Sec. 304. Expanding the Medicaid home and community-based services waiver to include youth in need of services provided in a psychiatric residential treatment facility
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/bill/113/hr/4574/ih/section-304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. . 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. .
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Sec. 304
Expanding the Medicaid home and community-based services waiver to include youth in need of services provided in a psychiatric residential treatment facility
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