[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.


_______________________________________________________________________


                    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

_______________________________________________________________________

                                 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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