I 116TH CONGRESS 1ST SESSION H. R. 1920 To amend title XIX of the Social Security Act to provide a higher Federal matching rate for increased expenditures under Medicaid for mental and behavioral health services, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 27, 2019 Mr. KENNEDY (for himself, Mr. LUJA´N, Mr. TONKO, Mr. CA´RDENAS, and Ms. MATSUI) introduced the following bill; which was referred to the Com- mittee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to provide a higher Federal matching rate for increased expendi- tures under Medicaid for mental and behavioral health services, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Medicaid Bump Act’’. 4 VerDate Sep 11 2014 18:34 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1920.IH H1920 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1920 IH SEC. 2. HIGHER FMAP FOR INCREASED EXPENDITURES 1 UNDER MEDICAID FOR MENTAL AND BEHAV- 2 IORAL HEALTH SERVICES. 3 (a) IN GENERAL.—Section 1903(a)(5) of the Social 4 Security Act (42 U.S.C. 1396b(a)(5)) is amended— 5 (1) by striking ‘‘an amount equal’’ and insert- 6 ing ‘‘(A) an amount equal’’; and 7 (2) by adding at the end the following: ‘‘and 8 ‘‘(B) an amount equal to 90 percent of the 9 amounts by which— 10 ‘‘(i) the sum of the amounts expended 11 which are attributable to the offering, arrang- 12 ing, and furnishing (directly or on a contract 13 basis) under the State plan of mental and be- 14 havioral health services (including those related 15 to substance use) for such quarter, exceeds 16 ‘‘(ii) the sum of the amounts expended 17 which are attributable to the offering, arrang- 18 ing, and furnishing (directly or on a contract 19 basis) under the State plan of such services for 20 the corresponding quarter in the four-quarter 21 period ending on March 31, 2019, plus’’. 22 (b) EFFECTIVE DATE.—The amendments made by 23 this section shall apply with respect to calendar quarters 24 beginning on or after January 1 of the year beginning 25 after one year after the date of the enactment of this Act. 26 VerDate Sep 11 2014 18:34 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1920.IH H1920 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1920 IH SEC. 3. MACPAC REPORT REGARDING MENTAL AND BEHAV- 1 IORAL HEALTH SERVICES. 2 Section 1900(b)(6) of the Social Security Act (42 3 U.S.C. 1396(b)(6)) is amended by adding at the end the 4 following new subparagraph: 5 ‘‘(C) ANNUAL REPORTS REGARDING MEN- 6 TAL AND BEHAVIORAL HEALTH SERVICES.— 7 ‘‘(i) IN GENERAL.—For each year (be- 8 ginning with the first year of enactment), 9 MACPAC shall submit to Congress a re- 10 port on mental and behavioral health serv- 11 ices under this title in each State selected 12 under clause (iii) for such year. Such re- 13 port shall include information on the fol- 14 lowing under this title for each such State: 15 ‘‘(I) Payment rates for such serv- 16 ices. 17 ‘‘(II) The rationale for deriving 18 such payment rates. 19 ‘‘(III) Utilization of such serv- 20 ices. 21 ‘‘(ii) AVAILABILITY OF DHHS INFOR- 22 MATION.—The Secretary shall periodically 23 provide to MACPAC such information on 24 mental and behavioral health services fur- 25 nished to individuals receiving benefits 26 VerDate Sep 11 2014 18:34 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1920.IH H1920 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1920 IH under this title as MACPAC may request 1 for purposes of preparing a report required 2 under this subparagraph. 3 ‘‘(iii) SELECTION OF STATES.— 4 ‘‘(I) IN GENERAL.—For each 5 year (beginning with the first year be- 6 ginning after the date of the enact- 7 ment of this subparagraph), 8 MACPAC shall select, subject to sub- 9 clause (II), for purposes of the report 10 required under clause (i) for such year 11 not fewer than five States that, to the 12 greatest extent possible, vary with re- 13 spect to geography, demography, and 14 the manner in which mental and be- 15 havioral health services are furnished 16 under this title. 17 ‘‘(II) ENSURING EVENTUAL SE- 18 LECTION OF ALL STATES.—A State 19 that has been selected for a year may 20 not be selected for a subsequent year 21 unless all other States have been se- 22 lected during the period beginning 23 VerDate Sep 11 2014 18:34 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1920.IH H1920 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1920 IH with such year and ending with such 1 subsequent year.’’. 2 Æ VerDate Sep 11 2014 18:34 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1920.IH H1920 pamtmann on DSKBFK8HB2PROD with BILLS