Improving Mental Health and Drug Treatment Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3892 To amend title XIX of the Social Security Act to make permanent the State plan amendment option to provide medical assistance for certain individuals who are patients in certain institutions for mental diseases, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 7, 2023 Mr. BURGESS (for himself and Mr. TORRES of New York) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to make permanent the State plan amendment option to provide medical assistance for certain individuals who are pa- tients in certain institutions for mental diseases, 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 ‘‘Improving Mental 4 Health and Drug Treatment Act of 2023’’. 5 VerDate Sep 11 2014 03:53 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3892.IH H3892 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3892 IH SEC. 2. LIFTING THE IMD EXCLUSION FOR SUBSTANCE USE 1 DISORDER AND SERIOUS MENTAL ILLNESS. 2 (a) MAKING PERMANENT STATE PLAN AMENDMENT 3 OPTION TO PROVIDE MEDICAL ASSISTANCE FOR CER- 4 TAIN INDIVIDUALS WHO ARE PATIENTS IN CERTAIN IN- 5 STITUTIONS FOR MENTAL DISEASES.—Section 1915(l)(1) 6 of the Social Security Act (42 U.S.C. 1396n(l)(1)) is 7 amended by striking ‘‘With respect to calendar quarters 8 beginning during the period beginning October 1, 2019, 9 and ending September 30, 2023,’’ and inserting ‘‘With re- 10 spect to calendar quarters beginning on or after October 11 1, 2019,’’. 12 (b) LENGTHS OF STAY.—Section 1915(l)(2) of the 13 Social Security Act (42 U.S.C. 1396n(l)(2)) is amended— 14 (1) by striking ‘‘30 days’’ and inserting ‘‘45 15 days’’; and 16 (2) by adding at the end the following new sen- 17 tence: ‘‘Nothing in this paragraph shall be construed 18 as precluding a State from using other authorities, 19 including section 1115, that apply with respect to 20 medical assistance under the State plan under this 21 title, or waiver of such plan, for delivering care in 22 certain institutions for mental diseases with more 23 than 16 beds concurrently with this paragraph and 24 allowing for stays in such institutions for mental dis- 25 eases equal to the combined total lengths of stays 26 VerDate Sep 11 2014 03:53 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3892.IH H3892 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3892 IH permitted under the respective authorities so long as 1 all requirements for such authorities are met.’’. 2 (c) MAINTENANCE OF EFFORT REVISION.—Clauses 3 (i) and (ii) of section 1915(l)(3)(A) of the Social Security 4 Act (42 U.S.C. 1396n(l)(3)(A)) are each amended by 5 striking ‘‘or, if higher,’’ and all that follows through ‘‘in 6 accordance with this subsection’’. 7 (d) ADDITIONAL REQUIREMENTS.— 8 (1) IN GENERAL.— 9 (A) GENERAL REQUIREMENTS.—Section 10 1915(l)(4) of the Social Security Act (42 11 U.S.C. 1396n(l)(4)) is amended— 12 (i) in subparagraph (A), by striking 13 ‘‘through (D)’’ and inserting ‘‘through 14 (E)’’; 15 (ii) in subparagraph (D), in the mat- 16 ter preceding clause (i), by inserting ‘‘have 17 in place a substance use disorder-specific 18 individual placement criteria and utiliza- 19 tion management approach to ensure 20 placement of such individual in an appro- 21 priate level of care and shall’’ after ‘‘State 22 shall’’; and 23 (iii) by adding at the end the fol- 24 lowing new subparagraph: 25 VerDate Sep 11 2014 03:53 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3892.IH H3892 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3892 IH ‘‘(E) REVIEW PROCESS.—The State shall 1 have in place a process to review the compliance 2 of eligible institutions for mental diseases with 3 standards of care for eligible individuals speci- 4 fied by the State.’’. 5 (B) EFFECTIVE DATE.—The amendments 6 made by subparagraph (A) shall apply with re- 7 spect to medical assistance furnished in cal- 8 endar quarters beginning on or after October 1, 9 2025. 10 (2) ONE-TIME ASSESSMENT.—Section 11 1915(l)(4) of the Social Security Act (42 U.S.C. 12 1396n(l)(4)), as amended by paragraph (1), is fur- 13 ther amended by adding at the end the following 14 new subparagraph: 15 ‘‘(F) ASSESSMENT.—The State shall, not 16 later than 12 months after the approval of a 17 State plan amendment described in this sub- 18 section (or, in the case such State has such an 19 amendment approved as of the date of the en- 20 actment of this subparagraph, not later than 12 21 months after such date), conduct an assessment 22 of— 23 ‘‘(i) the availability of treatment for 24 individuals enrolled under a State plan 25 VerDate Sep 11 2014 03:53 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3892.IH H3892 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3892 IH under this title (or waiver of such plan) in 1 each level of care described in subpara- 2 graph (C); and 3 ‘‘(ii) the availability of medication-as- 4 sisted treatment and medically supervised 5 withdrawal management services for such 6 individuals.’’. 7 Æ VerDate Sep 11 2014 03:53 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3892.IH H3892 pbinns on DSKJLVW7X2PROD with $$_JOB