,,ii #aagth ,,congress #b;d ,session ,s4 #dgdg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #b1 #bjbb,mr4 ,portman 7for himself and ,mr4 ,casey7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend title ,,xix of the ,social ,security ,act to expand the availability of mental1 emotional1 and behavioral health services under the ,medicaid program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,investing in ,kids' ,mental ,health ,now ,act of #bjbb4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,payment rate increase for pediatric behavioral health services4,sec4 #d4 ,guidance to ,states on supporting mental1 emotional1 and behavioral health services1 and on the availability of telehealth under ,medicaid4,sec4 #e4 ,ensuring children receive timely access to care4 #c4 ,payment rate increase for pediatric behavioral health services 7a7 ,payment rate increase for pediatric behavioral health services ,section #aijb of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended-- 7#a7 in subsection 7a77#ac7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by adding and at the end2 and 7,c7 by adding at the end the following new subparagraph3 7,d7 that1 for a #a-year period that begins not later than #f months after the date of enactment of this subparagraph1 the ,state shall pay for pediatric mental1 emotional1 and behavioral health services 7as defined in subsection 7tt77 furnished during such period at a rate that is at least #a percent1 and not more than #i percent1 higher than the rate that was applicable to such services under the ,state plan as of the day before the date that is #f months before the date of enactment of this subparagraph2 2 and 7#b7 by adding at the end the following new subsection3 7tt7 ,pediatric mental1 emotional1 and behavioral health services defined ,for purposes of subsection 7a77#ac77;,d71 the term pediatric mental1 emotional1 and behavioral health services means at least #aj of the following services furnished by a health care provider1 including hospitals1 physicians1 and other providers determined by the ,secretary1 for the purposes of screening for1 identifying1 diagnosing1 or treating a mental1 emotional1 or behavioral health condition1 whether furnished in-person or via telehealth3 7#a7 ,mental health and substance use disorder screenings4 7#b7 ,mental health development assessments4 7#c7 ,mental health behavior assessments and interventions4 7#d7 ,psychological and neuropsychological testing and assessment4 7#e7 ,mental health primary prevention services4 7#f7 ,mental health and substance use disorder case management services4 7#g7 ,school-based mental health and substance use disorder prevention1 identification1 and treatment services4 7#h7 ,child and adolescent psychiatry and psychology services4 7#i7 ,partial hospitalization services4 7#aj7 ,day program services4 7#aa7 ,intensive outpatient services4 7#ab7 ,eating disorder treatment services4 7#ac7 ,outpatient services4 7#ad7 ,crisis residential services4 7#ae7 ,crisis intervention and stabilization4 7#af7 ,inpatient psychiatric and psychological services4 7#ag7 ,individual therapy4 7#ah7 ,family therapy4 7#ai7 ,group therapy services4 7#bj7 ,intensive in-home services4 7#ba7 ,peer support services4 7#bb7 ,provider-to-provider consultation services involving primary care practitioners and mental health care specialists1 including child and adolescent specialists4 7#bc7 ,substance use disorder screening1 including ,,sbirt1 and treatment4 7#bd7 ,medication management4 7#be7 ,any other pediatric mental1 emotional1 or behavioral health service determined appropriate by the ,secretary4 4 7b7 ,under medicaid managed care plans ,section #aicb7;f7 of such ,act 7#db ,u4,s4,c4 #acifu-#b7;f77 is amended-- 7#a7 in the header1 by inserting and pediatric mental1 emotional1 and behavioral health before ,services2 7#b7 by inserting and pediatric mental1 emotional1 and behavioral health services described in section #aijb7;a77#ac77;,d7 after section #aijb7;a77#ac77;,c72 and 7#c7 by striking such section and inserting section #aijb7;a77#ac74 7c7 ,increase in payment using increased ,,fmap ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended by adding at the end the following new subsection3 7jj7 ,increased ,,fmap for additional expenditures for pediatric mental1 emotional1 and behavioral health services ,notwithstanding subsection 7b71 with respect to the portion of the amounts expended for medical assistance for services described in section #aijb7;a77#ac77;,d7 that is furnished during the #a-year period described in such section and that is attributable to the increase to the payment rate applicable to such services required under such section 7or1 by application1 section #aicb7;f771 the ,federal medical assistance percentage for a ,state that is one of the #ej ,states or the ,district of ,columbia shall be equal to #ajj percent4 ,the preceding sentence does not prohibit the payment of ,federal financial participation based on the ,federal medical assistance percentage for amounts in excess of those specified in such sentence4 4 #d4 ,guidance to ,states on supporting mental1 emotional1 and behavioral health services1 and on the availability of telehealth under ,medicaid 7a7 ,mental1 emotional1 and behavioral health services ,not later than #ahj days after date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall issue guidance to ,states on how to expand the provision of mental1 emotional1 and behavioral health services covered by ,state plans 7or waivers of such plans7 under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 including a description of best practices for effective programs1 service provision for underserved communities1 meeting the needs of children with medical complexities1 and recruitment and retention of providers4 7b7 ,mental1 emotional1 and behavioral telehealth services ,not later than #a year after date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall issue guidance to ,states on best practices to sustain and enhance the availability of mental1 emotional1 and behavioral telehealth services covered by ,state plans 7or waivers of such plans7 under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 including expanding the originating site requirement1 delivering audio-only mental1 emotional1 and behavioral telehealth services1 and streamlining provider licensing1 credentialing1 and enrollment protocols with respect to telehealth services furnished across ,state lines4 #e4 ,ensuring children receive timely access to care 7a7 ,guidance to ,states on flexibilities ,to ensure provider capacity ,to provide pediatric mental1 emotional1 and behavioral crisis care ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall provide guidance to ,states on best practices to support children in crisis or in need of intensive mental1 emotional1 or behavioral health services by using flexibilities for hospitals and other providers under applicable laws1 regulations1 and guidance1 including a description of how ,states are leveraging existing flexibilities to deliver crisis care4 7b7 ,mandated report to ,congress regarding barriers to repurposing of beds1 space1 and staff ,to address pediatric behavioral health needs 7#a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall submit to the ,congress a report with respect to regulatory1 legal1 and other barriers to care across the crisis continuum1 including intermediate level care1 such as intensive outpatient care or partial hospitalization1 that identifies solutions to facilitate flexibility for children's hospitals and other providers of mental1 emotional1 or behavioral health services4 7#b7 ,requirements ,in preparing a report under this subsection1 the ,secretary of ,health and ,human ,services shall include in such report-- 7,a7 a comprehensive list of laws1 regulations1 and guidance impacting children's hospitals' and other providers' ability to repurpose immediately beds1 space1 and staff for children in need of mental1 emotional1 or behavioral health services1 including a description of the rationale for each policy and corresponding actions required to repurpose such beds1 space1 and staff2 and 7,b7 recommendations on how children's hospitals and other providers can immediately expand access to mental1 emotional1 and behavioral health services1 such as intensive outpatient care1 partial hospitalization1 and residential care1 while also ensuring high quality and safety4