118 S3196 IS: Ensuring Medicaid Continuity for Children in Foster Care Act of 2023 U.S. Senate 2023-11-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 3196IN THE SENATE OF THE UNITED STATESNovember 1, 2023Mr. Rubio (for himself and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XIX of the Social Security Act to provide a State option to extend Medicaid coverage for foster care children while receiving treatment from a qualified residential treatment program.

1.

Short title

This Act may be cited as the Ensuring Medicaid Continuity for Children in Foster Care Act of 2023.

2.

State option to extend Medicaid coverage for foster care children while receiving treatment from a qualified residential treatment program

Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following:(17)

Extending coverage for foster care children while receiving treatment from a qualified residential treatment program

(A)

State option

At the option of the State, the State plan (or a waiver of such State plan) may provide that a child in foster care under the responsibility of a State who is eligible for medical assistance under such plan (or waiver) (including during a period of retroactive eligibility under subsection (a)(34)), shall remain eligible under such plan (or waiver) for medical assistance during any period in which the child—(i)receives treatment provided by any qualified residential treatment program (as defined in section 472(k)(4)) in which the child has been placed in accordance with the requirements of sections 472(k)(3) and 475A(c); and(ii)continues to be in foster care under the responsibility of a State.(B)

Federal financial participation

A State that has elected the option under subparagraph (A) shall receive payment under section 1903(a) for amounts expended to provide medical assistance to a child described in such subparagraph, including amounts expended for medical assistance for items or services that are provided to any such child outside of the facility (or distinct part thereof) in which a qualified residential treatment program (as so defined) is located..