[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2372 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2372

To amend title XIX of the Social Security Act to streamline enrollment 
under the Medicaid program of certain providers across State lines, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2023

   Mr. Grassley (for himself, Mr. Bennet, Mrs. Blackburn, Ms. Cortez 
Masto, Mr. Boozman, Mr. Brown, Mr. Vance, Ms. Stabenow, Mr. Hawley, Mr. 
Kelly, Mrs. Capito, Ms. Sinema, Mr. Wicker, Mr. Markey, Mr. Van Hollen, 
Mr. Warnock, Mr. Casey, and Ms. Baldwin) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XIX of the Social Security Act to streamline enrollment 
under the Medicaid program of certain providers across State lines, 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 ``Accelerating Kids' Access to Care 
Act''.

SEC. 2. STREAMLINED ENROLLMENT PROCESS FOR ELIGIBLE OUT-OF-STATE 
              PROVIDERS UNDER MEDICAID AND CHIP.

    (a) In General.--Section 1902(kk) of the Social Security Act (42 
U.S.C. 1396a(kk)) is amended by adding at the end the following new 
paragraph:
            ``(10) Streamlined enrollment process for eligible out-of-
        state providers.--
                    ``(A) In general.--The State adopts and implements 
                a process that enables an eligible out-of-State 
                provider to enroll as a participating provider in the 
                State plan (or a waiver of such plan) without the 
                imposition of additional screening requirements by the 
                State, unless the State has a standard agreement with 
                other States governing coverage and payment for 
                services furnished to Medicaid-eligible children with 
                medically complex conditions that was developed in 
                accordance with guidance issued by the Secretary under 
                section 1945A. An eligible out-of-State provider that 
                enrolls as a participating provider in the State plan 
                (or a waiver of such plan) through such process shall 
                be enrolled for a 5-year period unless the provider is 
                terminated or excluded from participation during such 
                period.
                    ``(B) Definitions.--In this paragraph:
                            ``(i) Eligible out-of-state provider.--The 
                        term `eligible out-of-State provider' means, 
                        with respect to a State, a provider--
                                    ``(I) that furnishes to a 
                                qualifying individual any item or 
                                service for which Federal financial 
                                assistance is available under the State 
                                plan (or a waiver of such plan);
                                    ``(II) that is located in any other 
                                State;
                                    ``(III) with respect to which the 
                                Secretary has determined (or, in the 
                                case of a provider for which no risk 
                                level determination has been made by 
                                the Secretary, the State agency 
                                administering or supervising the 
                                administration of the State plan (or a 
                                waiver of such plan) has determined) 
                                there is a limited risk of fraud, 
                                waste, and abuse for purposes of 
                                determining the level of screening to 
                                be conducted under section 1866(j)(2) 
                                (except that, if such State agency has 
                                designated a higher risk level for the 
                                provider than the Secretary, the State 
                                agency's designation shall apply);
                                    ``(IV) that has been screened under 
                                such section 1866(j)(2) and enrolled in 
                                the Medicare program under title XVIII, 
                                or screened under paragraph (1) of this 
                                subsection and enrolled in the State 
                                plan (or a waiver of such plan) in 
                                which such provider is located; and
                                    ``(V) that has not been excluded 
                                from participation in any Federal 
                                health care program pursuant to section 
                                1128 or 1128A, excluded from 
                                participation in the State plan (or a 
                                waiver of such plan) pursuant to part 
                                1002 of title 42, Code of Federal 
                                Regulations, or State law, or 
                                terminated from participating in a 
                                Federal health care program or the 
                                State plan (or a waiver of such plan) 
                                for a reason described in paragraph 
                                (8)(A) of this subsection.
                            ``(ii) Qualifying individual.--The term 
                        `qualifying individual' means, with respect to 
                        an eligible out-of-State provider, an 
                        individual under 21 years of age to whom the 
                        provider furnishes items and services for the 
                        treatment of a condition.
                            ``(iii) State.--The term `State' means 1 of 
                        the 50 States or the District of Columbia.''.
    (b) Conforming Amendments.--
            (1) Section 1902(a)(77) of the Social Security Act (42 
        U.S.C. 1396a(a)(77)) is amended by inserting ``enrollment,'' 
        after ``screening,''.
            (2) The subsection heading for section 1902(kk) of such Act 
        (42 U.S.C. 1396a(kk))is amended by inserting ``Enrollment,'' 
        after ``Screening,''.
            (3) Section 2107(e)(1)(G) of such Act (42 U.S.C. 
        1397gg(e)(1)(G)) is amended by inserting ``enrollment,'' after 
        ``screening,''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section take effect on the date that is 
        2 years after the date of enactment of this Act.
            (2) Exception for state legislation.--In the case of a 
        State plan under Medicaid or a State child health plan under 
        CHIP which the Secretary determines requires State legislation 
        (other than legislation appropriating funds) in order for the 
        plan to meet the additional requirements imposed by the 
        amendments made by this section, such State plan or State child 
        health plan shall not be regarded as failing to comply with the 
        requirements of Medicaid or CHIP, respectively, solely on the 
        basis of its failure to meet these additional requirements 
        before the first day of the first calendar quarter beginning 
        after the close of the first regular session of the State 
        legislature that begins after the date of the enactment of this 
        Act. For purposes of the previous sentence, in the case of a 
        State that has a 2-year legislative session, each year of such 
        session shall be deemed to be a separate regular session of the 
        State legislature.
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