[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5232 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5232

   To amend titles XIX and XXI of the Social Security Act to remove 
  barriers to access to residential substance use disorder treatment 
  services under Medicaid and the Children's Health Insurance Program 
                                (CHIP).


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2019

  Mr. Fitzpatrick (for himself, Ms. Kuster of New Hampshire, and Mrs. 
Murphy of Florida) introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend titles XIX and XXI of the Social Security Act to remove 
  barriers to access to residential substance use disorder treatment 
  services under Medicaid and the Children's Health Insurance Program 
                                (CHIP).

    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 ``Road to Recovery Act''.

SEC. 2. REMOVING BARRIERS TO ACCESS TO RESIDENTIAL SUBSTANCE USE 
              DISORDER TREATMENT SERVICES UNDER MEDICAID AND CHIP.

    (a) Medicaid.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (28);
                    (B) by redesignating paragraph (29) as paragraph 
                (30); and
                    (C) by inserting after paragraph (28) the following 
                new paragraph:
            ``(29) residential substance use disorder treatment 
        services (as defined in subsection (h)(3)(A));'';
            (2) in the subparagraph (B) following paragraph (30), as so 
        redesignated, by inserting after ``an institution for mental 
        diseases'' the following: ``(other than with respect to 
        residential substance use disorder treatment services, as 
        defined in subsection (h)(3)(A))''; and
            (3) in subsection (h), by adding at the end the following 
        new paragraph:
    ``(3)(A) For purposes of subsection (a) and section 2110(b)(2)(A), 
the term `residential substance use disorder treatment services' means, 
with respect to an individual, inpatient services in a residential 
substance use disorder treatment facility (as defined in subparagraph 
(B)) if--
            ``(i) the individual is under 65 years of age; and
            ``(ii) the individual's continued need for such services is 
        reviewed and reaffirmed periodically (on a frequency, specified 
        by the State that is not less often than every 60 days) based 
        on criteria approved by the Secretary or established or 
        endorsed by the State's single State agency identified in 
        section 1932(b)(1)(A)(ii) of the Public Health Service Act.
    ``(B) In this paragraph, the term `residential substance use 
disorder treatment facility' means a facility that--
            ``(i) is primarily engaged in furnishing inpatient services 
        in the treatment of substance use disorders; and
            ``(ii) is accredited as an inpatient nonhospital facility, 
        inpatient nonhospital detoxification facility, or residential 
        facility, by a national accrediting organization recognized by 
        the Secretary for this purpose and is accredited or licensed by 
        a State accrediting or licensing agency for substance use 
        disorder treatment.''.
    (b) CHIP.--Section 2110(b)(2)(A) of the Social Security Act (42 
U.S.C. 1397jj(b)(2)(A)) is amended by inserting after ``an institution 
for mental diseases'' the following: ``(other than with respect to 
residential substance use disorder treatment services, as defined in 
section 1905(h)(3)(A))''.
    (c) Effective Date; Construction.--
            (1) Effective date.--The amendments made by this section 
        shall apply to items and services furnished on or after July 1, 
        2020.
            (2) Construction.--Nothing in this section shall be 
        construed as affecting the availability of Federal financial 
        participation for medical assistance under title XIX of the 
        Social Security Act (or for child health assistance under title 
        XXI of such Act) for inpatient services furnished, before the 
        amendments made by this section are implemented, in an 
        inpatient nonhospital facility, inpatient nonhospital 
        detoxification facility, or residential facility, that is 
        primarily engaged in furnishing inpatient services in the 
        treatment of substance use disorder services.
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