[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3761 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3761
To amend the Social Security Act to provide for an increased Federal
medical assistance percentage for State expenditures on certain
behavioral health services furnished under the Medicaid program, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 31, 2023
Ms. Castor of Florida introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the
Committee on Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Social Security Act to provide for an increased Federal
medical assistance percentage for State expenditures on certain
behavioral health services furnished 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 ``Advancing Student Services In
Schools Today Act'' or the ``ASSIST Act''.
SEC. 2. INCREASING THE APPLICABLE FMAP FOR STATE EXPENDITURES
ATTRIBUTABLE TO CERTAIN BEHAVIORAL HEALTH SERVICES.
Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended--
(1) in subsection (b), by striking ``and (ii)'' and
inserting ``(ii), and (jj)''; and
(2) by adding at the end the following new subsection:
``(jj) Increased FMAP for Medical Assistance for Services Furnished
by Mental Health and Substance Use Disorder Care Providers in Certain
School-Based Settings.--
``(1) In general.--Notwithstanding any preceding provision
of this section, with respect to State expenditures for medical
assistance consisting of services provided by a mental health
and substance use disorder care provider (as defined in section
3 of the Advancing Student Services In Schools Today Act) and
furnished at a school or at a school-based health center (as
defined in section 399Z-1(a)(3) of the Public Health Service
Act) on or after the first day of the first calendar quarter
beginning on or after the date that is 12 months after the date
of the enactment of this subsection, the Federal medical
assistance percentage otherwise determined under subsection (b)
shall, subject to paragraph (2), be equal to 90 percent.
``(2) Application of higher match.--Paragraph (1) shall not
apply in the case of State expenditures described in such
paragraph if application of such paragraph would result in a
lower Federal medical assistance percentage for such
expenditures than would otherwise apply without application of
such paragraph.
``(3) Exclusion of expenditures from territorial cap.--Any
payment made to a territory for expenditures for medical
assistance described in paragraph (1) that are subject to the
Federal medical assistance percentage specified under such
paragraph shall not be taken into account for purposes of
applying payment limits under subsections (f) and (g) of
section 1108 to the extent that such payment exceeds the amount
of the payment that would have been made to the territory for
such expenditures without regard to this subsection.''.
SEC. 3. PROGRAM TO INCREASE MENTAL HEALTH AND SUBSTANCE USE DISORDER
CARE PROVIDERS IN SCHOOLS AND SCHOOL-BASED HEALTH
CENTERS.
(a) Grant Authority.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in consultation
with the Administrator of the Centers for Medicare & Medicaid Services
and the Secretary of Education, shall award grants, contracts, or
cooperative agreements to eligible entities to increase the number of
mental health and substance use disorder care providers in schools and
school-based health centers served by such entities.
(b) Application.--An eligible entity seeking an award under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require, including a description of--
(1) the mental health and substance use disorder needs of
the student population served by the eligible entity; and
(2) with respect to the student population served by the
eligible entity, how the eligible entity will ensure that the
mental health and substance use disorder care providers
supported by the eligible entity, and the services administered
by such providers, are culturally competent and linguistically
appropriate.
(c) Restriction.--No funds made available through an award under
this section may be used for a threat assessment team.
(d) Reporting.--
(1) Eligible entity reporting.--Eligible entities receiving
an award under this section shall submit an annual report to
the Secretary accompanied by such information as the Secretary
may require, including--
(A) the number of mental health and substance use
disorder care providers working at the schools or
school-based health centers served by the eligible
entity, and the number of such providers supported
through the award;
(B) the types of services provided by the mental
health and substance use disorder care providers and
the efficacy of such services;
(C) the practices used by the schools or school-
based health centers served by the eligible entity to
recruit and retain mental health and substance use
disorder care providers; and
(D) the rates of retention of mental health and
substance use disorder care providers at the school or
school-based health center.
(2) Secretary.--Not later than 18 months after the date of
enactment of this section, and every 5 years thereafter, the
Secretary shall submit to Congress a report on the
effectiveness of the awards under this section.
(e) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency, as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801);
(B) an institution of higher education, as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001);
(C) a school operated by the Bureau of Indian
Affairs; or
(D) a school-based health center, as defined in
section 399Z-1(a)(3) of the Public Health Service Act
(42 U.S.C. 280h-5(a)(3)).
(2) Mental health and substance use disorder care
provider.--The term ``mental health and substance use disorder
care provider'' means an individual who is licensed or
credentialed to provide mental health and substance use
disorder services, including--
(A) a school counselor;
(B) a school psychologist or any other
psychologist;
(C) a psychiatrist who specializes in child or
adolescent psychiatry;
(D) a school social worker;
(E) a peer support specialist or peer recovery
coach;
(F) a licensed clinical social worker;
(G) an addiction medicine specialist; and
(H) other providers, as the Secretary determines
appropriate.
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