Road to Recovery Act

I 116TH CONGRESS 1ST SESSION H. R. 5232 To amend titles XIX and XXI of the Social Security Act to remove barriers to access to residential substance use disorder treatment services under Medicaid and the Children’s Health Insurance Program (CHIP). IN THE HOUSE OF REPRESENTATIVES NOVEMBER 21, 2019 Mr. FITZPATRICK (for himself, Ms. KUSTER of New Hampshire, and Mrs. MURPHY of Florida) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend titles XIX and XXI of the Social Security Act to remove barriers to access to residential substance use disorder treatment services under Medicaid and the Chil- dren’s Health Insurance Program (CHIP). 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 ‘‘Road to Recovery 4 Act’’. 5 VerDate Sep 11 2014 03:09 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5232.IH H5232 kjohnson on DSK79L0C42 with BILLS 2 •HR 5232 IH SEC. 2. REMOVING BARRIERS TO ACCESS TO RESIDENTIAL 1 SUBSTANCE USE DISORDER TREATMENT 2 SERVICES UNDER MEDICAID AND CHIP. 3 (a) MEDICAID.—Section 1905 of the Social Security 4 Act (42 U.S.C. 1396d) is amended— 5 (1) in subsection (a)— 6 (A) by striking ‘‘and’’ at the end of para- 7 graph (28); 8 (B) by redesignating paragraph (29) as 9 paragraph (30); and 10 (C) by inserting after paragraph (28) the 11 following new paragraph: 12 ‘‘(29) residential substance use disorder treat- 13 ment services (as defined in subsection (h)(3)(A));’’; 14 (2) in the subparagraph (B) following para- 15 graph (30), as so redesignated, by inserting after 16 ‘‘an institution for mental diseases’’ the following: 17 ‘‘(other than with respect to residential substance 18 use disorder treatment services, as defined in sub- 19 section (h)(3)(A))’’; and 20 (3) in subsection (h), by adding at the end the 21 following new paragraph: 22 ‘‘(3)(A) For purposes of subsection (a) and section 23 2110(b)(2)(A), the term ‘residential substance use dis- 24 order treatment services’ means, with respect to an indi- 25 vidual, inpatient services in a residential substance use 26 VerDate Sep 11 2014 03:09 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5232.IH H5232 kjohnson on DSK79L0C42 with BILLS 3 •HR 5232 IH disorder treatment facility (as defined in subparagraph 1 (B)) if— 2 ‘‘(i) the individual is under 65 years of age; and 3 ‘‘(ii) the individual’s continued need for such 4 services is reviewed and reaffirmed periodically (on 5 a frequency, specified by the State that is not less 6 often than every 60 days) based on criteria approved 7 by the Secretary or established or endorsed by the 8 State’s single State agency identified in section 9 1932(b)(1)(A)(ii) of the Public Health Service Act. 10 ‘‘(B) In this paragraph, the term ‘residential sub- 11 stance use disorder treatment facility’ means a facility 12 that— 13 ‘‘(i) is primarily engaged in furnishing inpatient 14 services in the treatment of substance use disorders; 15 and 16 ‘‘(ii) is accredited as an inpatient nonhospital 17 facility, inpatient nonhospital detoxification facility, 18 or residential facility, by a national accrediting orga- 19 nization recognized by the Secretary for this purpose 20 and is accredited or licensed by a State accrediting 21 or licensing agency for substance use disorder treat- 22 ment.’’. 23 (b) CHIP.—Section 2110(b)(2)(A) of the Social Se- 24 curity Act (42 U.S.C. 1397jj(b)(2)(A)) is amended by in- 25 VerDate Sep 11 2014 03:09 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5232.IH H5232 kjohnson on DSK79L0C42 with BILLS 4 •HR 5232 IH serting after ‘‘an institution for mental diseases’’ the fol- 1 lowing: ‘‘(other than with respect to residential substance 2 use disorder treatment services, as defined in section 3 1905(h)(3)(A))’’. 4 (c) EFFECTIVE DATE; CONSTRUCTION.— 5 (1) EFFECTIVE DATE.—The amendments made 6 by this section shall apply to items and services fur- 7 nished on or after July 1, 2020. 8 (2) CONSTRUCTION.—Nothing in this section 9 shall be construed as affecting the availability of 10 Federal financial participation for medical assistance 11 under title XIX of the Social Security Act (or for 12 child health assistance under title XXI of such Act) 13 for inpatient services furnished, before the amend- 14 ments made by this section are implemented, in an 15 inpatient nonhospital facility, inpatient nonhospital 16 detoxification facility, or residential facility, that is 17 primarily engaged in furnishing inpatient services in 18 the treatment of substance use disorder services. 19 Æ VerDate Sep 11 2014 03:09 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H5232.IH H5232 kjohnson on DSK79L0C42 with BILLS