Treatment Family Care Services Act

II 116TH CONGRESS 1ST SESSION S. 1880 To support the provision of treatment family care services, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 18, 2019 Ms. BALDWIN (for herself, Mr. PORTMAN, Mr. BLUNT, and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To support the provision of treatment family care 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 ‘‘Treatment Family 4 Care Services Act’’. 5 SEC. 2. SUPPORTING THE PROVISION OF TREATMENT FAM- 6 ILY CARE SERVICES. 7 (a) DEFINITIONS.—In this section: 8 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 9 has the meaning given that term in section 4 of the 10 VerDate Sep 11 2014 05:15 Jun 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880 kjohnson on DSK79L0C42 with BILLS 2 •S 1880 IS Indian Health Care Improvement Act (25 U.S.C. 1 1603). 2 (2) MEDICAID PROGRAM.—The term ‘‘Medicaid 3 program’’ means the program for grants to States 4 for medical assistance programs established under 5 title XIX of the Social Security Act (42 U.S.C. 1396 6 et seq.). 7 (3) SECRETARY.—The term ‘‘Secretary’’ means 8 the Secretary of Health and Human Services. 9 (4) STATE.—The term ‘‘State’’ has the mean- 10 ing given that term in section 1101 of the Social Se- 11 curity Act (42 U.S.C. 1301) for purposes of titles IV 12 and XIX of such Act (42 U.S.C. 601 et seq., 1396 13 et seq.). 14 (5) TITLE IV–E PROGRAM.—The term ‘‘title 15 IV–E program’’ means the program for foster care, 16 prevention, and permanency established under part 17 E of title IV of the Social Security Act (42 U.S.C. 18 670 et seq.). 19 (6) TREATMENT FAMILY CARE SERVICES.—The 20 term ‘‘treatment family care services’’ means struc- 21 tured daily services and interventions provided in a 22 home-based setting for children who have not at- 23 tained age 21, and who, as a result of mental illness, 24 other emotional or behavioral disorders, medically 25 VerDate Sep 11 2014 05:15 Jun 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880 kjohnson on DSK79L0C42 with BILLS 3 •S 1880 IS fragile conditions, or developmental disabilities, need 1 the level of care provided in a psychiatric residential 2 treatment or congregate care facility the cost of 3 which could be reimbursed under the State Medicaid 4 program or the title IV–E program but who can re- 5 ceive services in a family-based setting. 6 (b) GUIDANCE ON TREATMENT FAMILY CARE SERV- 7 ICES.— 8 (1) IN GENERAL.—Not later than 180 days 9 after the date of enactment of this Act, the Sec- 10 retary, in consultation with the Administrator of the 11 Centers for Medicare & Medicaid Services and the 12 Assistant Secretary of the Administration for Chil- 13 dren and Families, shall develop and issue guidance 14 to States and Indian tribes identifying opportunities 15 to fund treatment family care services. 16 (2) ADDITIONAL REQUIREMENTS.—The guid- 17 ance required under paragraph (1) shall include de- 18 scriptions of the following: 19 (A) Existing opportunities and flexibilities 20 under the Medicaid program, including under 21 waivers authorized under section 1115 or 1915 22 of the Social Security Act (42 U.S.C. 1315, 23 1396n), for States to receive Federal funding 24 under that program for the provision of treat- 25 VerDate Sep 11 2014 05:15 Jun 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880 kjohnson on DSK79L0C42 with BILLS 4 •S 1880 IS ment family care services, including services ad- 1 dressing the development, improvement, moni- 2 toring, and reinforcing of age-appropriate so- 3 cial, communication and behavioral skills, trau- 4 ma-informed and gender-responsive services, 5 crisis intervention and crisis support services, 6 medication monitoring, counseling, and case 7 management, and other intensive community 8 services identified by the Secretary. 9 (B) Funding opportunities and flexibilities 10 under the title IV–E program, including for 11 specialized training and consultation for biologi- 12 cal parents, relative and kinship caregivers, 13 adoptive parents, and foster parents, adminis- 14 trative costs related to in-home prevention serv- 15 ices to candidates for foster care and their par- 16 ents or kin caregivers, and reunification services 17 for youth returning from foster care, as well as 18 other services identified by the Secretary. 19 (C) How States can employ and coordinate 20 funding provided under the Medicaid program, 21 the title IV–E program, and other programs ad- 22 ministered by the Secretary to support the pro- 23 vision of treatment family care services. 24 VerDate Sep 11 2014 05:15 Jun 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880 kjohnson on DSK79L0C42 with BILLS 5 •S 1880 IS (c) BEST PRACTICES FOR ESTABLISHING PROGRAMS 1 TO PROVIDE TREATMENT FAMILY CARE SERVICES.— 2 (1) IN GENERAL.—Not later than 2 years after 3 the date of enactment of this Act, the Secretary, in 4 consultation with the Administrator of the Centers 5 for Medicare & Medicaid Services and the Assistant 6 Secretary of the Administration for Children and 7 Families, shall develop and issue guidance to States 8 identifying best practices for establishing programs 9 to provide treatment family care services. 10 (2) COLLABORATION REQUIRED.—Before 11 issuing guidance on best practices, the Secretary 12 shall solicit input from representatives of States and 13 Indian tribes, health care providers with expertise in 14 child trauma and child development, children with 15 mental illness, or other emotional or behavioral dis- 16 orders, recipients of treatment family care services, 17 foster and kinship care families, and other relevant 18 experts and stakeholders. 19 (3) ADDITIONAL REQUIREMENTS.—The guid- 20 ance required under paragraph (1) shall include the 21 following: 22 (A) Best practices for the organization and 23 provision of treatment family care services and 24 supports. 25 VerDate Sep 11 2014 05:15 Jun 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880 kjohnson on DSK79L0C42 with BILLS 6 •S 1880 IS (B) Identification of services and supports 1 included in successful programs that treatment 2 family care services. 3 (C) Descriptions of State standards for li- 4 censing and accrediting programs that provide 5 treatment family care services to ensure pro- 6 viders are appropriately licensed and trained to 7 provide high-quality treatment family care serv- 8 ices, including best practices concerning State 9 requirements for such licensure and accredita- 10 tion by recognized national independent, not- 11 for-profit entities that accredit health care orga- 12 nizations or by any other independent, not-for- 13 profit accrediting organizations approved by the 14 State. 15 (d) GAO STUDY AND REPORT.—Not later than 1 16 year after the date of enactment of this Act, the Comp- 17 troller General of the United States shall conduct a study 18 and submit a report to Congress evaluating State efforts 19 to ensure foster parents and other caregivers who are eligi- 20 ble for training for which Federal payments are available 21 under the title IV–E program are provided with necessary 22 and appropriate training to meet the individual needs of 23 foster children placed in their care, consistent with the re- 24 quirements of sections 471(a)(24) and 477(b)(3)(D) of 25 VerDate Sep 11 2014 05:15 Jun 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880 kjohnson on DSK79L0C42 with BILLS 7 •S 1880 IS the Social Security Act (42 U.S.C. 671(a)(24), 1 677(b)(3)(D)), including an analysis of, and recommenda- 2 tions to improve, State review, approval and oversight of 3 all such training (whether provided directly by the State 4 or under contract with a public or private agency respon- 5 sible for finding, placing, or monitoring the placement of 6 children in foster family homes). 7 Æ VerDate Sep 11 2014 05:15 Jun 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S1880.IS S1880 kjohnson on DSK79L0C42 with BILLS