Union Calendar No. 569
115th CONGRESS 2d Session |
[Report No. 115–734]
To amend title XXI of the Social Security Act to ensure access to mental health services for children under the Children’s Health Insurance Program, and for other purposes.
July 12, 2017
Mr. Kennedy (for himself and Mrs. Napolitano) introduced the following bill; which was referred to the Committee on Energy and Commerce
June 12, 2018
Additional sponsors: Ms. Kelly of Illinois, Mr. Ben Ray Luján of New Mexico, Mr. Tonko, Mr. Rush, Ms. Barragán, Mr. Cohen, Mr. Engel, Mr. Khanna, Ms. Matsui, Ms. Clark of Massachusetts, Mr. Meehan, Ms. Tsongas, Mr. Soto, Mr. Ryan of Ohio, Mr. Lance, Mr. DeSaulnier, Mr. Sean Patrick Maloney of New York, Ms. Shea-Porter, Mrs. Blackburn, Mr. Walden, and Mr. Mitchell
June 12, 2018
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 12, 2017]
To amend title XXI of the Social Security Act to ensure access to mental health services for children under the Children’s Health Insurance Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2. Ensuring access to mental health and substance use disorder services for children and pregnant women under the Children’s Health Insurance Program.
(a) In general.—Section 2103(c)(1) of the Social Security Act (42 U.S.C. 1397cc(c)(1)) is amended by adding at the end the following new subparagraph:
(b) Mental health and substance use disorder services.—
(1) IN GENERAL.—Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended—
(A) by redesignating paragraphs (5), (6), (7), and (8) as paragraphs (6), (7), (8), and (9), respectively; and
(B) by inserting after paragraph (4) the following new paragraph:
“(5) MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES.—In the case of a State that provides child health assistance for targeted low-income children or targeted low-income pregnant women (as defined in section 2112(d)) in the form of providing any health benefits coverage described in subsection (a), such child health assistance shall—
(2) CONFORMING AMENDMENTS.—
(A) Section 2103(a) of the Social Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter before paragraph (1), by striking “paragraphs (5), (6), and (7)” and inserting “paragraphs (5), (6), (7), and (8)”.
(B) Section 2110(a) of the Social Security Act (42 U.S.C. 1397jj(a)) is amended—
(C) Section 2110(b)(5)(A)(i) of the Social Security Act (42 U.S.C. 1397jj(b)(5)(A)(i)) is amended by striking “subsection (c)(5)” and inserting “subsection (c)(6)”.
(c) Assuring access to care.—Section 2102(a)(7)(B) of the Social Security Act (42 U.S.C. 1397bb(c)(2)) is amended by striking “section 2103(c)(5)” and inserting “paragraphs (5) and (6) of section 2103(c)”.
(d) Mental health services parity.—Subparagraph (A) of paragraph (7) of section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) (as redesignated by subsection (b)(1)) is amended to read as follows:
“(A) IN GENERAL.—A State child health plan shall ensure that the financial requirements and treatment limitations applicable to mental health and substance use disorder services (as described in paragraph (5)) provided under such plan comply with the requirements of section 2726(a) of the Public Health Service Act in the same manner as such requirements or limitations apply to a group health plan under such section.”.
(e) Effective date.—
(1) IN GENERAL.—Subject to paragraph (2), the amendments made by this section shall take effect with respect to child health assistance provided on or after the date that is one year after the date of the enactment of this Act.
(2) EXCEPTION FOR STATE LEGISLATION.—In the case of a State child health plan under title XXI of the Social Security Act (or a waiver of such plan), which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan (or waiver) to meet any requirement imposed by the amendments made by this section, the respective plan (or waiver) shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.
Union Calendar No. 569 | |||||
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[Report No. 115–734] | |||||
A BILL | |||||
To amend title XXI of the Social Security Act to ensure access to mental health services for
children under the Children’s Health Insurance Program, and for other
purposes. | |||||
June 12, 2018 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed |