[Congressional Record Volume 162, Number 34 (Wednesday, March 2, 2016)]
[Senate]
[Page S1235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3402. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3378 proposed by Mr. Grassley (for himself, Mr. Leahy, Mr. 
Whitehouse, Mr. Portman, Ms. Klobuchar, Ms. Ayotte, Mr. Graham, Mr. 
Coons, Mr. Cornyn, and Mr. Durbin) 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. 705. MEDICAID COVERAGE PROTECTION FOR PREGNANT AND POST-
                   PARTUM WOMEN WHILE RECEIVING INPATIENT 
                   TREATMENT FOR A SUBSTANCE USE DISORDER.

       (a) Medicaid State Plan.--Section 1905(a) of the Social 
     Security Act (42 U.S.C. 1396d(a)) is amended by adding at the 
     end the following new sentence: ``In the case of a woman who 
     is eligible for medical assistance on the basis of being 
     pregnant (including through the end of the month in which the 
     60-day period beginning on the last day of her pregnancy 
     ends),who is a patient in an institution for mental diseases 
     for purposes of receiving treatment for a substance use 
     disorder, and who was enrolled for medical assistance under 
     the State plan immediately before becoming a patient in an 
     institution for mental diseases or who becomes eligible to 
     enroll for such medical assistance while such a patient, the 
     exclusion from the definition of `medical assistance' set 
     forth in the subdivision (B) following paragraph (29) of the 
     first sentence shall not be construed as prohibiting Federal 
     financial participation for medical assistance for items or 
     services that are provided to the woman outside of the 
     institution.''.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by subsection (a) shall take effect on the 
     date of enactment of this Act.
       (2) Rule for changes requiring state legislation.--In the 
     case of a State plan under title XIX of the Social Security 
     Act which the Secretary of Health and Human Services 
     determines requires State legislation (other than legislation 
     appropriating funds) in order for the plan to meet the 
     additional requirements imposed by the amendment made by 
     subsection (a), the State plan shall not be regarded as 
     failing to comply with the requirements of such title 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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