[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7233 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7233
To amend title XIX of the Social Security Act to provide for
requirements under Medicaid State plans for health screenings and
referrals for certain eligible juveniles in public institutions; and to
require the Secretary of Health and Human Services to issue clear and
specific guidance under the Medicaid and Children's Health Insurance
programs to improve the delivery of health care services, including
mental health services, in elementary and secondary schools and school-
based health centers.
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IN THE HOUSE OF REPRESENTATIVES
March 28, 2022
Mr. Hudson (for himself and Ms. Kuster) introduced the following bill;
which was referred to the Committee on Energy and Commerce
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A BILL
To amend title XIX of the Social Security Act to provide for
requirements under Medicaid State plans for health screenings and
referrals for certain eligible juveniles in public institutions; and to
require the Secretary of Health and Human Services to issue clear and
specific guidance under the Medicaid and Children's Health Insurance
programs to improve the delivery of health care services, including
mental health services, in elementary and secondary schools and school-
based health centers.
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 ``Keeping Incarceration Discharges
Streamlined for Children and Accommodating Resources in Education Act''
or the ``KIDS CARES Act''.
SEC. 2. MEDICAID STATE PLAN REQUIREMENTS FOR HEALTH SCREENINGS AND
REFERRALS FOR ELIGIBLE JUVENILES IN PUBLIC INSTITUTIONS.
Section 1902(a)(84) of the Social Security Act (42 U.S.C.
1936a(a)(84)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(D) beginning October 1, 2023, in the case of
individuals who are eligible juveniles described in
subsection (nn)(2), and who the State determines
pursuant to subparagraph (B) or (C), as applicable,
meet the eligibility requirements for medical
assistance under the State plan--
``(i) the State shall have in place a plan
to ensure and, in accordance with such plan,
provide--
``(I) for, prior to release of such
an eligible juvenile from such public
institution (or not later than one week
after release from the public
institution), and in coordination with
such institution, screenings of such
eligible individual, including the
screenings described under section
1905(r); and
``(II) for, not later than the
latter of the date on which such
eligible juvenile is released from such
institution or the date on which the
screenings pursuant to subclause (I)
for such individual are completed,
referrals for such eligible individual
to the appropriate health care services
based on such screenings; and
``(ii) at the option of the State, make
medical assistance available under the State
plan for screenings pursuant to clause (i)
conducted prior to the release of such eligible
juvenile from such public institution;''.
SEC. 3. GUIDANCE ON REDUCING ADMINISTRATIVE BARRIERS TO PROVIDING
HEALTH CARE SERVICES IN SCHOOLS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services shall
issue proposed guidance to State Medicaid agencies, elementary and
secondary schools, and school-based health centers on reducing
administrative barriers to such schools and centers furnishing
specified health services and obtaining reimbursement for such services
under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et
seq., 1397aa et seq.).
(b) Contents of Guidance.--The guidance issued pursuant to
subsection (a) shall--
(1) include proposed revisions to the May 2003 Medicaid
School-Based Administrative Claiming Guide and other guidance
in effect on the date of enactment of this Act;
(2) provide information on reimbursement under titles XIX
and XXI of the Social Security Act (42 U.S.C. 1396 et seq.,
1397aa et seq.) for the provision of specified health services,
including such services provided in accordance with an
individualized education program or under the ``free care''
policy described in the State Medicaid Director letter on
payment for services issued on December 15, 2014 (#14-006);
(3) take into account reasons why small and rural local
education agencies may choose not to provide specified health
services, and consider approaches to encourage such agencies to
provide such services; and
(4) include best practices and examples of methods that
State Medicaid agencies and local education agencies have used
to reimburse for, and increase the availability of, specified
health services.
(c) Definitions.--In this Act:
(1) Individualized education program.--The term
``individualized education program'' has the meaning given such
term in section 602(14) of the Individuals with Disabilities
Education Act (20 U.S.C. 1401(14)).
(2) School-based health center.--The term ``school-based
health center'' has the meaning given such term in section
2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9)).
(3) Specified health services.--The term ``specified health
services'' means health services (including mental health
services) for which medical assistance may be provided under a
State plan (or waiver of such plan) under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) or a State child
health plan (or waiver of such plan) under title XXI of such
Act (42 U.S.C. 1397aa et seq.).
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