[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 835 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 835

  To amend title XIX of the Social Security Act to provide a standard 
      definition of therapeutic foster care services in Medicaid.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2015

  Ms. DeLauro (for herself, Mr. Cole, Ms. Bass, and Mr. Butterfield) 
 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 a standard 
      definition of therapeutic foster care services in Medicaid.

    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 ``Family-Based Foster Care Services 
Act of 2015''.

SEC. 2. INCLUSION OF THERAPEUTIC FOSTER CARE AS MEDICAL ASSISTANCE.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (28), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (29) as paragraph 
                (30); and
                    (C) by inserting after paragraph (28) the following 
                new paragraph:
            ``(29) therapeutic foster care services described in 
        subsection (ee); and''; and
            (2) by adding at the end the following new subsection:
    ``(ee)(1) For purposes of subsection (a)(29), subject to 
subparagraph (C), therapeutic foster care services described in this 
subsection are services provided for children who have not attained age 
21, and who, as a result of mental illness, other emotional or 
behavioral disorders, medically fragile conditions, or developmental 
disabilities, need the level of care provided in an institution 
(including a psychiatric residential treatment facility) or nursing 
facility the cost of which may be reimbursed under the State plan but 
who can be cared for or maintained in a community placement, through a 
qualified therapeutic foster care program described in paragraph (2).
    ``(2) A qualified therapeutic foster care program described in this 
paragraph is a program that--
            ``(A) not later than 3 years after the date of enactment of 
        this subsection, is licensed by the State and accredited by the 
        Joint Commission on Accreditation of Healthcare Organizations, 
        the Commission on Accreditation of Rehabilitation Facilities, 
        the Council on Accreditation, or by another equivalent 
        accreditation agency (or agencies) as the Secretary may 
        recognize;
            ``(B) provides structured daily activities, including the 
        development, improvement, monitoring, and reinforcing of age-
        appropriate social, communication and behavioral skills, 
        trauma-informed and gender-responsive services, crisis 
        intervention and crisis support services, medication 
        monitoring, counseling, and case management, and may furnish 
        other intensive community services; and
            ``(C) provides biological parents, kinship caregivers, and 
        foster care parents with specialized training and consultation 
        in the management of children with mental illness, trauma, 
        other emotional or behavioral disorders, medically fragile 
        conditions, or developmental disabilities, the impact of trauma 
        on child and caregiver, and specific additional training on the 
        needs of each child provided such services.
    ``(3) In making coverage determinations under paragraph (1), a 
State may employ medical necessity criteria that are similar to the 
medical necessity criteria applied to coverage determinations for other 
services and supports under this title.
    ``(4) The services described in this subsection do not include the 
training referred to in paragraph (2)(C).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to calendar quarters beginning on or after the date of enactment 
of this Act.
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