[Congressional Record Volume 162, Number 32 (Monday, February 29, 2016)]
[Senate]
[Pages S1092-S1093]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3330. Mr. DURBIN (for himself and Mr. King) submitted an amendment
intended to be proposed by him to the bill S. 524, to authorize the
Attorney General to award grants to address the national epidemics of
prescription opioid abuse and heroin use; which was ordered to lie on
the table; as follows:
At the end of title VII, add the following:
SEC. ___. EXPANDING OPTIONS FOR ADDICTION TREATMENT UNDER
MEDICAID AND CHIP.
(a) State Option to Provide Medical Assistance for
Residential Addiction Treatment Facility Services;
Modification of the IMD Exclusion.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (a)(16)--
(i) by striking ``effective'' and inserting ``(A)
effective''; and
(ii) by inserting ``, and (B) effective January 1, 2018,
residential addiction treatment facility services (as defined
in subsection (h)(3)) for individuals over 21 years of age
and under 65 years of age'' before the semicolon; and
(B) in subsection (h)--
(i) in paragraph (1), by striking ``paragraph (16) of
subsection (a)'' and inserting ``subsection (a)(16)(A)''; and
(ii) by adding at the end the following new paragraph:
``(3)(A) For purposes of subsection (a)(16)(B), the term
`residential addiction treatment facility services' means
inpatient services provided--
``(i) to an individual for the purpose of treating a
substance use disorder that are furnished to an individual
for not more than 2 consecutive periods of 30 consecutive
days, provided that upon completion of the first 30-day
period, the individual is assessed by the facility and
determined to have progressed through the clinical continuum
of care, in accordance with criteria established by the
Secretary, in consultation with the American Society of
Addiction Medicine, and requires continued medically
necessary treatment and social support services to promote
recovery, stable transition, and discharge; and
``(ii) in a facility that--
``(I) does not have more than 40 beds; and
``(II) is accredited for the treatment of substance use
disorders by the Joint Commission on Accreditation of
Healthcare Organizations, the Commission on Accreditation of
Rehabilitation Facilities, the Council on Accreditation, or
any other nationwide accrediting agency that the Secretary
deems appropriate.
``(B) The provision of medical assistance for residential
addiction treatment facility services to an individual shall
not prohibit Federal financial participation for medical
assistance for items or services that are provided to the
individual in or away from the residential addiction
treatment facility during any 30-day period in which the
individual is receiving residential addiction treatment
facility services.
``(C) A woman who is eligible for medical assistance on the
basis of being pregnant and who is furnished residential
addiction treatment facility services during any 30-day
period may remain eligible for, and continue to be furnished
with, such services for additional 30-day periods without
regard to any eligibility limit that would otherwise apply to
the woman as a result of her pregnancy ending, subject to
assessment by the facility and a determination based on
medical necessity related to substance use disorder and the
impact of substance use disorder on birth outcomes.''.
(2) Effective date.--The amendments made by this subsection
shall apply to items and services furnished on or after
January 1, 2018.
(b) Grant Program to Expand Youth Addiction Treatment
Facilities Under Medicaid and CHIP.--
(1) Establishment.--
(A) In general.--The Secretary shall establish a program
under which the Secretary shall award grants to States for
the purpose of expanding the infrastructure and treatment
capabilities, including augmenting equipment and bed
capacity, of eligible youth addiction treatment facilities
that provide addiction treatment services to Medicaid or CHIP
beneficiaries who have not attained the age of 21 and are in
communities with high numbers of medically underserved
populations of at-risk youth.
(B) Use of funds.--Grant funds awarded under this
subsection may be used to expand the infrastructure and
treatment capabilities of an existing facility (including
through construction) but shall not be used for the
construction of any new facility or for the provision of
medical assistance or child health assistance under Medicaid
or CHIP.
(C) Timetable for implementation; duration.--
(i) Implementation.--Not later than 1 year after the date
of the enactment of this Act, the Secretary shall award
grants under the grant program.
(ii) Duration.--The Secretary shall award grants under the
grant program for a period not to exceed 5 years.
(2) Application.--A State seeking to participate in the
grant program shall submit to the Secretary, at such time and
in such manner as the Secretary shall require, an application
that includes--
[[Page S1093]]
(A) detailed information on the types of additional
infrastructure and treatment capacity of eligible youth
addiction treatment facilities that the State proposes to
fund under the grant program;
(B) a description of the communities in which the eligible
youth addiction treatment facilities funded under the grant
program operate;
(C) an assurance that the eligible youth addiction
treatment facilities that the State proposes to fund under
the grant program shall give priority to providing addiction
treatment services to Medicaid or CHIP beneficiaries who have
not attained the age of 21 and are in communities with high
numbers of medically underserved populations of at-risk
youth; and
(D) such additional information and assurances as the
Secretary shall require.
(3) Rural areas.--Not less than 15 percent of the amount of
a grant awarded to a State under this subsection shall be
used for making payments to eligible youth addiction
treatment facilities that are located in rural areas or that
target the provision of addiction treatment services to
Medicaid or CHIP beneficiaries who have not attained the age
of 21 and reside in rural areas.
(4) Definitions.--For purposes of this subsection:
(A) Addiction treatment services.--The term ``addiction
treatment services'' means services provided to an individual
for the purpose of treating a substance use disorder.
(B) CHIP.--The term ``CHIP'' means the State children's
health insurance program established under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.).
(C) Eligible youth addiction treatment facility.--The term
``eligible youth addiction treatment facility'' means a
facility that is a participating provider under the State
Medicaid or CHIP programs for purposes of providing medical
assistance or child health assistance to Medicaid or CHIP
beneficiaries for youth addiction treatment services on an
inpatient or outpatient basis (or both).
(D) Medicaid.--The term ``Medicaid'' means the medical
assistance program established under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(E) Medicaid or chip beneficiary.--The term ``Medicaid or
CHIP beneficiary'' means an individual who is enrolled in the
State Medicaid plan , the State child health plan under CHIP,
or under a waiver of either such plan.
(F) Medically underserved populations.--The term
``medically underserved populations'' has the meaning given
that term in section 330(b)(3) of the Public Health Service
Act (42 U.S.C. 254b(b)(3)).
(G) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) Authorization of appropriations.--There are authorized
to be appropriated $50,000,000 to carry out the provisions of
this subsection. Funds appropriated under this paragraph
shall remain available until expended.
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