[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5331 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5331

To amend title XIX of the Social Security Act to provide for behavioral 
     health infrastructure improvements under the Medicaid program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2016

Mr. Ben Ray Lujan of New Mexico (for himself, Mr. Kennedy, Ms. Michelle 
  Lujan Grisham of New Mexico, Mrs. Napolitano, and Ms. Clarke of New 
    York) 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 provide for behavioral 
     health infrastructure improvements under the Medicaid program.

    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 ``Behavioral Health Infrastructure 
Improvement Act''.

SEC. 2. BEHAVIORAL HEALTH INFRASTRUCTURE IMPROVEMENTS.

    (a) Enhanced FMAP for Infrastructure Improvements.--
            (1) In general.--Section 1903(a)(3) of the Social Security 
        Act (42 U.S.C. 1396b(a)(3)) is amended by adding at the end the 
        following:
            ``(I) for calendar quarters beginning during the 5-year 
        period beginning on or after the date of the enactment of this 
        subparagraph, 90 percent of the sums expended during the 
        quarter as are attributable to the design, development, 
        implementation, or improvement of infrastructure and systems 
        carried out for purposes of, with respect to behavioral health 
        services and substance abuse treatment services, providing for 
        enhanced data collection and reporting to the Secretary and 
        tracking and ensuring access to such services by individuals 
        eligible to receive medical assistance under the State plan 
        under this title (or under a waiver of the plan); plus''.
            (2) Reports.--For each year during which subparagraph (I) 
        of section 1903(a)(3) of the Social Security Act (42 U.S.C. 
        1396b(a)(3)), as added by paragraph (1), applies, the Secretary 
        of Health and Human Services shall submit to Congress a report 
        on the affects of such subparagraph, including best practices 
        for States receiving reimbursement for expenditures under such 
        subparagraph and the effectiveness of such expenditures made by 
        such States.
    (b) Behavioral Health Information for Medicaid Beneficiaries.--
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is 
amended by adding at the end the following:

``SEC. 1947. BEHAVIORAL HEALTH INFORMATION FOR MEDICAID BENEFICIARIES.

    ``(a) In General.--The Secretary shall award grants to States to 
enable such States to establish, expand, or provide support for--
            ``(1) offices of behavioral health assistance that provide 
        assistance to individuals eligible to receive medical 
        assistance under this title; or
            ``(2) behavioral health ombudsman programs that are 
        independent of any State agency,
in a manner that ensures coordination with other relevant programs of 
the State for assisting individuals receiving medical assistance under 
this title who have a broad range of health concerns, including 
relating to behavioral health and substance abuse treatment.
    ``(b) Eligibility.--
            ``(1) In general.--To be eligible to receive a grant, a 
        State shall designate an independent office of behavioral 
        health assistance described in paragraph (1) of subsection (a), 
        or an ombudsman described in paragraph (2) of such subsection, 
        that--
                    ``(A) has specialized knowledge of behavioral 
                health and substance abuse and experience resolving 
                inquiries and complaints described in subparagraph (B); 
                and
                    ``(B) directly or in coordination with State 
                Medicaid agencies, departments of insurance, and 
                consumer assistance organizations, receives and 
                responds to inquiries and complaints concerning access 
                to behavioral health services and substance abuse 
                treatment services.
            ``(2) Criteria.--A State that receives a grant under this 
        section shall comply with criteria established by the Secretary 
        for carrying out activities under such grant.
            ``(3) Additional requirement.--A State that receives a 
        grant under this section, with respect to an office described 
        in subsection (a)(1) or a behavioral health ombudsman program 
        described in subsection (a)(2), shall coordinate such office or 
        program with other programs of such State that serve 
        individuals receiving medical assistance under this title, such 
        as a consumer assistance program, long-term care ombudsman 
        program, aging and disability resource center, a Medicaid 
        managed care ombudsman program, or a mental health ombudsman 
        program.
            ``(4) Clarification.--A grant provided to a State under 
        subsection (a) may be used by the State to expand a program of 
        such State that services individuals receiving medical 
        assistance, such as a program described in paragraph (3), to 
        include an office or program described in subsection (a) or a 
        division that would provide for the functions that such an 
        office or program would otherwise provide.
    ``(c) Duties.--The office of behavioral health assistance described 
in paragraph (1) of subsection (a), or an ombudsman referred to in 
paragraph (2) of such subsection shall--
            ``(1) collect, track, and quantify problems and inquiries 
        encountered by individuals eligible for medical assistance 
        under this title with respect to access to behavioral health 
        services and substance abuse treatment services;
            ``(2) educate such individuals on the rights and 
        responsibilities of such individuals with respect to such 
        access and assist such individuals in the enforcement of such 
        rights with respects to such access; and
            ``(3) assist such individuals with accessing behavioral 
        health services and substance abuse treatment services by 
        providing information, referral, care coordination, and other 
        assistance.
    ``(d) Data Collection.--As a condition of receiving a grant under 
subsection (a), an office of behavioral health assistance described in 
paragraph (1) of subsection (a), or an ombudsman described in paragraph 
(2) of such subsection shall be required to collect and report data to 
the Secretary, State legislature, relevant State agencies, including 
the departments of insurance and the State attorney general, on the 
types of problems and inquiries encountered by individuals with respect 
to access to behavioral health services and substance abuse treatment 
services.
    ``(e) Report to Congress.--Not later than two years after the date 
of the enactment of this section, the Secretary shall submit to 
Congress a report on the data collected under subsection (d).
    ``(f) Funding.--
            ``(1) Initial funding.--There is hereby appropriated to the 
        Secretary, out of any funds in the Treasury not otherwise 
        appropriated, $30,000,000 for the first fiscal year for which 
        this section applies to carry out this section. Such amount 
        shall remain available without fiscal year limitation.
            ``(2) Authorization for subsequent years.--There is 
        authorized to be appropriated to the Secretary for each fiscal 
        year following the fiscal year described in paragraph (1), such 
        sums as may be necessary to carry out this section.
    ``(g) State Medicaid Agency.--In this section, the term `State 
Medicaid agency' means the State agency administering the State plan 
under this title (or a waiver of such plan).''.
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