II
112th CONGRESS
2d Session
S. 3289
IN THE SENATE OF THE UNITED STATES
June 13, 2012
Mr. Kerry (for himself and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To expand the Medicaid home and community-based services waiver to include young individuals who are in need of services that would otherwise be required to be provided through a psychiatric residential treatment facility, and to change references in Federal law to mental retardation to references to an intellectual disability.
Short title
This Act may be cited as
the Children's Mental Health
Accessibility Act of 2012
.
Expanding the Medicaid home and community-based services waiver to include youth in need of services provided in a psychiatric residential treatment facility
In general
Section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) is amended—
in paragraph (1)—
by striking
a hospital or a nursing facility or intermediate care facility for the
mentally retarded
and inserting a hospital, a nursing facility,
an intermediate care facility for the intellectually disabled, or a psychiatric
residential treatment facility,
; and
by striking
a hospital, nursing facility, or intermediate care facility for the
mentally retarded
and inserting a hospital, nursing facility,
intermediate care facility for the intellectually disabled, or psychiatric
residential treatment facility
;
in paragraph
(2)(B), by striking or services in an intermediate care facility for the
mentally retarded
each place it appears and inserting services
in an intermediate care facility for the intellectually disabled, or services
in a psychiatric residential treatment facility
;
in paragraph (2)(C)—
by striking
or intermediate care facility for the mentally retarded
and
inserting intermediate care facility for the intellectually disabled, or
psychiatric residential treatment facility
; and
by striking
or services in an intermediate care facility for the mentally
retarded
and inserting services in an intermediate care facility
for the intellectually disabled, or services in a psychiatric residential
treatment facility
;
in paragraph
(7)(A), by striking or intermediate care facilities for the mentally
retarded,
and inserting intermediate care facilities for the
intellectually disabled, or psychiatric residential treatment
facilities,
; and
by adding at the end the following new paragraph:
For purposes of this subsection, the term psychiatric residential treatment facility means a facility other than a hospital that is certified as meeting the requirements specified in regulations promulgated for such facilities under section 1905(h)(1) and that provides psychiatric services in an inpatient setting to individuals under age 21 for which medical assistance is available under a State plan under this title.
.
Waiver limitation
Section 1915(c) of such Act, as amended by subsection (a), is further amended—
in paragraph (2)—
in subparagraph
(D), by striking ; and
and inserting a semicolon;
in subparagraph (E), by striking the period at the end and inserting a semicolon; and
by adding at the end the following new subparagraphs:
under the waiver, the total number of Medicaid inpatient bed days at psychiatric residential treatment facilities during each fiscal year within the waiver period will not exceed the total number of Medicaid inpatient bed days at such facilities for the previous fiscal year as increased by the estimated percentage increase (if any) in the population of individuals under age 21 residing in the State over the preceding 12-month period; and
the State will provide to the Secretary annually, subject to such requirements as the Secretary determines appropriate, relevant information and evidence as to the manner in which the State will satisfy the requirements described in subparagraph (F).
; and
by adding at the end the following new paragraph:
For purposes of paragraph (2)(F), an individual who is under age 21 and is an inpatient in a bed in a psychiatric residential treatment facility for a single day shall be counted as one inpatient bed day.
.
Application of Rosa's Law for Individuals with Intellectual Disabilities
References in the Social Security Act
In general
With the exception of section 1930(b) of the Social Security Act (42 U.S.C. 1396u(b)), such Act, as amended by section 2, is further amended—
by striking,
wherever it appears, State mental retardation or developmental
disability authority
and inserting State intellectual disability
or developmental disability authority
;
by striking,
wherever it appears, mental retardation
and inserting
intellectual disabilities
; and
by striking,
wherever it appears, mentally retarded
and inserting
intellectually disabled
.
Conforming amendment
In general
Section 1902(e)(14)(F) of such Act, as added by section
2002(a) of Public Law 111–148, is amended by striking mentally
retarded
and inserting intellectually disabled
.
Effective date
The amendment made under subparagraph (A) shall take effect on January 2, 2014.
References
In general
For purposes of each provision amended by this Act, issuing or amending regulations to carry out a provision amended by this Act, or issuing any publication or other official communication in regards to any provision of the Social Security Act—
a reference to an intellectual disability shall mean a condition previously referred to as mental retardation, or a variation of such term, and shall have the same meaning with respect to programs, or qualifications for such programs, for individuals with such a condition;
a reference to an individual who is intellectually disabled shall mean an individual who was previously referred to as an individual who is mentally retarded, an individual with mental retardation, or variations of such terms;
a reference to an intermediate care facility for the intellectually disabled shall mean a facility that was previously referred to as an intermediate care facility for the mentally retarded; and
a reference to a State intellectual disability or developmental disability authority shall mean an entity that was previously referred to as a State mental retardation or developmental disability authority.
Regulations
For purposes of amending regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state—
that an intellectual disability was formerly termed mental retardation;
that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded;
that an intermediate care facility for the intellectually disabled was formerly termed an intermediate care facility for the mentally retarded; and
that a State intellectual disability or developmental disability authority was formerly termed a State mental retardation or developmental disability authority.
Rule of construction
This Act shall be construed to make amendments to provisions of Federal law to substitute the term intellectual disability for mental retardation or any variation of such term without any intent to—
change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or
compel States to change terminology in State laws for individuals covered by a provision amended by this Act.