Sec. 402. Revisions to the IMD exclusion under Medicaid
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/bill/118/hr/4851/ih/section-402·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1905(a)(1) of the Social Security Act ( 42 U.S.C. 1396d(a)(1) ) is amended by inserting , except for, services that, beginning the day after the date of the enactment of the 9–8–8 National Suicide Prevention Lifeline Implementation Act of 2022, are furnished in psychiatric acute care crisis beds administered by community behavioral health organizations certified under section 223 of the Protecting Access to Medicare Act of 2014, mental health centers that meet the criteria of section 1913(c) of the Public Health Service Act, crisis receiving and stabilization facilities, and the mental health and substance use urgent care facilities .
Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance that crisis stabilization units (as described in section 1905(a)(1) of the Social Security Act ( 42 U.S.C. 1396d(a)(1) ) are excluded from the prohibition specified in the parenthetical of paragraph
(1)of section 1905(a) (relating to services in an institution for mental diseases), including the following facilities and services: Subacute crisis receiving in inpatient or other facilities specified by the Secretary that provide short-term observation for all referrals to individuals in severe distress, as further defined by the Secretary, with up to 23 consecutive hours of supervised care to assist with deescalating the severity of a mental health or substance use crisis or need for urgent care in a sub-acute inpatient setting. Short term crisis stabilization services assisting with deescalating the severity of individuals in severe distress, as defined by the Secretary, or need for urgent care associated with a substance use or mental health disorder in an inpatient or residential setting with reimbursement limited to 72 hours. Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees of jurisdiction a report addressing the utilization of facility-based crisis services, including the number of patients served, type and duration of facility-based services, linkage to community-based resources, and information on the total number of law enforcement drop-offs and other data relevant for diverting mental health and substance use disorder emergencies from law enforcement response.
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Sec. 402
Revisions to the IMD exclusion under Medicaid
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