incidences.
            (7) Addressing the treatment of infants diagnosed with NAS 
        will take innovative, specialized, and collaborative efforts.

SEC. 3. GUIDELINES FOR CERTIFICATION FOR PARTICIPATION UNDER MEDICAID 
              STATE PLANS OF CERTAIN FACILITIES TREATING INFANTS UNDER 
              ONE YEAR OF AGE WITH NEONATAL ABSTINENCE SYNDROME.

    (a) In General.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
establish guidelines, in accordance with subsection (b), for State 
agencies and recognized national listing or accrediting bodies to 
follow for purposes of certifying a residential pediatric recovery 
center as qualifying for a provider agreement for participation under a 
State plan under the Medicaid program under title XIX of the Social 
Security Act. Notwithstanding any other provision of law, a residential 
pediatric recovery center may satisfy the requirements set forth in 
such guidelines, in lieu of any comparable requirements otherwise 
applicable to such a center for purposes of certification for 
participation under such a State plan.
    (b) Guidelines Described.--The guidelines established under 
subsection (a) shall--
            (1) provide for physical environment requirements and other 
        necessary requirements specifically applicable to treating 
        individuals who are under one year of age with the diagnosis of 
        neonatal abstinence syndrome without any other significant 
        medical risk factors; and
            (2) take into account that certain physical environment 
        requirements, and any other requirements, needed for centers or 
        facilities treating adults may not be necessary for centers or 
        facilities treating individuals described in paragraph (1).
    (c) Residential Pediatric Recovery Center.--For purposes of this 
Act, the term ``residential pediatric recovery center'' means a center 
or facility that furnishes items and services to infants who are under 
one year of age with the diagnosis of neonatal abstinence syndrome 
without any other significant medical risk factors and mothers of such 
infants.

SEC. 4. STATE LAW LICENSURE OF CERTAIN FACILITIES SATISFIES 
              CERTIFICATION REQUIREMENTS.

    Notwithstanding any other provision of law, in the case of a State 
that recognizes and licenses residential pediatric recovery centers (as 
defined in section 3(c)), such a center that is licensed, in accordance 
with such State law, shall be treated as satisfying any comparable 
requirements otherwise applicable to such a center for purposes of 
certification for participation under the State plan under the Medicaid 
program under title XIX of the Social Security Act.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of Congress that residential pediatric recovery 
centers (as defined in section 3(c)) should offer counseling and other 
services to mothers (and other appropriate family members and 
caretakers) of infants receiving treatment at such centers. Such 
services may include the following:
            (1) Counseling or referrals for services.
            (2) Activities to encourage mother-infant bonding.
            (3) Training on caring for such infants.
            (4) Activities to encourage transparency of relevant State 
        mandatory reporting requirements.
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