[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4498 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4498

To expand the availability of mental, emotional, and behavioral health 
      services under the Medicaid program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2022

   Mr. Casey introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To expand the availability of mental, emotional, and behavioral health 
      services under the Medicaid program, 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 ``Kids' Mental Health Improvement 
Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Guidance to States on supporting mental, emotional, and 
                            behavioral health services, and on the 
                            availability of telehealth under Medicaid.
Sec. 4. Ensuring children receive timely access to care.

SEC. 3. GUIDANCE TO STATES ON SUPPORTING MENTAL, EMOTIONAL, AND 
              BEHAVIORAL HEALTH SERVICES, AND ON THE AVAILABILITY OF 
              TELEHEALTH UNDER MEDICAID.

    (a) Mental, Emotional, and Behavioral Health Services.--Not later 
than 1 year after the date of enactment of this Act, the Secretary of 
Health and Human Services shall issue guidance to States on how to 
expand the provision of mental, emotional, and behavioral health 
services covered by State plans (or waivers of such plans) under title 
XIX of the Social Security Act (42 U.S.C. 1396 et seq.), including a 
description of best practices for effective programs, service provision 
for underserved communities, recruitment and retention of providers, 
and supporting the delivery of such services in schools and other 
community settings.
    (b) Telehealth Services.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
issue guidance to States on best practices to sustain and enhance the 
availability of telehealth services covered by State plans (or waivers 
of such plans) under title XIX of the Social Security Act (42 U.S.C. 
1396 et seq.).

SEC. 4. ENSURING CHILDREN RECEIVE TIMELY ACCESS TO CARE.

    (a) Guidance to States on Flexibilities to Ensure Provider Capacity 
To Provide Pediatric Mental, Emotional, and Behavioral Crisis Care.--
Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services shall provide guidance to States 
on existing flexibilities for hospitals and other providers under 
applicable laws, regulations, and guidance to support children in 
crisis or in need of intensive mental, emotional or behavioral health 
services.
    (b) Mandated Report to Congress Regarding Barriers to Repurposing 
of Beds, Space, and Staff To Address Pediatric Behavioral Health 
Needs.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall submit to the Congress a report with respect to 
        regulatory and legal barriers to care across the crisis 
        continuum that identifies solutions to facilitate flexibility 
        for children's hospitals and other providers of mental, 
        emotional, or behavioral health services.
            (2) Requirements.--In preparing a report under this 
        subsection, the Secretary of Health and Human Services shall 
        include in such report--
                    (A) a comprehensive list of laws, regulations, and 
                guidance impacting children's hospitals' and other 
                providers' ability to repurpose immediately beds, 
                space, and staff for children in need of mental, 
                emotional, or behavioral health services, including a 
                description of the rationale for each policy and 
                corresponding actions required to repurpose such beds, 
                space, and staff; and
                    (B) recommendations on how children's hospitals and 
                other providers can immediately expand access to 
                mental, emotional, and behavioral health services while 
                also ensuring high quality and safety.
    (c) Ensuring Consistent Review and State Implementation of Early 
and Periodic Screening, Diagnostic, and Treatment Services.--Section 
1905(r) of the Social Security Act (42 U.S.C. 1396d(r)) is amended by 
adding at the end the following: ``The Secretary shall, not later than 
July 1, 2022, and not later than January 1 each year thereafter, review 
implementation of the requirements of this subsection by States as they 
pertain to behavioral health services for children, including services 
provided by a managed care entity, identify and disseminate best 
practices for ensuring comprehensive coverage of services, identify 
gaps and deficiencies in meeting Federal requirements, and provide 
guidance to States on addressing identified gaps and disparities and 
meeting Federal coverage requirements in order to ensure children, 
including children without a mental health diagnosis, have access to 
behavioral health services.''.
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