[Congressional Record Volume 169, Number 172 (Thursday, October 19, 2023)]
[Senate]
[Page S5112]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself, Ms. Hassan, and Mrs. Blackburn):
  S. 3098. 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; to the Committee on Finance.
  Mr. THUNE. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3098

       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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