US Codex
Bill
Notes

H.R. 7233 — what changed

Keeping Incarceration Discharges Streamlined for Children and Accommodating Resources in Education Act

From Introduced in House to Reported in House. 3 sections amended and 4 added between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Keeping Incarceration Discharges Streamlined for Children and Accommodating Resources in Education Act” or the “KIDS CARES CARE Act”.

Sec. 2 Medicaid and CHIP requirements for health screenings and referrals for eligible juveniles in public institutions

(a)
added Medicaid State plan requirement— Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended—
(1)
added in subsection (a)(84)—

removed Section 1902(a)(84) of the Social Security Act (42 U.S.C. 1936a(a)(84)) is amended—

(A)
renumbered was (3) in subparagraph (B), by striking “and” at the end;
(B)
renumbered was (4) in subparagraph (C), by adding “and” at the end; and
(C)
renumbered was (5) by adding at the end the following new subparagraph:

added “(D) beginning October 1, 2023, in the case of individuals who are eligible juveniles described in subsection (nn)(2), are scheduled to be released from placement in a public institution following adjudication, and who the State determines pursuant to subparagraph (B) or (C), as applicable, meet the eligibility requirements for medical assistance under the State plan, the State shall have in place a plan to ensure, and in accordance with such plan, provide—

added “(i) for, prior to the release of such an eligible juvenile from such public institution (or not later than one week after release from the public institution), and in coordination with such institution—

added “(I) any screening described in section 1905(r) for which such eligible juvenile qualifies based on the intervals established pursuant to such section;

added “(II) any screening which such eligible juvenile did not receive in accordance with such intervals due to the incarceration of such eligible juvenile; and

added “(III) a behavioral health or mental health screening that is a screening service described under section 1905(r)(1), if such screening was not otherwise conducted pursuant to this clause;

added “(ii) for, not later than the latter of the date on which such eligible juvenile is released from such institution, or the date on which the screenings pursuant to clause (i) for such eligible juvenile are conducted, referrals for such eligible juvenile to the appropriate services, including necessary health care, diagnostic services, treatment, and other measures described in section 1905(a), giving preference to providers of such services who are located in the geographic region of the home or residence of such eligible juvenile when available, based on such screenings; and

added “(iii) for, following the release of such eligible juvenile from such institution, and the completion of the screenings conducted pursuant to clause (i), not less than 30 days of targeted case management services furnished by a provider in the geographic region of the home or residence of such eligible juvenile.”

(2)
added in subsection (nn)(3), by striking “(30)” and inserting “(31)”.
(b)
added Clarification of Federal financial participation— The subdivision (A) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) following paragraph (31) of such section is amended by striking “(except as a patient in a medical institution)” and inserting “(except in the case of eligible juveniles described in section 1902(a)(84)(D), and individuals as a patient in a medical institution)”.
(c)
added CHIP requirement— Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended by adding at the end the following new subparagraph:

added “(U) Section 1902(a)(84)(D) (relating to eligible juveniles scheduled to be released from placement in a public institution following adjudication).”

removed “(D) beginning October 1, 2023, in the case of individuals who are eligible juveniles described in subsection (nn)(2), and who the State determines pursuant to subparagraph (B) or (C), as applicable, meet the eligibility requirements for medical assistance under the State plan—

removed “(i) the State shall have in place a plan to ensure and, in accordance with such plan, provide—

removed “(I) for, prior to release of such an eligible juvenile from such public institution (or not later than one week after release from the public institution), and in coordination with such institution, screenings of such eligible individual, including the screenings described under section 1905(r); and

removed “(II) for, not later than the latter of the date on which such eligible juvenile is released from such institution or the date on which the screenings pursuant to subclause (I) for such individual are completed, referrals for such eligible individual to the appropriate health care services based on such screenings; and

removed “(ii) at the option of the State, make medical assistance available under the State plan for screenings pursuant to clause (i) conducted prior to the release of such eligible juvenile from such public institution;”

Sec. 3 Guidance on reducing administrative barriers to providing health care services in schools

(a)
changed In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue proposed guidance to State Medicaid agencies, elementary and secondary schools, and school-based health centers on reducing administrative barriers to such schools and centers furnishing specified health services medical assistance and obtaining reimbursement payment for such services assistance under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.).
(b)
Contents of guidance— The guidance issued pursuant to subsection (a) shall—
(1)
changed include proposed revisions to the May 2003 Medicaid School-Based Administrative Claiming Guide Guide, the 1997 Medicaid and Schools Technical Assistance Guide, and other guidance in effect on the date of enactment of this Act;
(2)
changed provide information on reimbursement payment under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.) for the provision of specified health services, medical assistance, including such services assistance provided in accordance with an individualized education program or under the “free care” policy described in the State Medicaid Director letter on payment for services issued on December 15, 2014 (#14–006);(#14-006);
(3)
changed take into account reasons why small and rural local education agencies may choose not to provide specified health services, medical assistance, and consider approaches to encourage such agencies to provide such services; assistance; and
(4)
changed include best practices and examples of methods that State Medicaid agencies and local education agencies have used to reimburse pay for, and increase the availability of, specified health services.medical assistance.
(c)
Definitions— In this Act:
(1)
Individualized education program— The term “individualized education program” has the meaning given such term in section 602(14) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(14)).
(2)
School-based health center— The term “school-based health center” has the meaning given such term in section 2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9)).
(3)
removed Specified health services— The term “specified health services” means health services (including mental health services) for which medical assistance may be provided under a State plan (or waiver of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or a State child health plan (or waiver of such plan) under title XXI of such Act (42 U.S.C. 1397aa et seq.).

Sec. 4 Guidance to States on supporting mental, emotional, and behavioral health services, and on the availability of telehealth under Medicaid

added

added Not later than January 1, 2024, the Secretary of Health and Human Services shall issue guidance to States on how to expand the provision of mental, emotional, and behavioral health services covered under State plans (or waivers of such plans) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), including a description of best practices for—

(1)
added effective programs for the provision of such services;
(2)
added provision of such services to underserved communities;
(3)
added flexibilities for children’s hospitals and other providers to expand access to such services while ensuring high quality and safety; and
(4)
added recruitment and retention of providers of such services.

Sec. 5 Ensuring children receive timely access to care

added
(a)
added Guidance to States on flexibilities to ensure provider capacity to provide pediatric mental, emotional, and behavioral crisis care— Not later than July 1, 2024, the Secretary of Health and Human Services shall provide guidance to States on existing flexibilities under State plans (or waivers of such plans) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) to support children in crisis or in need of intensive mental, emotional, or behavioral health services.
(b)
added Ensuring consistent review and State implementation of early and periodic screening, diagnostic, and treatment services— Section 1905(r) of the Social Security Act (42 U.S.C. 1396d(r)) is amended by adding at the end the following: “Not later than January 1, 2025, and not later than each January 1 thereafter, the Secretary shall review implementation of the requirements of this subsection by States, including such requirements relating to services provided by a managed care entity, identify and disseminate best practices for ensuring comprehensive coverage of services, identify gaps and deficiencies in meeting Federal requirements, and provide guidance to States on addressing identified gaps and disparities and meeting Federal coverage requirements in order to ensure children have access to behavioral health services.”.

Sec. 6 Strategies to increase access to telehealth under Medicaid and Children’s Health Insurance Program

added

added Not later than 1 year after the date of the enactment of this Act, and not less frequently than once every five years thereafter, the Secretary of Health and Human Services shall update guidance issued by the Centers for Medicare & Medicaid Services to States, the State Medicaid & CHIP Telehealth Toolkit, to clarify strategies to overcome existing barriers and increase access to telehealth services under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and the Children’s Health Insurance Program under title XXI of such Act (42 U.S.C. 1397aa et seq.). Such updated guidance shall include examples of and promising practices regarding—

(1)
added telehealth delivery of covered services;
(2)
added recommended voluntary billing codes, modifiers, and place-of-service designations for telehealth and other virtual health care services;
(3)
added the simplification or alignment (including through reciprocity) of provider licensing, credentialing, and enrollment protocols with respect to telehealth across States, State Medicaid plans under such title XIX, and Medicaid managed care organizations, including during national public health emergencies;
(4)
added strategies States can use to integrate telehealth and other virtual health care services into value-based health care models; and
(5)
added waivers under the Medicaid program to test expanded access to telehealth, including during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).

Sec. 7 Removal of inmate limitations on benefits under Medicaid

added
(a)
added In general— The subdivision (A) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) following paragraph (31) of such section, as amended by section 2(b), is further amended by striking “and individuals as a patient in a medical institution” and inserting “individuals as a patient in a medical institution, or, at the option of the State, for an individual who is a juvenile, while such individual is an inmate of a public institution pending disposition of charges”.
(b)
added Effective date— The amendment made by subsection (a) shall take effect on the first day of the first calendar quarter that begins after the date that is 18 months after the date of enactment of this Act and shall apply to items and services furnished for periods beginning on or after such date.