Treatment Family Care Services Act

I 116TH CONGRESS 1ST SESSION H. R. 3649 To support the provision of treatment family care services, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 9, 2019 Ms. DELAURO (for herself, Mr. COLE, Ms. BASS, Mr. MULLIN, and Ms. DEGETTE) introduced the following bill; which was referred to the Com- mittee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned 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 VerDate Sep 11 2014 21:35 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3649.IH H3649 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3649 IH (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 1 has the meaning given that terms in section 4 of the 2 Indian Health Care Improvement Act (25 U.S.C. 3 1603). 4 (2) MEDICAID PROGRAM.—The term ‘‘Medicaid 5 program’’ means the program for grants to States 6 for medical assistance programs established under 7 title XIX of the Social Security Act (42 U.S.C. 1396 8 et seq.). 9 (3) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of Health and Human Services. 11 (4) STATE.—The term ‘‘State’’ has the mean- 12 ing given that term in section 1101 of the Social Se- 13 curity Act (42 U.S.C. 1301) for purposes of titles IV 14 and XIX of such Act (42 U.S.C. 601 et seq., 1396 15 et seq.). 16 (5) TITLE IV–E PROGRAM.—The term ‘‘title 17 IV–E program’’ means the program for foster care, 18 prevention, and permanency established under part 19 E of title IV of the Social Security Act (42 U.S.C. 20 670 et seq.). 21 (6) TREATMENT FAMILY CARE SERVICES.—The 22 term ‘‘treatment family care services’’ means struc- 23 tured daily services and interventions provided in a 24 home-based setting for children who have not at- 25 VerDate Sep 11 2014 21:35 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3649.IH H3649 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3649 IH tained age 21, and who, as a result of mental illness, 1 other emotional or behavioral disorders, medically 2 fragile conditions, or developmental disabilities, need 3 the level of care provided in a psychiatric residential 4 treatment or congregate care facility the cost of 5 which could be reimbursed under the State Medicaid 6 program or the title IV–E program but who can re- 7 ceive services in a family-based setting. 8 (b) GUIDANCE ON TREATMENT FAMILY CARE SERV- 9 ICES.— 10 (1) IN GENERAL.—Not later than 180 days 11 after the date of enactment of this Act, the Sec- 12 retary, in consultation with the Administrator of the 13 Centers for Medicare & Medicaid Services and the 14 Assistant Secretary of the Administration for Chil- 15 dren and Families, shall develop and issue guidance 16 to States and Indian tribes identifying opportunities 17 to fund treatment family care services. 18 (2) ADDITIONAL REQUIREMENTS.—The guid- 19 ance required under paragraph (1) shall include de- 20 scriptions of the following: 21 (A) Existing opportunities and flexibilities 22 under the Medicaid program, including under 23 waivers authorized under section 1115 or 1915 24 of the Social Security Act (42 U.S.C. 1315, 25 VerDate Sep 11 2014 21:35 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3649.IH H3649 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3649 IH 1396n), for States to receive Federal funding 1 under that program for the provision of treat- 2 ment family care services, including services ad- 3 dressing the development, improvement, moni- 4 toring, and reinforcing of age-appropriate so- 5 cial, communication and behavioral skills, trau- 6 ma-informed and gender-responsive services, 7 crisis intervention and crisis support services, 8 medication monitoring, counseling, and case 9 management, and other intensive community 10 services identified by the Secretary. 11 (B) Funding opportunities and flexibilities 12 under the title IV–E program, including for 13 specialized training and consultation for biologi- 14 cal parents, relative and kinship caregivers, 15 adoptive parents, and foster parents, adminis- 16 trative costs related to in-home prevention serv- 17 ices to candidates for foster care and their par- 18 ents or kin caregivers, and reunification services 19 for youth returning from foster care, as well as 20 other services identified by the Secretary. 21 (C) How States can employ and coordinate 22 funding provided under the Medicaid program, 23 the title IV–E program, and other programs ad- 24 VerDate Sep 11 2014 21:35 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3649.IH H3649 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3649 IH ministered by the Secretary to support the pro- 1 vision of treatment family care services. 2 (c) BEST PRACTICES FOR ESTABLISHING PROGRAMS 3 TO PROVIDE TREATMENT FAMILY CARE SERVICES.— 4 (1) IN GENERAL.—Not later than 2 years after 5 the date of enactment of this Act, the Secretary, in 6 consultation with the Administrator of the Centers 7 for Medicare & Medicaid Services and the Assistant 8 Secretary of the Administration for Children and 9 Families, shall develop and issue guidance to States 10 identifying best practices for establishing programs 11 to provide treatment family care services. 12 (2) COLLABORATION REQUIRED.—Before 13 issuing guidance on best practices, the Secretary 14 shall solicit input from representatives of States and 15 Indian tribes, health care providers with expertise in 16 child trauma and child development, children with 17 mental illness, or other emotional or behavioral dis- 18 orders, recipients of treatment family care services, 19 foster and kinship care families, and other relevant 20 experts and stakeholders. 21 (3) ADDITIONAL REQUIREMENTS.—The guid- 22 ance required under paragraph (1) shall include the 23 following: 24 VerDate Sep 11 2014 01:35 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3649.IH H3649 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3649 IH (A) Best practices for the organization and 1 provision of treatment family care services and 2 supports. 3 (B) Identification of services and supports 4 included in successful programs that treatment 5 family care services. 6 (C) Descriptions of State standards for li- 7 censing and accrediting programs that provide 8 treatment family care services to ensure pro- 9 viders are appropriately licensed and trained to 10 provide high-quality treatment family care serv- 11 ices, including best practices concerning State 12 requirements for such licensure and accredita- 13 tion by recognized national independent, not- 14 for-profit entities that accredit health care orga- 15 nizations or by any other independent, not-for- 16 profit accrediting organizations approved by the 17 State. 18 (d) GAO STUDY AND REPORT.—Not later than 1 19 year after the date of enactment of this Act, the Comp- 20 troller General of the United States shall conduct a study 21 and submit a report to Congress evaluating State efforts 22 to ensure foster parents and other caregivers who are eligi- 23 ble for training for which Federal payments are available 24 under the title IV–E program are provided with necessary 25 VerDate Sep 11 2014 21:35 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3649.IH H3649 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3649 IH and appropriate training to meet the individual needs of 1 foster children placed in their care, consistent with the re- 2 quirements of sections 471(a)(24) and 477(b)(3)(D) of 3 the Social Security Act (42 U.S.C. 671(a)(24), 4 677(b)(3)(D)), including an analysis of, and recommenda- 5 tions to improve, State review, approval and oversight of 6 all such training (whether provided directly by the State 7 or under contract with a public or private agency respon- 8 sible for finding, placing, or monitoring the placement of 9 children in foster family homes). 10 Æ VerDate Sep 11 2014 21:35 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H3649.IH H3649 pamtmann on DSKBFK8HB2PROD with BILLS