117 HR 7378 IH: To amend title XIX of the Social Security Act to make permanent the State plan amendment option to provide medical assistance for certain individuals who are patients in certain institutions for mental diseases, and for other purposes. U.S. House of Representatives 2022-04-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 7378IN THE HOUSE OF REPRESENTATIVESApril 4, 2022Mr. Burgess introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XIX of the Social Security Act to make permanent the State plan amendment option to provide medical assistance for certain individuals who are patients in certain institutions for mental diseases, and for other purposes.

1.

Lifting the IMD exclusion for substance use disorder and serious mental illness

(a)

Making permanent State Plan Amendment Option To Provide Medical Assistance for Certain Individuals Who Are Patients in Certain Institutions for Mental Diseases

Section 1915(l)(1) of the Social Security Act (42 U.S.C. 1396n(l)(1)) is amended by striking With respect to calendar quarters beginning during the period beginning October 1, 2019, and ending September 30, 2023, and inserting With respect to calendar quarters beginning on or after October 1, 2019,.(b)

Lengths of stay

Section 1915(l)(2) of the Social Security Act (42 U.S.C. 1396n(l)(2)) is amended—(1)by striking 30 days and inserting 45 days; and(2)by adding at the end the following new sentence: Nothing in this paragraph shall be construed as precluding a State from using other authorities, including section 1115, that apply with respect to medical assistance under the State plan under this title, or waiver of such plan, for delivering care in certain institutions for mental diseases with more than 16 beds concurrently with this paragraph and allowing for stays in such institutions for mental diseases equal to the combined total lengths of stays permitted under the respective authorities so long as all requirements for such authorities are met.. (c)

Codification of State Medicaid Director Letter #18–011

Beginning on the date of the enactment of this Act, the State Medicaid Director Letter #18–011 shall have the force and effect of law, except that in applying such letter, with respect to a State, the State mental health director (or such other similar actor) may allow for up to 45 days for the Statewide average length of stay described in such letter.