Medicaid Bump Act
This bill increases the Medicaid federal matching rate, also known as the Federal Medical Assistance Percentage (FMAP), for behavioral health expenses that exceed prior levels (i.e., as of March 31, 2019). The Centers for Medicare & Medicaid Services must specify which services are eligible for the increased FMAP. States must use funds to supplement state funding for programs in effect as of April 1, 2021, and to increase the capacity, efficiency, and quality of services.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4892 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4892
To amend title XIX of the Social Security Act to provide a higher
Federal matching rate for increased expenditures under Medicaid for
behavioral health services (including those related to mental health
and substance use), and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2023
Mr. Tonko (for himself, Mr. Fitzpatrick, and Mr. Trone) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to provide a higher
Federal matching rate for increased expenditures under Medicaid for
behavioral health services (including those related to mental health
and substance use), and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Bump Act''.
SEC. 2. HIGHER FEDERAL MATCH FOR INCREASED EXPENDITURES UNDER MEDICAID
FOR BEHAVIORAL HEALTH SERVICES.
(a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended--
(1) in subsection (a)(5)--
(A) by striking ``an amount equal'' and inserting
``(A) an amount equal''; and
(B) by adding at the end the following: ``and
``(B) subject to subsection (b)(6), an amount equal
to 90 percent of the amount by which--
``(i) the sum of the amounts expended
during such quarter which are attributable to
the offering, arranging, and furnishing
(directly or on a contract basis) under the
State plan (or under a waiver of the plan) of
behavioral health services (including those
related to mental health and substance use),
exceeds
``(ii) the sum of the amounts expended
during the corresponding quarter in the 4-
quarter period ending on March 31, 2019, which
are attributable to the offering, arranging,
and furnishing (directly or on a contract
basis) under the State plan (or under a waiver
of the plan) of such services, plus''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(6) Accountability and maintenance of effort requirements
for additional federal funding for increased expenditures for
behavioral health services.--As a condition for receiving the
funds the Secretary is otherwise obligated to pay to a State
under subsection (a)(5)(B), a State shall meet the following
requirements:
``(A) Supplement, not supplant.--The State shall
use the funds received under such subsection to
supplement, not supplant, the level of State funds
expended for the offering, arranging, and furnishing
(directly or on a contract basis) under the State plan
(or under a waiver of the plan) of behavioral health
services (including those related to mental health and
substance use) through programs and activities in
effect as of April 1, 2021.
``(B) Use of funds for activities that improve
delivery of behavioral health services.--The State
shall use the funds received under such subsection for
activities that increase the capacity, efficiency, and
quality in the provision of behavioral health services
(including those related to mental health and substance
use) delivered by providers, including through
increases in payment rates for providers of those
services and the adoption of other measures that ensure
a reduction in staff turnover.''.
(b) Sub-Regulatory Guidance.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Health and Human
Services shall issue sub-regulatory guidance to States specifying the
services that are behavioral health services for purposes of
subparagraph (B) of section 1903(a)(5) of the Social Security Act (42
U.S.C. 1396b(a)(5)), as added by subsection (a).
(c) Effective Date.--The amendments made by this section shall
apply with respect to calendar quarters beginning on or after January 1
of the year beginning 1 year after the date of the enactment of this
Act.
SEC. 3. REPORT REGARDING BEHAVIORAL HEALTH SERVICE.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary of Health and Human Services shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a report
regarding behavioral health services (including those related to mental
health and substance use) provided under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) in each State, specifying the
payment rates for such services, the rationale for deriving such
payment rates, and utilization of such services, as such data are
available.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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