S.Amdt. 3402

SA 3402. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 3378 proposed by Mr. Grassley (for himself, Mr. Leahy, Mr.
Whitehouse, Mr. Portman, Ms. Klobuchar, Ms. Ayotte, Mr. Graham, Mr.
Coons, Mr. Cornyn, and Mr. Durbin) to the bill S. 524, to authorize the
Attorney General to award grants to address the national epidemics of
prescription opioid abuse and heroin use; which was ordered to lie on
the table; as follows:

At the end of title VII, add the following:

SEC. 705. MEDICAID COVERAGE PROTECTION FOR PREGNANT AND POST-
PARTUM WOMEN WHILE RECEIVING INPATIENT
TREATMENT FOR A SUBSTANCE USE DISORDER.

(a) Medicaid State Plan.--Section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) is amended by adding at the
end the following new sentence: ``In the case of a woman who
is eligible for medical assistance on the basis of being
pregnant (including through the end of the month in which the
60-day period beginning on the last day of her pregnancy
ends),who is a patient in an institution for mental diseases
for purposes of receiving treatment for a substance use
disorder, and who was enrolled for medical assistance under
the State plan immediately before becoming a patient in an
institution for mental diseases or who becomes eligible to
enroll for such medical assistance while such a patient, the
exclusion from the definition of `medical assistance' set
forth in the subdivision (B) following paragraph (29) of the
first sentence shall not be construed as prohibiting Federal
financial participation for medical assistance for items or
services that are provided to the woman outside of the
institution.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall take effect on the
date of enactment of this Act.
(2) Rule for changes requiring state legislation.--In the
case of a State plan under title XIX of the Social Security
Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendment made by
subsection (a), the State plan shall not be regarded as
failing to comply with the requirements of such title solely
on the basis of its failure to meet these additional
requirements 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 the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be
deemed to be a separate regular session of the State
legislature.
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