H.R. 3192 — Reported in House

IB Union Calendar No. 569 115th CONGRESS 2d Session H. R. 3192 [Report No. 115–734] IN THE HOUSE OF REPRESENTATIVES 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, 2018Additional 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 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. 1. Short title This Act may be cited as the CHIP Mental Health Parity Act. 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: (E) Mental health and substance use disorder services (as defined in paragraph (5)). . (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— (A) include coverage of mental health services (including behavioral health treatment) necessary to prevent, diagnose, and treat a broad range of mental health symptoms and disorders, including substance use disorders; and (B) be delivered in a culturally and linguistically appropriate manner. . (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— (i) in paragraph (18), by striking substance abuse each place it appears and inserting substance use; and (ii) in paragraph (19), by striking substance abuse and inserting substance use. (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. 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