[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3098 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3098

  To amend title XIX of the Social Security Act to make permanent the 
    Medicaid option to remove the IMD exclusion to provide medical 
 assistance for certain individuals who are patients in an institution 
                          for mental diseases.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 19, 2023

Mr. Thune (for himself, Ms. Hassan, and Mrs. Blackburn) 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 make permanent the 
    Medicaid option to remove the IMD exclusion to provide medical 
 assistance for certain individuals who are patients in an institution 
                          for mental diseases.

    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 ``Securing Advances and a Variety of 
Evidence-Based IMD Options Act''.

SEC. 2. MAKING PERMANENT STATE PLAN AMENDMENT OPTION TO PROVIDE MEDICAL 
              ASSISTANCE FOR CERTAIN INDIVIDUALS WHO ARE PATIENTS IN 
              CERTAIN INSTITUTIONS FOR MENTAL DISEASES.

    (a) In General.--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) Maintenance of Effort Revision.--Section 1915(l)(3)(A) of the 
Social Security Act (42 U.S.C. 1396n(l)(3)(A)) is amended--
            (1) in the matter preceding clause (i), by striking ``other 
        than under this title''; and
            (2) in clause (i), by striking ``or, if higher,'' and all 
        that follows through ``in accordance with this subsection''.
    (c) 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 (F)'';
                            (ii) in subparagraph (C), by adding at the 
                        end the following new clause:
                            ``(iii) Medication-assisted treatment.--The 
                        State shall, when appropriate, facilitate 
                        access to, and provide medical assistance for, 
                        medication-assisted treatment for substance use 
                        disorder treatment, irrespective of the setting 
                        in which such treatment is provided.'';
                            (iii) in subparagraph (D), in the matter 
                        preceding clause (i), by inserting ``have in 
                        place evidence-based, 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
                            (iv) 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 evidence-based, 
                substance use disorder-specific program 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), commence 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.''.
            (3) Clarification of levels of care.--Section 1915(l)(7)(A) 
        of the Social Security Act (42 U.S.C. 1396n(l)(7)(A)) is 
        amended by inserting ``(or any successor publication)'' before 
        the period.
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