[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2253 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2253

   To amend title XXI of the Social Security Act to ensure access to 
    mental health services for children under the Children's Health 
               Insurance Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2017

 Ms. Stabenow (for herself, Ms. Warren, and Mr. Markey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
   To amend title XXI of the Social Security Act to ensure access to 
    mental health services for children under the Children's Health 
               Insurance Program, 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 ``CHIP Mental Health Parity Act''.

SEC. 2. ENSURING ACCESS TO MENTAL HEALTH SERVICES FOR CHILDREN UNDER 
              THE CHILDREN'S HEALTH INSURANCE PROGRAM.

    (a) In General.--Section 2103(c)(1) of the Social Security Act (42 
U.S.C. 1397cc(c)(1)) is amended by adding at the end the following new 
subparagraph:
                    ``(E) Mental health services and substance use 
                disorder services (including behavioral health 
                treatment).''.
    (b) Mental Health Services.--
            (1) In general.--Section 2103(c) of the Social Security Act 
        (42 U.S.C. 1397cc(c)) is amended--
                    (A) by redesignating paragraphs (5), (6), (7), and 
                (8) as paragraphs (6), (7), (8), and (9), respectively; 
                and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) Mental health services.--The child health assistance 
        provided to a targeted low-income child or pregnant woman 
        shall--
                    ``(A) include coverage of mental health services 
                necessary to prevent, diagnose, and treat a broad range 
                of mental health symptoms and disorders, including 
                substance use disorders; and
                    ``(B) be delivered in a culturally and 
                linguistically appropriate manner.''.
            (2) Conforming amendments.--
                    (A) Section 2103(a) of the Social Security Act (42 
                U.S.C. 1397cc(a)) is amended, in the matter before 
                paragraph (1), by striking ``paragraphs (5), (6), and 
                (7)'' and inserting ``paragraphs (5), (6), (7), and 
                (8)''.
                    (B) Section 2110(b)(5)(A)(i) of the Social Security 
                Act (42 U.S.C. 1397ee(b)(5)(A)(i)) is amended by 
                striking ``subsection (c)(5)'' and inserting 
                ``subsection (c)(6)''.
    (c) Assuring Access to Care.--Section 2102(a)(7)(B) of the Social 
Security Act (42 U.S.C. 1397bb(c)(2)) is amended by striking ``section 
2103(c)(5)'' and inserting ``paragraphs (5) and (6) of section 
2103(c)''.
    (d) Mental Health Services Parity.--Subparagraph (A) of paragraph 
(7) of section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) 
(as redesignated by subsection (b)(1)) is amended to read as follows:
                    ``(A) In general.--A State child health plan shall 
                ensure that the financial requirements and treatment 
                limitations applicable to mental health or substance 
                use disorder benefits provided under such plan comply 
                with the requirements of section 2726(a) of the Public 
                Health Service Act in the same manner as such 
                requirements or limitations apply to a group health 
                plan under such section.''.
    (e) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall take effect on January 1, 2018.
            (2) Exception for state legislation.--In the case of a 
        State child health plan under title XXI of the Social Security 
        Act (or a waiver of such plan), which the Secretary of Health 
        and Human Services determines requires State legislation in 
        order for the respective plan (or waiver) to meet any 
        requirement imposed by the amendments made by this section, the 
        respective plan (or waiver) shall not be regarded as failing to 
        comply with the requirements of such title solely on the basis 
        of its failure to meet such an additional requirement before 
        the first day of the first calendar quarter beginning after the 
        close of the first regular session of the State legislature 
        that begins after the date of enactment of this section. For 
        purposes of the previous sentence, in the case of a State that 
        has a 2-year legislative session, each year of the session 
        shall be considered to be a separate regular session of the 
        State legislature.
                                 <all>