[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3192 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
2d Session
H. R. 3192
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2018
Received; read twice and referred to the Committee on Finance
_______________________________________________________________________
AN ACT
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.
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 ``CHIP Mental Health Parity Act''.
SEC. 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.--
Regardless of the type of coverage elected by a State under
subsection (a), child health assistance provided under such
coverage for targeted low-income children and, in the case that
the State elects to provide pregnancy-related assistance under
such coverage pursuant to section 2112, such pregnancy-related
assistance for targeted low-income women (as defined in section
2112(d)) 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 1 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.
Passed the House of Representatives June 19, 2018.
Attest:
KAREN L. HAAS,
Clerk.