S.Amdt. 269

1. Adds TITLE ___--FAMILY-BASED FOSTER CARE SERVICES wherever appropriate

   Adds a title

   Inserted: TITLE ___--FAMILY-BASED FOSTER CARE SERVICES

   Inserted: SEC. __. INCLUSION OF THERAPEUTIC FOSTER CARE AS MEDICAL ASSISTANCE.

   Inserted: (a) In General.--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 (to the extent allowed and as defined 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 paragraphs (3) and (4), the term 'therapeutic foster care services' means 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 a qualified therapeutic foster care program described in paragraph (2).

   Inserted: "(2) A qualified therapeutic foster care program described in this paragraph is a program that--

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

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   Inserted: "(B) provides structured daily activities, including the development, improvement, monitoring, and reinforcement 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) provides biological parents, kinship caregivers, and foster care parents with specialized training and consultation in the management of children with mental illness, other emotional or behavioral disorders, medically fragile conditions, developmental disabilities, the impact of trauma on child and caregiver, and specific additional training on the needs of each child provided such services.

   Inserted: "(3) In making coverage determinations in accordance with 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: "(4) For purposes of subsection (a)(29) and this subsection, therapeutic foster care services shall not include reimbursement for any training referred to in paragraph (2)(C).".

   Inserted: (b) Effective Date; Phase-in of Licensure and Accreditation Requirements.--

   Inserted: (1) Effective date.--The amendments made by subsection (a) shall apply to medical assistance furnished in calendar quarters beginning on or after the date of enactment of this Act.

   Inserted: (2) Phase-in of licensure and accreditation requirements.--The Secretary of Health and Human Services shall issue guidance to phase-in the application of the licensure and accreditation requirements for qualified therapeutic foster care programs specified in section 1905(ee)(2)(A) of the Social Security Act (as added by subsection (a)) over a 3-year period. Such guidance shall specify that a therapeutic foster care program that is complying with the phase-in requirements for such licensure and accreditation may be considered to be a qualified therapeutic foster care program for purposes of a State receiving payment under section 1903 of the Social Security Act for furnishing medical assistance for therapeutic foster care services provided through such a program if the program also meets the conditions described in subparagraphs (B) and (C) of section 1905(ee)(2) of such Act.

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   Original wording

   At the appropriate place, insert the following:

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As printed