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Code · BILL · 117th Congress · H.R. 7236 (Introduced in House) — To amend title XIX of the Social Security Act to expand the availability of mental, emotional, and behavioral health... · Sec. 5

Sec. 5. Ensuring children receive timely access to care

333 words·~2 min read·/bill/117/hr/7236/ih/section-5·

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Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide guidance to States on existing flexibilities for hospitals and other providers under applicable laws, regulations, and guidance to support children in crisis or in need of intensive mental, emotional or behavioral health services. Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report with respect to regulatory and legal barriers to care across the crisis continuum that identifies solutions to facilitate flexibility for children's hospitals and other providers of mental, emotional, or behavioral health services.
In preparing a report under this subsection, the Secretary of Health and Human Services shall include in such report— a comprehensive list of laws, regulations, and guidance impacting children’s hospitals’ and other providers' ability to repurpose immediately beds, space, and staff for children in need of mental, emotional, or behavioral health services, including a description of the rationale for each policy and corresponding actions required to repurpose such beds, space, and staff; and recommendations on how children’s hospitals and other providers can immediately expand access to mental, emotional, and behavioral health services while also ensuring high quality and safety.
Section 1905(r) of the Social Security Act ( 42 U.S.C. 1396d(r) ) is amended by adding at the end the following: The Secretary shall, not later than July 1, 2022, and not later than January 1 each year thereafter, review implementation of the requirements of this subsection by States as they pertain to behavioral health services for children, including services provided by a managed care entity, identify and disseminate best practices for ensuring comprehensive coverage of services, identify gaps and deficiencies in meeting Federal requirements, and provide guidance to States on addressing identified gaps and disparities and meeting Federal coverage requirements in order to ensure children, including children without a mental health diagnosis, have access to behavioral health services. .
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Sec. 5
Ensuring children receive timely access to care
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