TREAT Act

I 116TH CONGRESS 1ST SESSION H. R. 2511 To amend title XIX of the Social Security Act to allow for payments to States for substance abuse services furnished to inmates in public institu- tions, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 2, 2019 Mr. TURNER (for himself, Ms. FUDGE, Ms. CLARK of Massachusetts, Mr. ESPAILLAT, Mr. RYAN, Ms. STEFANIK, Mr. KHANNA, Mr. KILMER, Mr. TONKO, and Mr. GIANFORTE) introduced the following bill; which was re- ferred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to allow for payments to States for substance abuse services fur- nished to inmates in public institutions, 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 Reforming and Ex- 4 panding Access to Treatment Act’’ or the ‘‘TREAT Act’’. 5 VerDate Sep 11 2014 02:43 May 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2511.IH H2511 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2511 IH SEC. 2. PAYMENTS TO STATES UNDER MEDICAID FOR SUB- 1 STANCE ABUSE SERVICES FURNISHED TO IN- 2 MATES IN PUBLIC INSTITUTIONS. 3 Section 1905 of the Social Security Act (42 U.S.C. 4 1396d) is amended— 5 (1) in subsection (a)(16)— 6 (A) by striking ‘‘and, (B) for individuals’’ 7 and inserting ‘‘, (B) for individuals’’; and 8 (B) by inserting before the semicolon at 9 the end the following: ‘‘, and (C) qualified inpa- 10 tient substance use disorder services (as defined 11 in such subsection) for inmates of a public in- 12 stitution (as such terms are defined for pur- 13 poses of applying the subdivision (A) that fol- 14 lows paragraph (29))’’; and 15 (2) in subsection (h), by adding at the end the 16 following new paragraph: 17 ‘‘(3) For purposes of subsection (a)(16)(C), the term 18 ‘qualified inpatient substance use disorder services’ means 19 medication or behavioral treatment administered in fur- 20 therance of eliminating, mitigating, treating, or curing an 21 individual’s use or abuse of drugs or an individual’s sub- 22 stance abuse disorder.’’. 23 VerDate Sep 11 2014 02:43 May 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2511.IH H2511 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2511 IH SEC. 3. NO SAMSHA POLICY AGAINST SUBSTANCE ABUSE 1 TREATMENT FOR INCARCERATED INDIVID- 2 UALS. 3 The Substance Abuse and Mental Health Services 4 Administration shall not establish, maintain, or implement 5 any memorandum of understanding or other policy that 6 prohibits or restricts the Administration’s provision or 7 support of substance abuse treatment or related services 8 for incarcerated individuals, so long as such provision or 9 support— 10 (1) is statutorily authorized (by provisions of 11 law other than this section) for such type of treat- 12 ment or services; and 13 (2) is not statutorily prohibited or restricted 14 with respect to incarcerated individuals. 15 Æ VerDate Sep 11 2014 02:43 May 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2511.IH H2511 pamtmann on DSKBFK8HB2PROD with BILLS