[Congressional Record Volume 161, Number 39 (Monday, March 9, 2015)]
[Senate]
[Page S1337]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 269. Mr. PORTMAN submitted an amendment intended to be proposed by 
him to the bill S. 178, to provide justice for the victims of 
trafficking; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

              TITLE ___--FAMILY-BASED FOSTER CARE SERVICES

     SEC. __. INCLUSION OF THERAPEUTIC FOSTER CARE AS MEDICAL 
                   ASSISTANCE.

       (a) In General.--Section 1905 of the Social Security Act 
     (42 U.S.C. 1396d) is amended--
       (1) in subsection (a)--
       (A) in paragraph (28), by striking ``and'' at the end;
       (B) by redesignating paragraph (29) as paragraph (30); and
       (C) by inserting after paragraph (28) the following new 
     paragraph:
       ``(29) therapeutic foster care services (to the extent 
     allowed and as defined in subsection (ee)); and''; and
       (2) by adding at the end the following new subsection:
       ``(ee)(1) For purposes of subsection (a)(29), subject to 
     paragraphs (3) and (4), the term `therapeutic foster care 
     services' means services provided for children who have not 
     attained age 21, and who, as a result of mental illness, 
     other emotional or behavioral disorders, medically fragile 
     conditions, or developmental disabilities, need the level of 
     care provided in an institution (including a psychiatric 
     residential treatment facility) or nursing facility the cost 
     of which could be reimbursed under the State plan but who can 
     be cared for or maintained in a community placement, through 
     a qualified therapeutic foster care program described in 
     paragraph (2).
       ``(2) A qualified therapeutic foster care program described 
     in this paragraph is a program that--
       ``(A) is licensed by the State and accredited by the Joint 
     Commission on Accreditation of Healthcare Organizations, the 
     Commission on Accreditation of Rehabilitation Facilities, the 
     Council on Accreditation, or by another equivalent 
     accreditation agency (or agencies) as the Secretary may 
     recognize;
       ``(B) provides structured daily activities, including the 
     development, improvement, monitoring, and reinforcement of 
     age-appropriate social, communication and behavioral skills, 
     trauma-informed and gender-responsive services, crisis 
     intervention and crisis support services, medication 
     monitoring, counseling, and case management, and may furnish 
     other intensive community services; and
       ``(C) provides biological parents, kinship caregivers, and 
     foster care parents with specialized training and 
     consultation in the management of children with mental 
     illness, other emotional or behavioral disorders, medically 
     fragile conditions, developmental disabilities, the impact of 
     trauma on child and caregiver, and specific additional 
     training on the needs of each child provided such services.
       ``(3) In making coverage determinations in accordance with 
     paragraph (1), a State may employ medical necessity criteria 
     that are similar to the medical necessity criteria applied to 
     coverage determinations for other services and supports under 
     this title.
       ``(4) For purposes of subsection (a)(29) and this 
     subsection, therapeutic foster care services shall not 
     include reimbursement for any training referred to in 
     paragraph (2)(C).''.
       (b) Effective Date; Phase-in of Licensure and Accreditation 
     Requirements.--
       (1) Effective date.--The amendments made by subsection (a) 
     shall apply to medical assistance furnished in calendar 
     quarters beginning on or after the date of enactment of this 
     Act.
       (2) Phase-in of licensure and accreditation requirements.--
     The Secretary of Health and Human Services shall issue 
     guidance to phase-in the application of the licensure and 
     accreditation requirements for qualified therapeutic foster 
     care programs specified in section 1905(ee)(2)(A) of the 
     Social Security Act (as added by subsection (a)) over a 3-
     year period. Such guidance shall specify that a therapeutic 
     foster care program that is complying with the phase-in 
     requirements for such licensure and accreditation may be 
     considered to be a qualified therapeutic foster care program 
     for purposes of a State receiving payment under section 1903 
     of the Social Security Act for furnishing medical assistance 
     for therapeutic foster care services provided through such a 
     program if the program also meets the conditions described in 
     subparagraphs (B) and (C) of section 1905(ee)(2) of such Act.
                                 ______