S.Amdt. 2836Senate113th Congress (2013-2015)

S.Amdt. 2836

What it does: Adds SEC. _. QUALITY FOSTER CARE SERVICES at the end of the bill
Submitted March 12, 2014

What it changes

1 change to S. 1086 · shown in the bill's text

Adds a section
  1. Adds SEC. _. QUALITY FOSTER CARE SERVICES at the end of the bill

    Adds a section

    In S. 1086 · Reported to Senate

    Section 319C-1(b)(2)(A)(vii) of the Public Health Service Act (42 U.S.C. 247d-3a(b)(2)(A)(vii)) is amended by inserting "or established" after "designated".

    Inserted: SEC. _. QUALITY FOSTER CARE SERVICES.

    Inserted: (a) Inclusion of Therapeutic Foster Care as Medical Assistance.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended--

    Inserted: (1) in subsection (a)--

    Inserted: (A) in paragraph (28), by striking "and" at the end;

    Inserted: (B) by redesignating paragraph (29) as paragraph (30); and

    Inserted: (C) by inserting after paragraph (28) the following new paragraph:

    Inserted: "(29) therapeutic foster care services described in subsection (ee); and"; and

    Inserted: (2) by adding at the end the following new subsection:

    Inserted: "(ee)(1) For purposes of subsection (a)(29), subject to subparagraph (C), therapeutic foster care services described in this subsection are services provided for children who have not attained age 21, and who, as a result of mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, need the level of care provided in an institution (including a psychiatric residential treatment facility) or nursing facility the cost of which could be reimbursed under the State plan but who can be cared for or maintained in a community placement, through therapeutic foster care programs that--

    Inserted: "(A) are licensed by the State and accredited by the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or by another equivalent accreditation agency (or agencies) as the Secretary may recognize;

    Inserted: "(B) provide structured daily activities, including the development, improvement, monitoring, and reinforcing of age-appropriate social, communication and behavioral skills, trauma-informed and gender-responsive services, crisis intervention and crisis support services, medication monitoring, counseling, and case management, and may furnish other intensive community services; and

    Inserted: "(C) provide foster care parents with specialized training and consultation in the management of children with mental illness, trauma, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and specific additional training on the needs of each child provided such services.

    Show 3 more inserted paragraphs

    Inserted: "(2) In making coverage determinations under paragraph (1), a State may employ medical necessity criteria that are similar to the medical necessity criteria applied to coverage determinations for other services and supports under this title.

    Inserted: "(3) The services described in this subsection do not include the training referred to in paragraph (1)(C).".

    Inserted: (b) Effective Date.--The amendments made by subsection (a) shall apply to calendar quarters beginning on or after the date of enactment of this Act.

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2836. Ms. BALDWIN (for herself and Mr. Portman) submitted an amendment intended to be proposed by her to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. _. QUALITY FOSTER CARE SERVICES.

(a) Inclusion of Therapeutic Foster Care as Medical Assistance.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended--

(1) in subsection (a)--

(A) in paragraph (28), by striking “and” at the end;

(B) by redesignating paragraph (29) as paragraph (30); and

(C) by inserting after paragraph (28) the following new paragraph:

“(29) therapeutic foster care services described in subsection (ee); and”; and

(2) by adding at the end the following new subsection:

“(ee)(1) For purposes of subsection (a)(29), subject to subparagraph (C), therapeutic foster care services described in this subsection are services provided for children who have not attained age 21, and who, as a result of mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, need the level of care provided in an institution (including a psychiatric residential treatment facility) or nursing facility the cost of which could be reimbursed under the State plan but who can be cared for or maintained in a community placement, through therapeutic foster care programs that--

“(A) are licensed by the State and accredited by the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or by another equivalent accreditation agency (or agencies) as the Secretary may recognize;

“(B) provide structured daily activities, including the development, improvement, monitoring, and reinforcing of age-appropriate social, communication and behavioral skills, trauma-informed and gender-responsive services, crisis intervention and crisis support services, medication monitoring, counseling, and case management, and may furnish other intensive community services; and

“(C) provide foster care parents with specialized training and consultation in the management of children with mental illness, trauma, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and specific additional training on the needs of each child provided such services.

“(2) In making coverage determinations under paragraph (1), a State may employ medical necessity criteria that are similar to the medical necessity criteria applied to coverage determinations for other services and supports under this title.

“(3) The services described in this subsection do not include the training referred to in paragraph (1)(C).”.

(b) Effective Date.--The amendments made by subsection (a) shall apply to calendar quarters beginning on or after the date of enactment of this Act.

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Senate amendment submitted

March 12, 2014