[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3892 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3892

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2023

  Mr. Burgess (for himself and Mr. Torres of New York) 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 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.

    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 ``Improving Mental Health and Drug 
Treatment Act of 2023''.

SEC. 2. 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) Maintenance of Effort Revision.--Clauses (i) and (ii) of 
section 1915(l)(3)(A) of the Social Security Act (42 U.S.C. 
1396n(l)(3)(A)) are each amended by striking ``or, if higher,'' and all 
that follows through ``in accordance with this subsection''.
    (d) Additional Requirements.--
            (1) In general.--
                    (A) General requirements.--Section 1915(l)(4) of 
                the Social Security Act (42 U.S.C. 1396n(l)(4)) is 
                amended--
                            (i) in subparagraph (A), by striking 
                        ``through (D)'' and inserting ``through (E)'';
                            (ii) in subparagraph (D), in the matter 
                        preceding clause (i), by inserting ``have in 
                        place a substance use disorder-specific 
                        individual placement criteria and utilization 
                        management approach to ensure placement of such 
                        individual in an appropriate level of care and 
                        shall'' after ``State shall''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(E) Review process.--The State shall have in 
                place a process to review the compliance of eligible 
                institutions for mental diseases with standards of care 
                for eligible individuals specified by the State.''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall apply with respect to medical 
                assistance furnished in calendar quarters beginning on 
                or after October 1, 2025.
            (2) One-time assessment.--Section 1915(l)(4) of the Social 
        Security Act (42 U.S.C. 1396n(l)(4)), as amended by paragraph 
        (1), is further amended by adding at the end the following new 
        subparagraph:
                    ``(F) Assessment.--The State shall, not later than 
                12 months after the approval of a State plan amendment 
                described in this subsection (or, in the case such 
                State has such an amendment approved as of the date of 
                the enactment of this subparagraph, not later than 12 
                months after such date), conduct an assessment of--
                            ``(i) the availability of treatment for 
                        individuals enrolled under a State plan under 
                        this title (or waiver of such plan) in each 
                        level of care described in subparagraph (C); 
                        and
                            ``(ii) the availability of medication-
                        assisted treatment and medically supervised 
                        withdrawal management services for such 
                        individuals.''.
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