Sec. 114. Medicaid State option relating to inmates with a substance use disorder pending disposition of charges
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/bill/118/s/3430/rs/section-114·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— in the subdivision
(A)following the last numbered paragraph of subsection (a), by inserting subject to subsection (jj), before any such payments ; and by adding at the end the following new subsection: Subject to paragraph (2), a State may elect to provide, and, notwithstanding the subdivision
(A)following the last numbered paragraph of subsection (a), receive Federal financial participation for, medical assistance for an individual who— is an inmate of a public institution (as defined in section 1902(nn)(3)) pending disposition of charges; and has been diagnosed with a substance use disorder. A State may only receive Federal financial participation for medical assistance provided to an individual described in paragraph
(1)during the 7-day period that begins on the first day that the individual is an inmate of a public institution. A State may only receive Federal financial participation for medical assistance provided to an individual described in paragraph
(1)if— the State has elected to not terminate eligibility for medical assistance under the State plan for individuals on the basis that they are inmates of public institutions (but may suspend coverage during the period an individual is such an inmate); and the diagnosis that the covered individual has a substance use disorder is made while the individual is an inmate of the public institution by a licensed medical professional using a standardized screening and assessment model approved by the Secretary. . The amendments made by this subsection shall take effect on January 1, 2026. Section 5122(a)(1) of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ) is amended by striking after and all that follows through the period at the end and inserting after . or in the case of an eligible juvenile described in section 1902(a)(84)(D) with respect to the screenings, diagnostic services, referrals, and targeted case management services required under such section . Section 1902(nn)(3) of the Social Security Act ( 42 U.S.C. 1396a(nn)(3) ), is amended by striking following and all that follows through section 1905(a) and inserting following the last numbered paragraph of section 1905(a) . The fifth sentence of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended by striking paragraph
(30)and inserting the last numbered paragraph .
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Sec. 114
Medicaid State option relating to inmates with a substance use disorder pending disposition of charges
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