[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3649 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3649

  To support the provision of treatment family care services, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2019

   Ms. DeLauro (for herself, Mr. Cole, Ms. Bass, Mr. Mullin, and Ms. 
   DeGette) introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To support the provision of treatment family care services, 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 ``Treatment Family Care Services 
Act''.

SEC. 2. SUPPORTING THE PROVISION OF TREATMENT FAMILY CARE SERVICES.

    (a) Definitions.--In this section:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that terms in section 4 of the Indian Health Care 
        Improvement Act (25 U.S.C. 1603).
            (2) Medicaid program.--The term ``Medicaid program'' means 
        the program for grants to States for medical assistance 
        programs established under title XIX of the Social Security Act 
        (42 U.S.C. 1396 et seq.).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (4) State.--The term ``State'' has the meaning given that 
        term in section 1101 of the Social Security Act (42 U.S.C. 
        1301) for purposes of titles IV and XIX of such Act (42 U.S.C. 
        601 et seq., 1396 et seq.).
            (5) Title iv-e program.--The term ``title IV-E program'' 
        means the program for foster care, prevention, and permanency 
        established under part E of title IV of the Social Security Act 
        (42 U.S.C. 670 et seq.).
            (6) Treatment family care services.--The term ``treatment 
        family care services'' means structured daily services and 
        interventions provided in a home-based setting 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 a psychiatric residential treatment 
        or congregate care facility the cost of which could be 
        reimbursed under the State Medicaid program or the title IV-E 
        program but who can receive services in a family-based setting.
    (b) Guidance on Treatment Family Care Services.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Administrator of the Centers for Medicare & Medicaid Services 
        and the Assistant Secretary of the Administration for Children 
        and Families, shall develop and issue guidance to States and 
        Indian tribes identifying opportunities to fund treatment 
        family care services.
            (2) Additional requirements.--The guidance required under 
        paragraph (1) shall include descriptions of the following:
                    (A) Existing opportunities and flexibilities under 
                the Medicaid program, including under waivers 
                authorized under section 1115 or 1915 of the Social 
                Security Act (42 U.S.C. 1315, 1396n), for States to 
                receive Federal funding under that program for the 
                provision of treatment family care services, including 
                services addressing 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 other intensive 
                community services identified by the Secretary.
                    (B) Funding opportunities and flexibilities under 
                the title IV-E program, including for specialized 
                training and consultation for biological parents, 
                relative and kinship caregivers, adoptive parents, and 
                foster parents, administrative costs related to in-home 
                prevention services to candidates for foster care and 
                their parents or kin caregivers, and reunification 
                services for youth returning from foster care, as well 
                as other services identified by the Secretary.
                    (C) How States can employ and coordinate funding 
                provided under the Medicaid program, the title IV-E 
                program, and other programs administered by the 
                Secretary to support the provision of treatment family 
                care services.
    (c) Best Practices for Establishing Programs To Provide Treatment 
Family Care Services.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Administrator of the Centers for Medicare & Medicaid Services 
        and the Assistant Secretary of the Administration for Children 
        and Families, shall develop and issue guidance to States 
        identifying best practices for establishing programs to provide 
        treatment family care services.
            (2) Collaboration required.--Before issuing guidance on 
        best practices, the Secretary shall solicit input from 
        representatives of States and Indian tribes, health care 
        providers with expertise in child trauma and child development, 
        children with mental illness, or other emotional or behavioral 
        disorders, recipients of treatment family care services, foster 
        and kinship care families, and other relevant experts and 
        stakeholders.
            (3) Additional requirements.--The guidance required under 
        paragraph (1) shall include the following:
                    (A) Best practices for the organization and 
                provision of treatment family care services and 
                supports.
                    (B) Identification of services and supports 
                included in successful programs that provide treatment 
                family care services.
                    (C) Descriptions of State standards for licensing 
                and accrediting programs that provide treatment family 
                care services to ensure providers are appropriately 
                licensed and trained to provide high-quality treatment 
                family care services, including best practices 
                concerning State requirements for such licensure and 
                accreditation by recognized national independent, not-
                for-profit entities that accredit health care 
                organizations or by any other independent, not-for-
                profit accrediting organizations approved by the State.
    (d) GAO Study and Report.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study and submit a report to Congress evaluating State 
efforts to ensure foster parents and other caregivers who are eligible 
for training for which Federal payments are available under the title 
IV-E program are provided with necessary and appropriate training to 
meet the individual needs of foster children placed in their care, 
consistent with the requirements of sections 471(a)(24) and 
477(b)(3)(D) of the Social Security Act (42 U.S.C. 671(a)(24), 
677(b)(3)(D)), including an analysis of, and recommendations to 
improve, State review, approval and oversight of all such training 
(whether provided directly by the State or under contract with a public 
or private agency responsible for finding, placing, or monitoring the 
placement of children in foster family homes).
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