(Original Signature of Member) TH D CONGRESS SESSION H ...ices for children and pregnant women under...
Transcript of (Original Signature of Member) TH D CONGRESS SESSION H ...ices for children and pregnant women under...
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(Original Signature of Member)
115TH CONGRESS 2D SESSION H. RES. ll
Providing for the concurrence by the House in the Senate amendment to H.R. 6, with an amendment.
IN THE HOUSE OF REPRESENTATIVES
Ml. llllll submitted the following resolution; which was referred to the Committee on lllllllllllllll
RESOLUTION Providing for the concurrence by the House in the Senate
amendment to H.R. 6, with an amendment.
Resolved, That upon the adoption of this resolution 1
the House shall be considered to have taken from the 2
Speaker’s table the bill, H.R. 6, with the Senate amend-3
ment thereto, and to have concurred in the Senate amend-4
ment with the following amendment: 5
In lieu of the matter proposed to be inserted by 6
the amendment of the Senate to the text of the bill, 7
insert the following: 8
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2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1
(a) SHORT TITLE.—This Act may be cited as the 2
‘‘Substance Use–Disorder Prevention that Promotes 3
Opioid Recovery and Treatment for Patients and Commu-4
nities Act’’ or the ‘‘SUPPORT for Patients and Commu-5
nities Act’’. 6
(b) TABLE OF CONTENTS.—The table of contents of 7
this Act is as follows: 8
Sec. 1. Short title; table of contents.
TITLE I—MEDICAID PROVISIONS TO ADDRESS THE OPIOID CRISIS
Sec. 1001. At-risk youth Medicaid protection. Sec. 1002. Health insurance for former foster youth. Sec. 1003. Demonstration project to increase substance use provider capacity
under the Medicaid program. Sec. 1004. Medicaid drug review and utilization. Sec. 1005. Guidance to improve care for infants with neonatal abstinence syn-
drome and their mothers; GAO study on gaps in Medicaid cov-erage for pregnant and postpartum women with substance use disorder.
Sec. 1006. Medicaid health homes for substance-use-disorder Medicaid enroll-ees.
Sec. 1007. Caring recovery for infants and babies. Sec. 1008. Peer support enhancement and evaluation review. Sec. 1009. Medicaid substance use disorder treatment via telehealth. Sec. 1010. Enhancing patient access to non-opioid treatment options. Sec. 1011. Assessing barriers to opioid use disorder treatment. Sec. 1012. Help for moms and babies. Sec. 1013. Securing flexibility to treat substance use disorders. Sec. 1014. MACPAC study and report on MAT utilization controls under State
Medicaid programs. Sec. 1015. Opioid addiction treatment programs enhancement. Sec. 1016. Better data sharing to combat the opioid crisis. Sec. 1017. Report on innovative State initiatives and strategies to provide hous-
ing-related services and supports to individuals struggling with substance use disorders under Medicaid.
Sec. 1018. Technical assistance and support for innovative State strategies to provide housing-related supports under Medicaid.
TITLE II—MEDICARE PROVISIONS TO ADDRESS THE OPIOID CRISIS
Sec. 2001. Expanding the use of telehealth services for the treatment of opioid use disorder and other substance use disorders.
Sec. 2002. Comprehensive screenings for seniors.
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3 Sec. 2003. Every prescription conveyed securely. Sec. 2004. Requiring prescription drug plan sponsors under Medicare to estab-
lish drug management programs for at-risk beneficiaries. Sec. 2005. Medicare coverage of certain services furnished by opioid treatment
programs. Sec. 2006. Encouraging appropriate prescribing under Medicare for victims of
opioid overdose. Sec. 2007. Automatic escalation to external review under a Medicare part D
drug management program for at-risk beneficiaries. Sec. 2008. Suspension of payments by Medicare prescription drug plans and
MA–PD plans pending investigations of credible allegations of fraud by pharmacies.
TITLE III—FDA AND CONTROLLED SUBSTANCE PROVISIONS
Subtitle A—FDA Provisions
CHAPTER 1—IN GENERAL
Sec. 3001. Clarifying FDA regulation of non-addictive pain products. Sec. 3002. Evidence-based opioid analgesic prescribing guidelines and report.
CHAPTER 2—STOP COUNTERFEIT DRUGS BY REGULATING AND ENHANCING ENFORCEMENT NOW
Sec. 3011. Short title. Sec. 3012. Notification, nondistribution, and recall of controlled substances. Sec. 3013. Single source pattern of imported illegal drugs. Sec. 3014. Strengthening FDA and CBP coordination and capacity.
CHAPTER 3—STOP ILLICIT DRUG IMPORTATION
Sec. 3021. Short title. Sec. 3022. Restricting entrance of illicit drugs.
CHAPTER 4—SECURING OPIOIDS AND UNUSED NARCOTICS WITH DELIBERATE DISPOSAL AND PACKAGING
Sec. 3031. Short title. Sec. 3032. Safety-enhancing packaging and disposal features.
CHAPTER 5—POSTAPPROVAL STUDY REQUIREMENTS
Sec. 3041. Clarifying FDA postmarket authorities.
Subtitle B—Controlled Substance Provisions
CHAPTER 1—MORE FLEXIBILITY WITH RESPECT TO MEDICATION-ASSISTED TREATMENT FOR OPIOID USE DISORDERS
Sec. 3201. Allowing for more flexibility with respect to medication-assisted treatment for opioid use disorders.
Sec. 3202. Medication-assisted treatment for recovery from substance use dis-order.
Sec. 3203. Grants to enhance access to substance use disorder treatment. Sec. 3204. Delivery of a controlled substance by a pharmacy to be administered
by injection or implantation.
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4 CHAPTER 2—EMPOWERING PHARMACISTS IN THE FIGHT AGAINST OPIOID
ABUSE
Sec. 3211. Short title. Sec. 3212. Programs and materials for training on certain circumstances under
which a pharmacist may decline to fill a prescription.
CHAPTER 3—SAFE DISPOSAL OF UNUSED MEDICATION
Sec. 3221. Short title. Sec. 3222. Disposal of controlled substances of a hospice patient by employees
of a qualified hospice program. Sec. 3223. GAO study and report on hospice safe drug management.
CHAPTER 4—SPECIAL REGISTRATION FOR TELEMEDICINE CLARIFICATION
Sec. 3231. Short title. Sec. 3232. Regulations relating to a special registration for telemedicine.
CHAPTER 5—SYNTHETIC ABUSE AND LABELING OF TOXIC SUBSTANCES
Sec. 3241. Controlled substance analogues.
CHAPTER 6—ACCESS TO INCREASED DRUG DISPOSAL
Sec. 3251. Short title. Sec. 3252. Definitions. Sec. 3253. Authority to make grants. Sec. 3254. Application. Sec. 3255. Use of grant funds. Sec. 3256. Eligibility for grant. Sec. 3257. Duration of grants. Sec. 3258. Accountability and oversight. Sec. 3259. Duration of program. Sec. 3260. Authorization of appropriations.
CHAPTER 7—USING DATA TO PREVENT OPIOID DIVERSION
Sec. 3271. Short title. Sec. 3272. Purpose. Sec. 3273. Amendments. Sec. 3274. Report.
CHAPTER 8—OPIOID QUOTA REFORM
Sec. 3281. Short title. Sec. 3282. Strengthening considerations for DEA opioid quotas.
CHAPTER 9—PREVENTING DRUG DIVERSION
Sec. 3291. Short title. Sec. 3292. Improvements to prevent drug diversion.
TITLE IV—OFFSETS
Sec. 4001. Promoting value in Medicaid managed care. Sec. 4002. Requiring reporting by group health plans of prescription drug cov-
erage information for purposes of identifying primary payer sit-uations under the Medicare program.
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5 Sec. 4003. Additional religious exemption from health coverage responsibility
requirement. Sec. 4004. Modernizing the reporting of biological and biosimilar products.
TITLE V—OTHER MEDICAID PROVISIONS
Subtitle A—Mandatory Reporting With Respect to Adult Behavioral Health Measures
Sec. 5001. Mandatory reporting with respect to adult behavioral health meas-ures.
Subtitle B—Medicaid IMD Additional Info
Sec. 5011. Short title. Sec. 5012. MACPAC exploratory study and report on institutions for mental
diseases requirements and practices under Medicaid.
Subtitle C—CHIP Mental Health and Substance Use Disorder Parity
Sec. 5021. Short title. Sec. 5022. Ensuring access to mental health and substance use disorder serv-
ices for children and pregnant women under the Children’s Health Insurance Program.
Subtitle D—Medicaid Reentry
Sec. 5031. Short title. Sec. 5032. Promoting State innovations to ease transitions integration to the
community for certain individuals.
Subtitle E—Medicaid Partnership
Sec. 5041. Short title. Sec. 5042. Medicaid providers are required to note experiences in record sys-
tems to help in-need patients.
Subtitle F—IMD CARE Act
Sec. 5051. Short title. Sec. 5052. State option to provide Medicaid coverage for certain individuals
with substance use disorders who are patients in certain insti-tutions for mental diseases.
Subtitle G—Medicaid Improvement Fund
Sec. 5061. Medicaid Improvement Fund.
TITLE VI—OTHER MEDICARE PROVISIONS
Subtitle A—Testing of Incentive Payments for Behavioral Health Providers for Adoption and Use of Certified Electronic Health Record Technology
Sec. 6001. Testing of incentive payments for behavioral health providers for adoption and use of certified electronic health record tech-nology.
Subtitle B—Abuse Deterrent Access
Sec. 6011. Short title.
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6 Sec. 6012. Study on abuse-deterrent opioid formulations access barriers under
Medicare.
Subtitle C—Medicare Opioid Safety Education
Sec. 6021. Medicare opioid safety education.
Subtitle D—Opioid Addiction Action Plan
Sec. 6031. Short title. Sec. 6032. Action plan on recommendations for changes under Medicare and
Medicaid to prevent opioids addictions and enhance access to medication-assisted treatment.
Subtitle E—Advancing High Quality Treatment for Opioid Use Disorders in Medicare
Sec. 6041. Short title. Sec. 6042. Opioid use disorder treatment demonstration program.
Subtitle F—Responsible Education Achieves Care and Healthy Outcomes for Users’ Treatment
Sec. 6051. Short title. Sec. 6052. Grants to provide technical assistance to outlier prescribers of
opioids.
Subtitle G—Preventing Addiction for Susceptible Seniors
Sec. 6061. Short title. Sec. 6062. Electronic prior authorization for covered part D drugs. Sec. 6063. Program integrity transparency measures under Medicare parts C
and D. Sec. 6064. Expanding eligibility for medication therapy management programs
under part D. Sec. 6065. Commit to opioid medical prescriber accountability and safety for
seniors. Sec. 6066. No additional funds authorized.
Subtitle H—Expanding Oversight of Opioid Prescribing and Payment
Sec. 6071. Short title. Sec. 6072. Medicare Payment Advisory Commission report on opioid payment,
adverse incentives, and data under the Medicare program. Sec. 6073. No additional funds authorized.
Subtitle I—Dr. Todd Graham Pain Management, Treatment, and Recovery
Sec. 6081. Short title. Sec. 6082. Review and adjustment of payments under the Medicare outpatient
prospective payment system to avoid financial incentives to use opioids instead of non-opioid alternative treatments.
Sec. 6083. Expanding access under the Medicare program to addiction treat-ment in Federally qualified health centers and rural health clinics.
Sec. 6084. Studying the availability of supplemental benefits designed to treat or prevent substance use disorders under Medicare Advantage plans.
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7 Sec. 6085. Clinical psychologist services models under the Center for Medicare
and Medicaid Innovation; GAO study and report. Sec. 6086. Dr. Todd Graham pain management study.
Subtitle J—Combating Opioid Abuse for Care in Hospitals
Sec. 6091. Short title. Sec. 6092. Developing guidance on pain management and opioid use disorder
prevention for hospitals receiving payment under part A of the Medicare program.
Sec. 6093. Requiring the review of quality measures relating to opioids and opioid use disorder treatments furnished under the medicare program and other federal health care programs.
Sec. 6094. Technical expert panel on reducing surgical setting opioid use; Data collection on perioperative opioid use.
Sec. 6095. Requiring the posting and periodic update of opioid prescribing guidance for Medicare beneficiaries.
Subtitle K—Providing Reliable Options for Patients and Educational Resources
Sec. 6101. Short title. Sec. 6102. Requiring Medicare Advantage plans and part D prescription drug
plans to include information on risks associated with opioids and coverage of nonpharmacological therapies and nonopioid medications or devices used to treat pain.
Sec. 6103. Requiring Medicare Advantage plans and prescription drug plans to provide information on the safe disposal of prescription drugs.
Sec. 6104. Revising measures used under the Hospital Consumer Assessment of Healthcare Providers and Systems survey relating to pain management.
Subtitle L—Fighting the Opioid Epidemic With Sunshine
Sec. 6111. Fighting the opioid epidemic with sunshine.
TITLE VII—PUBLIC HEALTH PROVISIONS
Subtitle A—Awareness and Training
Sec. 7001. Report on effects on public health of synthetic drug use. Sec. 7002. First responder training.
Subtitle B—Pilot Program for Public Health Laboratories To Detect Fentanyl and Other Synthetic Opioids
Sec. 7011. Pilot program for public health laboratories to detect fentanyl and other synthetic opioids.
Subtitle C—Indexing Narcotics, Fentanyl, and Opioids
Sec. 7021. Establishment of substance use disorder information dashboard. Sec. 7022. Interdepartmental Substance Use Disorders Coordinating Com-
mittee. Sec. 7023. National milestones to measure success in curtailing the opioid cri-
sis. Sec. 7024. Study on prescribing limits.
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8 Subtitle D—Ensuring Access to Quality Sober Living
Sec. 7031. National recovery housing best practices.
Subtitle E—Advancing Cutting Edge Research
Sec. 7041. Unique research initiatives. Sec. 7042. Pain research.
Subtitle F—Jessie’s Law
Sec. 7051. Inclusion of opioid addiction history in patient records. Sec. 7052. Communication with families during emergencies. Sec. 7053. Development and dissemination of model training programs for sub-
stance use disorder patient records.
Subtitle G—Protecting Pregnant Women and Infants
Sec. 7061. Report on addressing maternal and infant health in the opioid crisis. Sec. 7062. Protecting moms and infants. Sec. 7063. Early interventions for pregnant women and infants. Sec. 7064. Prenatal and postnatal health. Sec. 7065. Plans of safe care.
Subtitle H—Substance Use Disorder Treatment Workforce
Sec. 7071. Loan repayment program for substance use disorder treatment workforce.
Sec. 7072. Clarification regarding service in schools and other community-based settings.
Sec. 7073. Programs for health care workforce.
Subtitle I—Preventing Overdoses While in Emergency Rooms
Sec. 7081. Program to support coordination and continuation of care for drug overdose patients.
Subtitle J—Alternatives to Opioids in the Emergency Department
Sec. 7091. Emergency department alternatives to opioids demonstration pro-gram.
Subtitle K—Treatment, Education, and Community Help To Combat Addiction
Sec. 7101. Establishment of regional centers of excellence in substance use dis-order education.
Sec. 7102. Youth prevention and recovery.
Subtitle L—Information From National Mental Health and Substance Use Policy Laboratory
Sec. 7111. Information from National Mental Health and Substance Use Policy Laboratory.
Subtitle M—Comprehensive Opioid Recovery Centers
Sec. 7121. Comprehensive opioid recovery centers.
Subtitle N—Trauma-Informed Care
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9 Sec. 7131. CDC surveillance and data collection for child, youth, and adult
trauma. Sec. 7132. Task force to develop best practices for trauma-informed identifica-
tion, referral, and support. Sec. 7133. National Child Traumatic Stress Initiative. Sec. 7134. Grants to improve trauma support services and mental health care
for children and youth in educational settings. Sec. 7135. Recognizing early childhood trauma related to substance abuse.
Subtitle O—Eliminating Opioid Related Infectious Diseases
Sec. 7141. Reauthorization and expansion of program of surveillance and edu-cation regarding infections associated with illicit drug use and other risk factors.
Subtitle P—Peer Support Communities of Recovery
Sec. 7151. Building communities of recovery. Sec. 7152. Peer support technical assistance center.
Subtitle Q—Creating Opportunities That Necessitate New and Enhanced Connections That Improve Opioid Navigation Strategies
Sec. 7161. Preventing overdoses of controlled substances. Sec. 7162. Prescription drug monitoring program.
Subtitle R—Review of Substance Use Disorder Treatment Providers Receiving Federal Funding
Sec. 7171. Review of substance use disorder treatment providers receiving Fed-eral funding.
Subtitle S—Other Health Provisions
Sec. 7181. State response to the opioid abuse crisis. Sec. 7182. Report on investigations regarding parity in mental health and sub-
stance use disorder benefits. Sec. 7183. CAREER Act.
TITLE VIII—MISCELLANEOUS
Subtitle A—Synthetics Trafficking and Overdose Prevention
Sec. 8001. Short title. Sec. 8002. Customs fees. Sec. 8003. Mandatory advance electronic information for postal shipments. Sec. 8004. International postal agreements. Sec. 8005. Cost recoupment. Sec. 8006. Development of technology to detect illicit narcotics. Sec. 8007. Civil penalties for postal shipments. Sec. 8008. Report on violations of arrival, reporting, entry, and clearance re-
quirements and falsity or lack of manifest. Sec. 8009. Effective date; regulations.
Subtitle B—Opioid Addiction Recovery Fraud Prevention
Sec. 8021. Short title. Sec. 8022. Definitions.
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10 Sec. 8023. Unfair or deceptive acts or practices with respect to substance use
disorder treatment service and products.
Subtitle C—Addressing Economic and Workforce Impacts of the Opioid Crisis
Sec. 8041. Addressing economic and workforce impacts of the opioid crisis.
Subtitle D—Peer Support Counseling Program for Women Veterans
Sec. 8051. Peer support counseling program for women veterans.
Subtitle E—Treating Barriers to Prosperity
Sec. 8061. Short title. Sec. 8062. Drug abuse mitigation initiative.
Subtitle F—Pilot Program to Help Individuals in Recovery From a Substance Use Disorder Become Stably Housed
Sec. 8071. Pilot program to help individuals in recovery from a substance use disorder become stably housed.
Subtitle G—Human Services
Sec. 8081. Supporting family-focused residential treatment. Sec. 8082. Improving recovery and reunifying families. Sec. 8083. Building capacity for family-focused residential treatment.
Subtitle H—Reauthorizing and Extending Grants for Recovery From Opioid Use Programs
Sec. 8091. Short title. Sec. 8092. Reauthorization of the comprehensive opioid abuse grant program.
Subtitle I—Fighting Opioid Abuse in Transportation
Sec. 8101. Short title. Sec. 8102. Alcohol and controlled substance testing of mechanical employees. Sec. 8103. Department of Transportation public drug and alcohol testing data-
base. Sec. 8104. GAO report on Department of Transportation’s collection and use
of drug and alcohol testing data. Sec. 8105. Transportation Workplace Drug and Alcohol Testing Program; addi-
tion of fentanyl and other substances. Sec. 8106. Status reports on hair testing guidelines. Sec. 8107. Mandatory Guidelines for Federal Workplace Drug Testing Pro-
grams using Oral Fluid. Sec. 8108. Electronic recordkeeping. Sec. 8109. Status reports on Commercial Driver’s License Drug and Alcohol
Clearinghouse.
Subtitle J—Eliminating Kickbacks in Recovery
Sec. 8121. Short title. Sec. 8122. Criminal penalties.
Subtitle K—Substance Abuse Prevention
Sec. 8201. Short title.
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11 Sec. 8202. Reauthorization of the Office of National Drug Control Policy. Sec. 8203. Reauthorization of the Drug-Free Communities Program. Sec. 8204. Reauthorization of the National Community Anti-Drug Coalition In-
stitute. Sec. 8205. Reauthorization of the High-Intensity Drug Trafficking Area Pro-
gram. Sec. 8206. Reauthorization of drug court program. Sec. 8207. Drug court training and technical assistance. Sec. 8208. Drug overdose response strategy. Sec. 8209. Protecting law enforcement officers from accidental exposure. Sec. 8210. COPS Anti-Meth Program. Sec. 8211. COPS anti-heroin task force program. Sec. 8212. Comprehensive Addiction and Recovery Act education and aware-
ness. Sec. 8213. Reimbursement of substance use disorder treatment professionals. Sec. 8214. Sobriety Treatment and Recovery Teams (START). Sec. 8215. Provider education. Sec. 8216. Definitions. Sec. 8217. Amendments to administration of the Office. Sec. 8218. Emerging threats committee, plan, and media campaign. Sec. 8219. Drug interdiction. Sec. 8220. GAO Audit. Sec. 8221. National Drug Control Strategy. Sec. 8222. Technical and conforming amendments to the Office of National
Drug Control Policy Reauthorization Act of 1998.
Subtitle L—Budgetary Effects
Sec. 8231. Budgetary effect.
TITLE I—MEDICAID PROVISIONS 1TO ADDRESS THE OPIOID CRISIS 2SEC. 1001. AT-RISK YOUTH MEDICAID PROTECTION. 3
(a) IN GENERAL.—Section 1902 of the Social Secu-4
rity Act (42 U.S.C. 1396a) is amended— 5
(1) in subsection (a)— 6
(A) by striking ‘‘and’’ at the end of para-7
graph (82); 8
(B) by striking the period at the end of 9
paragraph (83) and inserting ‘‘; and’’; and 10
(C) by inserting after paragraph (83) the 11
following new paragraph: 12
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12
‘‘(84) provide that— 1
‘‘(A) the State shall not terminate eligi-2
bility for medical assistance under the State 3
plan for an individual who is an eligible juvenile 4
(as defined in subsection (nn)(2)) because the 5
juvenile is an inmate of a public institution (as 6
defined in subsection (nn)(3)), but may suspend 7
coverage during the period the juvenile is such 8
an inmate; 9
‘‘(B) in the case of an individual who is an 10
eligible juvenile described in paragraph (2)(A) 11
of subsection (nn), the State shall, prior to the 12
individual’s release from such a public institu-13
tion, conduct a redetermination of eligibility for 14
such individual with respect to such medical as-15
sistance (without requiring a new application 16
from the individual) and, if the State deter-17
mines pursuant to such redetermination that 18
the individual continues to meet the eligibility 19
requirements for such medical assistance, the 20
State shall restore coverage for such medical 21
assistance to such an individual upon the indi-22
vidual’s release from such public institution; 23
and 24
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13
‘‘(C) in the case of an individual who is an 1
eligible juvenile described in paragraph (2)(B) 2
of subsection (nn), the State shall process any 3
application for medical assistance submitted by, 4
or on behalf of, such individual such that the 5
State makes a determination of eligibility for 6
such individual with respect to such medical as-7
sistance upon release of such individual from 8
such public institution.’’; and 9
(2) by adding at the end the following new sub-10
section: 11
‘‘(nn) JUVENILE; ELIGIBLE JUVENILE; PUBLIC IN-12
STITUTION.—For purposes of subsection (a)(84) and this 13
subsection: 14
‘‘(1) JUVENILE.—The term ‘juvenile’ means an 15
individual who is— 16
‘‘(A) under 21 years of age; or 17
‘‘(B) described in subsection 18
(a)(10)(A)(i)(IX). 19
‘‘(2) ELIGIBLE JUVENILE.—The term ‘eligible 20
juvenile’ means a juvenile who is an inmate of a 21
public institution and who— 22
‘‘(A) was determined eligible for medical 23
assistance under the State plan immediately be-24
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14
fore becoming an inmate of such a public insti-1
tution; or 2
‘‘(B) is determined eligible for such med-3
ical assistance while an inmate of a public insti-4
tution. 5
‘‘(3) INMATE OF A PUBLIC INSTITUTION.—The 6
term ‘inmate of a public institution’ has the meaning 7
given such term for purposes of applying the sub-8
division (A) following paragraph (30) of section 9
1905(a), taking into account the exception in such 10
subdivision for a patient of a medical institution.’’. 11
(b) NO CHANGE IN EXCLUSION FROM MEDICAL AS-12
SISTANCE FOR INMATES OF PUBLIC INSTITUTIONS.— 13
Nothing in this section shall be construed as changing the 14
exclusion from medical assistance under the subdivision 15
(A) following paragraph (30) of section 1905(a) of the So-16
cial Security Act (42 U.S.C. 1396d(a)), as redesignated 17
by section 1006(b)(2)(B) of this Act, including any appli-18
cable restrictions on a State submitting claims for Federal 19
financial participation under title XIX of such Act for 20
such assistance. 21
(c) NO CHANGE IN CONTINUITY OF ELIGIBILITY BE-22
FORE ADJUDICATION OR SENTENCING.—Nothing in this 23
section shall be construed to mandate, encourage, or sug-24
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gest that a State suspend or terminate coverage for indi-1
viduals before they have been adjudicated or sentenced. 2
(d) EFFECTIVE DATE.— 3
(1) IN GENERAL.—Except as provided in para-4
graph (2), the amendments made by subsection (a) 5
shall apply to eligibility of juveniles who become in-6
mates of public institutions on or after the date that 7
is 1 year after the date of the enactment of this Act. 8
(2) RULE FOR CHANGES REQUIRING STATE 9
LEGISLATION.—In the case of a State plan for med-10
ical assistance under title XIX of the Social Security 11
Act which the Secretary of Health and Human Serv-12
ices determines requires State legislation (other than 13
legislation appropriating funds) in order for the plan 14
to meet the additional requirements imposed by the 15
amendments made by subsection (a), the State plan 16
shall not be regarded as failing to comply with the 17
requirements of such title solely on the basis of its 18
failure to meet these additional requirements before 19
the first day of the first calendar quarter beginning 20
after the close of the first regular session of the 21
State legislature that begins after the date of the en-22
actment of this Act. For purposes of the previous 23
sentence, in the case of a State that has a 2-year 24
legislative session, each year of such session shall be 25
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deemed to be a separate regular session of the State 1
legislature. 2
SEC. 1002. HEALTH INSURANCE FOR FORMER FOSTER 3
YOUTH. 4
(a) COVERAGE CONTINUITY FOR FORMER FOSTER 5
CARE CHILDREN UP TO AGE 26.— 6
(1) IN GENERAL.—Section 7
1902(a)(10)(A)(i)(IX) of the Social Security Act (42 8
U.S.C. 1396a(a)(10)(A)(i)(IX)) is amended— 9
(A) in item (bb), by striking ‘‘are not de-10
scribed in or enrolled under’’ and inserting ‘‘are 11
not described in and are not enrolled under’’; 12
(B) in item (cc), by striking ‘‘responsibility 13
of the State’’ and inserting ‘‘responsibility of a 14
State’’; and 15
(C) in item (dd), by striking ‘‘the State 16
plan under this title or under a waiver of the’’ 17
and inserting ‘‘a State plan under this title or 18
under a waiver of such a’’. 19
(2) EFFECTIVE DATE.—The amendments made 20
by this subsection shall take effect with respect to 21
foster youth who attain 18 years of age on or after 22
January 1, 2023. 23
(b) GUIDANCE.—Not later than 1 year after the date 24
of the enactment of this Act, the Secretary of Health and 25
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Human Services shall issue guidance to States, with re-1
spect to the State Medicaid programs of such States— 2
(1) on best practices for— 3
(A) removing barriers and ensuring 4
streamlined, timely access to Medicaid coverage 5
for former foster youth up to age 26; and 6
(B) conducting outreach and raising 7
awareness among such youth regarding Med-8
icaid coverage options for such youth; and 9
(2) which shall include examples of States that 10
have successfully extended Medicaid coverage to 11
former foster youth up to age 26. 12
SEC. 1003. DEMONSTRATION PROJECT TO INCREASE SUB-13
STANCE USE PROVIDER CAPACITY UNDER 14
THE MEDICAID PROGRAM. 15
Section 1903 of the Social Security Act (42 U.S.C. 16
1396b) is amended by adding at the end the following new 17
subsection: 18
‘‘(aa) DEMONSTRATION PROJECT TO INCREASE SUB-19
STANCE USE PROVIDER CAPACITY.— 20
‘‘(1) IN GENERAL.—Not later than the date 21
that is 180 days after the date of the enactment of 22
this subsection, the Secretary shall, in consultation, 23
as appropriate, with the Director of the Agency for 24
Healthcare Research and Quality and the Assistant 25
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Secretary for Mental Health and Substance Use, 1
conduct a 54-month demonstration project for the 2
purpose described in paragraph (2) under which the 3
Secretary shall— 4
‘‘(A) for the first 18-month period of such 5
project, award planning grants described in 6
paragraph (3); and 7
‘‘(B) for the remaining 36-month period of 8
such project, provide to each State selected 9
under paragraph (4) payments in accordance 10
with paragraph (5). 11
‘‘(2) PURPOSE.—The purpose described in this 12
paragraph is for each State selected under para-13
graph (4) to increase the treatment capacity of pro-14
viders participating under the State plan (or a waiv-15
er of such plan) to provide substance use disorder 16
treatment or recovery services under such plan (or 17
waiver) through the following activities: 18
‘‘(A) For the purpose described in para-19
graph (3)(C)(i), activities that support an ongo-20
ing assessment of the behavioral health treat-21
ment needs of the State, taking into account 22
the matters described in subclauses (I) through 23
(IV) of such paragraph. 24
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‘‘(B) Activities that, taking into account 1
the results of the assessment described in sub-2
paragraph (A), support the recruitment, train-3
ing, and provision of technical assistance for 4
providers participating under the State plan (or 5
a waiver of such plan) that offer substance use 6
disorder treatment or recovery services. 7
‘‘(C) Improved reimbursement for and ex-8
pansion of, through the provision of education, 9
training, and technical assistance, the number 10
or treatment capacity of providers participating 11
under the State plan (or waiver) that— 12
‘‘(i) are authorized to dispense drugs 13
approved by the Food and Drug Adminis-14
tration for individuals with a substance use 15
disorder who need withdrawal management 16
or maintenance treatment for such dis-17
order; 18
‘‘(ii) have in effect a registration or 19
waiver under section 303(g) of the Con-20
trolled Substances Act for purposes of dis-21
pensing narcotic drugs to individuals for 22
maintenance treatment or detoxification 23
treatment and are in compliance with any 24
regulation promulgated by the Assistant 25
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Secretary for Mental Health and Sub-1
stance Use for purposes of carrying out 2
the requirements of such section 303(g); 3
and 4
‘‘(iii) are qualified under applicable 5
State law to provide substance use disorder 6
treatment or recovery services. 7
‘‘(D) Improved reimbursement for and ex-8
pansion of, through the provision of education, 9
training, and technical assistance, the number 10
or treatment capacity of providers participating 11
under the State plan (or waiver) that have the 12
qualifications to address the treatment or recov-13
ery needs of— 14
‘‘(i) individuals enrolled under the 15
State plan (or a waiver of such plan) who 16
have neonatal abstinence syndrome, in ac-17
cordance with guidelines issued by the 18
American Academy of Pediatrics and 19
American College of Obstetricians and 20
Gynecologists relating to maternal care 21
and infant care with respect to neonatal 22
abstinence syndrome; 23
‘‘(ii) pregnant women, postpartum 24
women, and infants, particularly the con-25
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current treatment, as appropriate, and 1
comprehensive case management of preg-2
nant women, postpartum women and in-3
fants, enrolled under the State plan (or a 4
waiver of such plan); 5
‘‘(iii) adolescents and young adults be-6
tween the ages of 12 and 21 enrolled 7
under the State plan (or a waiver of such 8
plan); or 9
‘‘(iv) American Indian and Alaska Na-10
tive individuals enrolled under the State 11
plan (or a waiver of such plan). 12
‘‘(3) PLANNING GRANTS.— 13
‘‘(A) IN GENERAL.—The Secretary shall, 14
with respect to the first 18-month period of the 15
demonstration project conducted under para-16
graph (1), award planning grants to at least 10 17
States selected in accordance with subpara-18
graph (B) for purposes of preparing an applica-19
tion described in paragraph (4)(C) and carrying 20
out the activities described in subparagraph 21
(C). 22
‘‘(B) SELECTION.—In selecting States for 23
purposes of this paragraph, the Secretary 24
shall— 25
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‘‘(i) select States that have a State 1
plan (or waiver of the State plan) approved 2
under this title; 3
‘‘(ii) select States in a manner that 4
ensures geographic diversity; and 5
‘‘(iii) give preference to States with a 6
prevalence of substance use disorders (in 7
particular opioid use disorders) that is 8
comparable to or higher than the national 9
average prevalence, as measured by aggre-10
gate per capita drug overdoses, or any 11
other measure that the Secretary deems 12
appropriate. 13
‘‘(C) ACTIVITIES DESCRIBED.—Activities 14
described in this subparagraph are, with respect 15
to a State, each of the following: 16
‘‘(i) Activities that support the devel-17
opment of an initial assessment of the be-18
havioral health treatment needs of the 19
State to determine the extent to which pro-20
viders are needed (including the types of 21
such providers and geographic area of 22
need) to improve the network of providers 23
that treat substance use disorders under 24
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the State plan (or waiver), including the 1
following: 2
‘‘(I) An estimate of the number 3
of individuals enrolled under the State 4
plan (or a waiver of such plan) who 5
have a substance use disorder. 6
‘‘(II) Information on the capacity 7
of providers to provide substance use 8
disorder treatment or recovery serv-9
ices to individuals enrolled under the 10
State plan (or waiver), including in-11
formation on providers who provide 12
such services and their participation 13
under the State plan (or waiver). 14
‘‘(III) Information on the gap in 15
substance use disorder treatment or 16
recovery services under the State plan 17
(or waiver) based on the information 18
described in subclauses (I) and (II). 19
‘‘(IV) Projections regarding the 20
extent to which the State partici-21
pating under the demonstration 22
project would increase the number of 23
providers offering substance use dis-24
order treatment or recovery services 25
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under the State plan (or waiver) dur-1
ing the period of the demonstration 2
project. 3
‘‘(ii) Activities that, taking into ac-4
count the results of the assessment de-5
scribed in clause (i), support the develop-6
ment of State infrastructure to, with re-7
spect to the provision of substance use dis-8
order treatment or recovery services under 9
the State plan (or a waiver of such plan), 10
recruit prospective providers and provide 11
training and technical assistance to such 12
providers. 13
‘‘(D) FUNDING.—For purposes of subpara-14
graph (A), there is appropriated, out of any 15
funds in the Treasury not otherwise appro-16
priated, $50,000,000, to remain available until 17
expended. 18
‘‘(4) POST-PLANNING STATES.— 19
‘‘(A) IN GENERAL.—The Secretary shall, 20
with respect to the remaining 36-month period 21
of the demonstration project conducted under 22
paragraph (1), select not more than 5 States in 23
accordance with subparagraph (B) for purposes 24
of carrying out the activities described in para-25
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graph (2) and receiving payments in accordance 1
with paragraph (5). 2
‘‘(B) SELECTION.—In selecting States for 3
purposes of this paragraph, the Secretary 4
shall— 5
‘‘(i) select States that received a plan-6
ning grant under paragraph (3); 7
‘‘(ii) select States that submit to the 8
Secretary an application in accordance 9
with the requirements in subparagraph 10
(C), taking into consideration the quality 11
of each such application; 12
‘‘(iii) select States in a manner that 13
ensures geographic diversity; and 14
‘‘(iv) give preference to States with a 15
prevalence of substance use disorders (in 16
particular opioid use disorders) that is 17
comparable to or higher than the national 18
average prevalence, as measured by aggre-19
gate per capita drug overdoses, or any 20
other measure that the Secretary deems 21
appropriate. 22
‘‘(C) APPLICATIONS.— 23
‘‘(i) IN GENERAL.—A State seeking to 24
be selected for purposes of this paragraph 25
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shall submit to the Secretary, at such time 1
and in such form and manner as the Sec-2
retary requires, an application that in-3
cludes such information, provisions, and 4
assurances, as the Secretary may require, 5
in addition to the following: 6
‘‘(I) A proposed process for car-7
rying out the ongoing assessment de-8
scribed in paragraph (2)(A), taking 9
into account the results of the initial 10
assessment described in paragraph 11
(3)(C)(i). 12
‘‘(II) A review of reimbursement 13
methodologies and other policies re-14
lated to substance use disorder treat-15
ment or recovery services under the 16
State plan (or waiver) that may create 17
barriers to increasing the number of 18
providers delivering such services. 19
‘‘(III) The development of a plan, 20
taking into account activities carried 21
out under paragraph (3)(C)(ii), that 22
will result in long-term and sustain-23
able provider networks under the 24
State plan (or waiver) that will offer 25
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a continuum of care for substance use 1
disorders. Such plan shall include the 2
following: 3
‘‘(aa) Specific activities to 4
increase the number of providers 5
(including providers that spe-6
cialize in providing substance use 7
disorder treatment or recovery 8
services, hospitals, health care 9
systems, Federally qualified 10
health centers, and, as applicable, 11
certified community behavioral 12
health clinics) that offer sub-13
stance use disorder treatment, re-14
covery, or support services, in-15
cluding short-term detoxification 16
services, outpatient substance use 17
disorder services, and evidence- 18
based peer recovery services. 19
‘‘(bb) Strategies that will 20
incentivize providers described in 21
subparagraphs (C) and (D) of 22
paragraph (2) to obtain the nec-23
essary training, education, and 24
support to deliver substance use 25
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disorder treatment or recovery 1
services in the State. 2
‘‘(cc) Milestones and timeli-3
ness for implementing activities 4
set forth in the plan. 5
‘‘(dd) Specific measurable 6
targets for increasing the sub-7
stance use disorder treatment 8
and recovery provider network 9
under the State plan (or a waiver 10
of such plan). 11
‘‘(IV) A proposed process for re-12
porting the information required 13
under paragraph (6)(A), including in-14
formation to assess the effectiveness 15
of the efforts of the State to expand 16
the capacity of providers to deliver 17
substance use disorder treatment or 18
recovery services during the period of 19
the demonstration project under this 20
subsection. 21
‘‘(V) The expected financial im-22
pact of the demonstration project 23
under this subsection on the State. 24
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‘‘(VI) A description of all funding 1
sources available to the State to pro-2
vide substance use disorder treatment 3
or recovery services in the State. 4
‘‘(VII) A preliminary plan for 5
how the State will sustain any in-6
crease in the capacity of providers to 7
deliver substance use disorder treat-8
ment or recovery services resulting 9
from the demonstration project under 10
this subsection after the termination 11
of such demonstration project. 12
‘‘(VIII) A description of how the 13
State will coordinate the goals of the 14
demonstration project with any waiver 15
granted (or submitted by the State 16
and pending) pursuant to section 17
1115 for the delivery of substance use 18
services under the State plan, as ap-19
plicable. 20
‘‘(ii) CONSULTATION.—In completing 21
an application under clause (i), a State 22
shall consult with relevant stakeholders, in-23
cluding Medicaid managed care plans, 24
health care providers, and Medicaid bene-25
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ficiary advocates, and include in such ap-1
plication a description of such consultation. 2
‘‘(5) PAYMENT.— 3
‘‘(A) IN GENERAL.—For each quarter oc-4
curring during the period for which the dem-5
onstration project is conducted (after the first 6
18 months of such period), the Secretary shall 7
pay under this subsection, subject to subpara-8
graph (C), to each State selected under para-9
graph (4) an amount equal to 80 percent of so 10
much of the qualified sums expended during 11
such quarter. 12
‘‘(B) QUALIFIED SUMS DEFINED.—For 13
purposes of subparagraph (A), the term ‘quali-14
fied sums’ means, with respect to a State and 15
a quarter, the amount equal to the amount (if 16
any) by which the sums expended by the State 17
during such quarter attributable to substance 18
use disorder treatment or recovery services fur-19
nished by providers participating under the 20
State plan (or a waiver of such plan) exceeds 1/ 21
4 of such sums expended by the State during 22
fiscal year 2018 attributable to substance use 23
disorder treatment or recovery services. 24
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‘‘(C) NON-DUPLICATION OF PAYMENT.—In 1
the case that payment is made under subpara-2
graph (A) with respect to expenditures for sub-3
stance use disorder treatment or recovery serv-4
ices furnished by providers participating under 5
the State plan (or a waiver of such plan), pay-6
ment may not also be made under subsection 7
(a) with respect to expenditures for the same 8
services so furnished. 9
‘‘(6) REPORTS.— 10
‘‘(A) STATE REPORTS.—A State receiving 11
payments under paragraph (5) shall, for the pe-12
riod of the demonstration project under this 13
subsection, submit to the Secretary a quarterly 14
report, with respect to expenditures for sub-15
stance use disorder treatment or recovery serv-16
ices for which payment is made to the State 17
under this subsection, on the following: 18
‘‘(i) The specific activities with re-19
spect to which payment under this sub-20
section was provided. 21
‘‘(ii) The number of providers that de-22
livered substance use disorder treatment or 23
recovery services in the State under the 24
demonstration project compared to the es-25
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timated number of providers that would 1
have otherwise delivered such services in 2
the absence of such demonstration project. 3
‘‘(iii) The number of individuals en-4
rolled under the State plan (or a waiver of 5
such plan) who received substance use dis-6
order treatment or recovery services under 7
the demonstration project compared to the 8
estimated number of such individuals who 9
would have otherwise received such services 10
in the absence of such demonstration 11
project. 12
‘‘(iv) Other matters as determined by 13
the Secretary. 14
‘‘(B) CMS REPORTS.— 15
‘‘(i) INITIAL REPORT.—Not later than 16
October 1, 2020, the Administrator of the 17
Centers for Medicare & Medicaid Services 18
shall, in consultation with the Director of 19
the Agency for Healthcare Research and 20
Quality and the Assistant Secretary for 21
Mental Health and Substance Use, submit 22
to Congress an initial report on— 23
‘‘(I) the States awarded planning 24
grants under paragraph (3); 25
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‘‘(II) the criteria used in such se-1
lection; and 2
‘‘(III) the activities carried out 3
by such States under such planning 4
grants. 5
‘‘(ii) INTERIM REPORT.—Not later 6
than October 1, 2022, the Administrator 7
of the Centers for Medicare & Medicaid 8
Services shall, in consultation with the Di-9
rector of the Agency for Healthcare Re-10
search and Quality and the Assistant Sec-11
retary for Mental Health and Substance 12
Use, submit to Congress an interim re-13
port— 14
‘‘(I) on activities carried out 15
under the demonstration project 16
under this subsection; 17
‘‘(II) on the extent to which 18
States selected under paragraph (4) 19
have achieved the stated goals sub-20
mitted in their applications under sub-21
paragraph (C) of such paragraph; 22
‘‘(III) with a description of the 23
strengths and limitations of such dem-24
onstration project; and 25
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‘‘(IV) with a plan for the sustain-1
ability of such project. 2
‘‘(iii) FINAL REPORT.—Not later than 3
October 1, 2024, the Administrator of the 4
Centers for Medicare & Medicaid Services 5
shall, in consultation with the Director of 6
the Agency for Healthcare Research and 7
Quality and the Assistant Secretary for 8
Mental Health and Substance Use, submit 9
to Congress a final report— 10
‘‘(I) providing updates on the 11
matters reported in the interim report 12
under clause (ii); 13
‘‘(II) including a description of 14
any changes made with respect to the 15
demonstration project under this sub-16
section after the submission of such 17
interim report; and 18
‘‘(III) evaluating such dem-19
onstration project. 20
‘‘(C) AHRQ REPORT.—Not later than 3 21
years after the date of the enactment of this 22
subsection, the Director of the Agency for 23
Healthcare Research and Quality, in consulta-24
tion with the Administrator of the Centers for 25
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Medicare & Medicaid Services, shall submit to 1
Congress a summary on the experiences of 2
States awarded planning grants under para-3
graph (3) and States selected under paragraph 4
(4). 5
‘‘(7) DATA SHARING AND BEST PRACTICES.— 6
During the period of the demonstration project 7
under this subsection, the Secretary shall, in collabo-8
ration with States selected under paragraph (4), fa-9
cilitate data sharing and the development of best 10
practices between such States and States that were 11
not so selected. 12
‘‘(8) CMS FUNDING.—There is appropriated, 13
out of any funds in the Treasury not otherwise ap-14
propriated, $5,000,000 to the Centers for Medicare 15
& Medicaid Services for purposes of implementing 16
this subsection. Such amount shall remain available 17
until expended.’’. 18
SEC. 1004. MEDICAID DRUG REVIEW AND UTILIZATION. 19
(a) MEDICAID DRUG UTILIZATION REVIEW.— 20
(1) STATE PLAN REQUIREMENT.—Section 21
1902(a) of the Social Security Act (42 U.S.C. 22
1396a(a)), as amended by section 1001, is further 23
amended— 24
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(A) in paragraph (83), at the end, by 1
striking ‘‘and’’; 2
(B) in paragraph (84), at the end, by 3
striking the period and inserting ‘‘; and’’; and 4
(C) by inserting after paragraph (84) the 5
following new paragraph: 6
‘‘(85) provide that the State is in compliance 7
with the drug review and utilization requirements 8
under subsection (oo)(1).’’. 9
(2) DRUG REVIEW AND UTILIZATION REQUIRE-10
MENTS.—Section 1902 of the Social Security Act 11
(42 U.S.C. 1396a), as amended by section 1001, is 12
further amended by adding at the end the following 13
new subsection: 14
‘‘(oo) DRUG REVIEW AND UTILIZATION REQUIRE-15
MENTS.— 16
‘‘(1) IN GENERAL.—For purposes of subsection 17
(a)(85), the drug review and utilization requirements 18
under this subsection are, subject to paragraph (3) 19
and beginning October 1, 2019, the following: 20
‘‘(A) CLAIMS REVIEW LIMITATIONS.— 21
‘‘(i) IN GENERAL.—The State has in 22
place— 23
‘‘(I) safety edits (as specified by 24
the State) for subsequent fills for 25
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opioids and a claims review automated 1
process (as designed and implemented 2
by the State) that indicates when an 3
individual enrolled under the State 4
plan (or under a waiver of the State 5
plan) is prescribed a subsequent fill of 6
opioids in excess of any limitation 7
that may be identified by the State; 8
‘‘(II) safety edits (as specified by 9
the State) on the maximum daily mor-10
phine equivalent that can be pre-11
scribed to an individual enrolled under 12
the State plan (or under a waiver of 13
the State plan) for treatment of 14
chronic pain and a claims review auto-15
mated process (as designed and imple-16
mented by the State) that indicates 17
when an individual enrolled under the 18
plan (or waiver) is prescribed the mor-19
phine equivalent for such treatment in 20
excess of any limitation that may be 21
identified by the State; and 22
‘‘(III) a claims review automated 23
process (as designed and implemented 24
by the State) that monitors when an 25
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individual enrolled under the State 1
plan (or under a waiver of the State 2
plan) is concurrently prescribed 3
opioids and— 4
‘‘(aa) benzodiazepines; or 5
‘‘(bb) antipsychotics. 6
‘‘(ii) MANAGED CARE ENTITIES.—The 7
State requires each managed care entity 8
(as defined in section 1932(a)(1)(B)) with 9
respect to which the State has a contract 10
under section 1903(m) or under section 11
1905(t)(3) to have in place, subject to 12
paragraph (3), with respect to individuals 13
who are eligible for medical assistance 14
under the State plan (or under a waiver of 15
the State plan) and who are enrolled with 16
the entity, the limitations described in sub-17
clauses (I) and (II) of clause (i) and a 18
claims review automated process described 19
in subclause (III) of such clause. 20
‘‘(iii) RULES OF CONSTRUCTION.— 21
Nothing in this subparagraph may be con-22
strued as prohibiting a State or managed 23
care entity from designing and imple-24
menting a claims review automated process 25
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under this subparagraph that provides for 1
prospective or retrospective reviews of 2
claims. Nothing in this subparagraph shall 3
be understood as prohibiting the exercise 4
of clinical judgment from a provider en-5
rolled as a participating provider in a 6
State plan (or waiver of the State plan) or 7
contracting with a managed care entity re-8
garding the best items and services for an 9
individual enrolled under such State plan 10
(or waiver). 11
‘‘(B) PROGRAM TO MONITOR 12
ANTIPSYCHOTIC MEDICATIONS BY CHILDREN.— 13
The State has in place a program (as designed 14
and implemented by the State) to monitor and 15
manage the appropriate use of antipsychotic 16
medications by children enrolled under the 17
State plan (or under a waiver of the State plan) 18
and submits annually to the Secretary such in-19
formation as the Secretary may require on ac-20
tivities carried out under such program for indi-21
viduals not more than the age of 18 years gen-22
erally and children in foster care specifically. 23
‘‘(C) FRAUD AND ABUSE IDENTIFICA-24
TION.—The State has in place a process (as de-25
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signed and implemented by the State) that 1
identifies potential fraud or abuse of controlled 2
substances by individuals enrolled under the 3
State plan (or under a waiver of the State 4
plan), health care providers prescribing drugs 5
to individuals so enrolled, and pharmacies dis-6
pensing drugs to individuals so enrolled. 7
‘‘(D) REPORTS.—The State shall include 8
in the annual report submitted to the Secretary 9
under section 1927(g)(3)(D) information on the 10
limitations, requirement, program, and proc-11
esses applied by the State under subparagraphs 12
(A) through (C) in accordance with such man-13
ner and time as specified by the Secretary. 14
‘‘(E) CLARIFICATION.—Nothing shall pre-15
vent a State from satisfying the requirement— 16
‘‘(i) described in subparagraph (A) by 17
having safety edits or a claims review auto-18
mated process described in such subpara-19
graph that was in place before October 1, 20
2019; 21
‘‘(ii) described in subparagraph (B) 22
by having a program described in such 23
subparagraph that was in place before 24
such date; or 25
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‘‘(iii) described in subparagraph (C) 1
by having a process described in such sub-2
paragraph that was in place before such 3
date. 4
‘‘(2) ANNUAL REPORT BY SECRETARY.—For 5
each fiscal year beginning with fiscal year 2020, the 6
Secretary shall submit to Congress a report on the 7
most recent information submitted by States under 8
paragraph (1)(D). 9
‘‘(3) EXCEPTIONS.— 10
‘‘(A) CERTAIN INDIVIDUALS EXEMPTED.— 11
The drug review and utilization requirements 12
under this subsection shall not apply with re-13
spect to an individual who— 14
‘‘(i) is receiving— 15
‘‘(I) hospice or palliative care; or 16
‘‘(II) treatment for cancer; 17
‘‘(ii) is a resident of a long-term care 18
facility, of a facility described in section 19
1905(d), or of another facility for which 20
frequently abused drugs are dispensed for 21
residents through a contract with a single 22
pharmacy; or 23
‘‘(iii) the State elects to treat as ex-24
empted from such requirements. 25
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‘‘(B) EXCEPTION RELATING TO ENSURING 1
ACCESS.—In order to ensure reasonable access 2
to health care, the Secretary shall waive the 3
drug review and utilization requirements under 4
this subsection, with respect to a State, in the 5
case of natural disasters and similar situations, 6
and in the case of the provision of emergency 7
services (as defined for purposes of section 8
1860D–4(c)(5)(D)(ii)(II)).’’. 9
(3) MANAGED CARE ENTITIES.—Section 1932 10
of the Social Security Act (42 U.S.C. 1396u–2) is 11
amended by adding at the end the following new 12
subsection: 13
‘‘(i) DRUG UTILIZATION REVIEW ACTIVITIES AND 14
REQUIREMENTS.—Beginning not later than October 1, 15
2019, each contract under a State plan with a managed 16
care entity (other than a primary care case manager) 17
under section 1903(m) shall provide that the entity is in 18
compliance with the applicable provisions of section 19
438.3(s)(2) of title 42, Code of Federal Regulations, sec-20
tion 483.3(s)(4)) of such title, and section 483.3(s)(5) of 21
such title, as such provisions were in effect on March 31, 22
2018.’’. 23
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(b) IDENTIFYING AND ADDRESSING INAPPROPRIATE 1
PRESCRIBING AND BILLING PRACTICES UNDER MED-2
ICAID.— 3
(1) IN GENERAL.—Section 1927(g) of the So-4
cial Security Act (42 U.S.C. 1396r–8(g)) is amend-5
ed— 6
(A) in paragraph (1)(A)— 7
(i) by striking ‘‘of section 8
1903(i)(10)(B)’’ and inserting ‘‘of section 9
1902(a)(54)’’; 10
(ii) by striking ‘‘, by not later than 11
January 1, 1993,’’; 12
(iii) by inserting after ‘‘gross over-13
use,’’ the following: ‘‘excessive utilization,’’; 14
and 15
(iv) by striking ‘‘or inappropriate or 16
medically unnecessary care’’ and inserting 17
‘‘inappropriate or medically unnecessary 18
care, or prescribing or billing practices 19
that indicate abuse or excessive utiliza-20
tion’’; and 21
(B) in paragraph (2)(B)— 22
(i) by inserting after ‘‘gross overuse,’’ 23
the following: ‘‘excessive utilization,’’; and 24
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(ii) by striking ‘‘or inappropriate or 1
medically unnecessary care’’ and inserting 2
‘‘inappropriate or medically unnecessary 3
care, or prescribing or billing practices 4
that indicate abuse or excessive utiliza-5
tion’’. 6
(2) EFFECTIVE DATE.—The amendments made 7
by paragraph (1) shall take effect with respect to 8
retrospective drug use reviews conducted on or after 9
October 1, 2020. 10
SEC. 1005. GUIDANCE TO IMPROVE CARE FOR INFANTS 11
WITH NEONATAL ABSTINENCE SYNDROME 12
AND THEIR MOTHERS; GAO STUDY ON GAPS 13
IN MEDICAID COVERAGE FOR PREGNANT 14
AND POSTPARTUM WOMEN WITH SUBSTANCE 15
USE DISORDER. 16
(a) GUIDANCE.—Not later than 1 year after the date 17
of the enactment of this Act, the Secretary of Health and 18
Human Services shall issue guidance to improve care for 19
infants with neonatal abstinence syndrome and their fami-20
lies. Such guidance shall include— 21
(1) best practices from States with respect to 22
innovative or evidenced-based payment models that 23
focus on prevention, screening, treatment, plans of 24
safe care, and postdischarge services for mothers 25
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and fathers with substance use disorders and babies 1
with neonatal abstinence syndrome that improve 2
care and clinical outcomes; 3
(2) recommendations for States on available fi-4
nancing options under the Medicaid program under 5
title XIX of such Act and under the Children’s 6
Health Insurance Program under title XXI of such 7
Act for Children’s Health Insurance Program 8
Health Services Initiative funds for parents with 9
substance use disorders, infants with neonatal absti-10
nence syndrome, and home-visiting services; 11
(3) guidance and technical assistance to State 12
Medicaid agencies regarding additional flexibilities 13
and incentives related to screening, prevention, and 14
postdischarge services, including parenting supports, 15
and infant-caregiver bonding, including 16
breastfeeding when it is appropriate; and 17
(4) guidance regarding suggested terminology 18
and ICD codes to identify infants with neonatal ab-19
stinence syndrome and neonatal opioid withdrawal 20
syndrome, which could include opioid-exposure, 21
opioid withdrawal not requiring pharmacotherapy, 22
and opioid withdrawal requiring pharmacotherapy. 23
(b) GAO STUDY.—Not later than 1 year after the 24
date of the enactment of this Act, the Comptroller General 25
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of the United States shall conduct a study, and submit 1
to Congress a report, addressing gaps in coverage for 2
pregnant women with substance use disorder under the 3
Medicaid program under title XIX of the Social Security 4
Act, and gaps in coverage for postpartum women with sub-5
stance use disorder who had coverage during their preg-6
nancy under the Medicaid program under such title. 7
SEC. 1006. MEDICAID HEALTH HOMES FOR SUBSTANCE- 8
USE-DISORDER MEDICAID ENROLLEES. 9
(a) EXTENSION OF ENHANCED FMAP FOR CERTAIN 10
HEALTH HOMES FOR INDIVIDUALS WITH SUBSTANCE 11
USE DISORDERS.—Section 1945(c) of the Social Security 12
Act (42 U.S.C. 1396w–4(c)) is amended— 13
(1) in paragraph (1), by inserting ‘‘subject to 14
paragraph (4),’’ after ‘‘except that,’’; and 15
(2) by adding at the end the following new 16
paragraph: 17
‘‘(4) SPECIAL RULE RELATING TO SUBSTANCE 18
USE DISORDER HEALTH HOMES.— 19
‘‘(A) IN GENERAL.—In the case of a State 20
with an SUD-focused State plan amendment 21
approved by the Secretary on or after October 22
1, 2018, the Secretary may, at the request of 23
the State, extend the application of the Federal 24
medical assistance percentage described in 25
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paragraph (1) to payments for the provision of 1
health home services to SUD-eligible individuals 2
under such State plan amendment, in addition 3
to the first 8 fiscal year quarters the State plan 4
amendment is in effect, for the subsequent 2 5
fiscal year quarters that the State plan amend-6
ment is in effect. Nothing in this section shall 7
be construed as prohibiting a State with a State 8
plan amendment that is approved under this 9
section and that is not an SUD-focused State 10
plan amendment from additionally having ap-11
proved on or after such date an SUD-focused 12
State plan amendment under this section, in-13
cluding for purposes of application of this para-14
graph. 15
‘‘(B) REPORT REQUIREMENTS.—In the 16
case of a State with an SUD-focused State plan 17
amendment for which the application of the 18
Federal medical assistance percentage has been 19
extended under subparagraph (A), such State 20
shall, at the end of the period of such State 21
plan amendment, submit to the Secretary a re-22
port on the following, with respect to SUD-eli-23
gible individuals provided health home services 24
under such State plan amendment: 25
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‘‘(i) The quality of health care pro-1
vided to such individuals, with a focus on 2
outcomes relevant to the recovery of each 3
such individual. 4
‘‘(ii) The access of such individuals to 5
health care. 6
‘‘(iii) The total expenditures of such 7
individuals for health care. 8
For purposes of this subparagraph, the Sec-9
retary shall specify all applicable measures for 10
determining quality, access, and expenditures. 11
‘‘(C) BEST PRACTICES.—Not later than 12
October 1, 2020, the Secretary shall make pub-13
licly available on the internet website of the 14
Centers for Medicare & Medicaid Services best 15
practices for designing and implementing an 16
SUD-focused State plan amendment, based on 17
the experiences of States that have State plan 18
amendments approved under this section that 19
include SUD-eligible individuals. 20
‘‘(D) DEFINITIONS.—For purposes of this 21
paragraph: 22
‘‘(i) SUD-ELIGIBLE INDIVIDUALS.— 23
The term ‘SUD-eligible individual’ means, 24
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with respect to a State, an individual who 1
satisfies all of the following: 2
‘‘(I) The individual is an eligible 3
individual with chronic conditions. 4
‘‘(II) The individual is an indi-5
vidual with a substance use disorder. 6
‘‘(III) The individual has not pre-7
viously received health home services 8
under any other State plan amend-9
ment approved for the State under 10
this section by the Secretary. 11
‘‘(ii) SUD-FOCUSED STATE PLAN 12
AMENDMENT.—The term ‘SUD-focused 13
State plan amendment’ means a State plan 14
amendment under this section that is de-15
signed to provide health home services pri-16
marily to SUD-eligible individuals.’’. 17
(b) REQUIREMENT FOR STATE MEDICAID PLANS TO 18
PROVIDE COVERAGE FOR MEDICATION-ASSISTED TREAT-19
MENT.— 20
(1) REQUIREMENT FOR STATE MEDICAID PLANS 21
TO PROVIDE COVERAGE FOR MEDICATION-ASSISTED 22
TREATMENT.—Section 1902(a)(10)(A) of the Social 23
Security Act (42 U.S.C. 1396a(a)(10)(A)) is amend-24
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ed, in the matter preceding clause (i), by striking 1
‘‘and (28)’’ and inserting ‘‘(28), and (29)’’. 2
(2) INCLUSION OF MEDICATION-ASSISTED 3
TREATMENT AS MEDICAL ASSISTANCE.—Section 4
1905(a) of the Social Security Act (42 U.S.C. 5
1396d(a)) is amended— 6
(A) in paragraph (28), by striking ‘‘and’’ 7
at the end; 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) subject to paragraph (2) of subsection 13
(ee), for the period beginning October 1, 2020, and 14
ending September 30, 2025, medication-assisted 15
treatment (as defined in paragraph (1) of such sub-16
section); and’’. 17
(3) MEDICATION-ASSISTED TREATMENT DE-18
FINED; WAIVERS.—Section 1905 of the Social Secu-19
rity Act (42 U.S.C. 1396d) is amended by adding at 20
the end the following new subsection: 21
‘‘(ee) MEDICATION-ASSISTED TREATMENT.— 22
‘‘(1) DEFINITION.—For purposes of subsection 23
(a)(29), the term ‘medication-assisted treatment’— 24
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51
‘‘(A) means all drugs approved under sec-1
tion 505 of the Federal Food, Drug, and Cos-2
metic Act (21 U.S.C. 355), including metha-3
done, and all biological products licensed under 4
section 351 of the Public Health Service Act 5
(42 U.S.C. 262) to treat opioid use disorders; 6
and 7
‘‘(B) includes, with respect to the provision 8
of such drugs and biological products, coun-9
seling services and behavioral therapy. 10
‘‘(2) EXCEPTION.—The provisions of paragraph 11
(29) of subsection (a) shall not apply with respect to 12
a State for the period specified in such paragraph, 13
if before the beginning of such period the State cer-14
tifies to the satisfaction of the Secretary that imple-15
menting such provisions statewide for all individuals 16
eligible to enroll in the State plan (or waiver of the 17
State plan) would not be feasible by reason of a 18
shortage of qualified providers of medication-assisted 19
treatment, or facilities providing such treatment, 20
that will contract with the State or a managed care 21
entity with which the State has a contract under 22
section 1903(m) or under section 1905(t)(3).’’. 23
(4) EFFECTIVE DATE.— 24
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52
(A) IN GENERAL.—Subject to subpara-1
graph (B), the amendments made by this sub-2
section shall apply with respect to medical as-3
sistance provided on or after October 1, 2020, 4
and before October 1, 2025. 5
(B) EXCEPTION FOR STATE LEGISLA-6
TION.—In the case of a State plan under title 7
XIX of the Social Security Act (42 U.S.C. 1396 8
et seq.) that the Secretary of Health and 9
Human Services determines requires State leg-10
islation in order for the respective plan to meet 11
any requirement imposed by the amendments 12
made by this subsection, the respective plan 13
shall not be regarded as failing to comply with 14
the requirements of such title solely on the 15
basis of its failure to meet such an additional 16
requirement before the first day of the first cal-17
endar quarter beginning after the close of the 18
first regular session of the State legislature that 19
begins after the date of the enactment of this 20
Act. For purposes of the previous sentence, in 21
the case of a State that has a 2-year legislative 22
session, each year of the session shall be consid-23
ered to be a separate regular session of the 24
State legislature. 25
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53 SEC. 1007. CARING RECOVERY FOR INFANTS AND BABIES. 1
(a) STATE PLAN AMENDMENT.—Section 1902(a) of 2
the Social Security Act (42 U.S.C. 1396a(a)), as amended 3
by sections 1001 and 1004, is further amended— 4
(1) in paragraph (84)(C), by striking ‘‘and’’ 5
after the semicolon; 6
(2) in paragraph (85), by striking the period at 7
the end and inserting ‘‘; and’’; and 8
(3) by inserting after paragraph (85), the fol-9
lowing new paragraph: 10
‘‘(86) provide, at the option of the State, for 11
making medical assistance available on an inpatient 12
or outpatient basis at a residential pediatric recovery 13
center (as defined in subsection (pp)) to infants with 14
neonatal abstinence syndrome.’’. 15
(b) RESIDENTIAL PEDIATRI