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Code · BILL · 118th Congress · H.R. 4531 (Referred in Senate) — To reauthorize certain programs that provide for opioid use disorder prevention, recovery, and treatment, and for oth... · Sec. 304

Sec. 304. Lifting the IMD exclusion for substance use disorder

477 words·~2 min read·/bill/118/hr/4531/rfs/section-304·

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Section 1915(l)(1) of the Social Security Act ( 42 U.S.C. 1396n(l)(1) ) is amended by striking With respect to calendar quarters beginning during the period beginning October 1, 2019, and ending September 30, 2023, and inserting With respect to calendar quarters beginning on or after October 1, 2019, . Section 1915(l)(3) of the Social Security Act ( 42 U.S.C. 1396n(l)(3) ) is amended— in subparagraph (A)-— in the matter preceding clause (i), by striking other than under this title ; and in clause (i), by striking or, if higher, and all that follows through in accordance with this subsection ; and by adding at the end the following new subparagraph:
In the case of a State with a State plan amendment in effect on the date of the enactment of this subparagraph, for the 1-year period beginning on such date, the provisions of subparagraph
(A)shall be applied as if the amendments to such subparagraph made by the Support for Patients and Communities Reauthorization Act had never been made. . Section 1915(l)(4) of the Social Security Act ( 42 U.S.C. 1396n(l)(4) ) is amended— in subparagraph (A), by striking through
(D)and inserting through
(F); in subparagraph (D), in the matter preceding clause (i), by inserting have in place evidence-based, substance use disorder-specific individual placement criteria and utilization management approach to ensure placement of such individual in an appropriate level of care and shall after State shall ; and by adding at the end the following new subparagraph: The State shall have in place a process to review the compliance of eligible institutions for mental diseases with evidence-based, substance use disorder-specific program standards for eligible individuals specified by the State. . The amendments made by subparagraph
(A)shall apply with respect to medical assistance furnished in calendar quarters beginning on or after October 1, 2025. Section 1915(l)(4) of the Social Security Act ( 42 U.S.C. 1396n(l)(4) ), as amended by paragraph (1), is further amended by adding at the end the following new subparagraph: The State shall, not later than 12 months after the approval of a State plan amendment described in this subsection (or, in the case such State has such an amendment approved as of the date of the enactment of this subparagraph, not later than 12 months after such date), commence an assessment of— the availability of treatment for individuals enrolled under a State plan under this title (or waiver of such plan) in each level of care described in subparagraph (C); and the availability of medication-assisted treatment and medically supervised withdrawal management services for such individuals. The State compete an assessment described in clause
(i)not later than 12 months after the date the State commences such assessment. . Section 1915(l)(7)(A) of the Social Security Act ( 42 U.S.C. 1396n(l)(7)(A) ) is amended by inserting (or any successor publication) before the period.
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Sec. 304
Lifting the IMD exclusion for substance use disorder
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