Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · STATUTE-COMPILATIONS · Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act · Sec. 1006

Sec. 1006. MEDICAID HEALTH HOMES FOR SUBSTANCE-USE-DISORDER MEDICAID ENROLLEES

1,169 words·~5 min read·/statute-compilations/comps-15290/sec-1006

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1006 MEDICAID HEALTH HOMES FOR SUBSTANCE-USE-DISORDER MEDICAID ENROLLEES ###
(a)Extension of Enhanced FMAP for Certain Health Homes for Individuals With Substance Use Disorders Section 1945(c) of the Social Security Act (42 U.S.C. 1396w-4(c)) is amended— ####
(1)in paragraph (1), by inserting “subject to paragraph (4),” after “except that,”; and ####
(2)by adding at the end the following new paragraph: > > #### “(4) Special rule relating to substance use disorder health homes > > > ##### “(A) In general > > In the case of a State with an SUD-focused State plan amendment approved by the Secretary on or after October 1, 2018, the Secretary may, at the request of the State, extend the application of the Federal medical assistance percentage described in paragraph
(1)to payments for the provision of health home services to SUD-eligible individuals under such State plan amendment, in addition to the first 8 fiscal year quarters the State plan amendment is in effect, for the subsequent 2 fiscal year quarters that the State plan amendment is in effect. Nothing in this section shall be construed as prohibiting a State with a State plan amendment that is approved under this section and that is not an SUD-focused State plan amendment from additionally having approved on or after such date an SUD-focused State plan amendment under this section, including for purposes of application of this paragraph. > > > ##### “(B) Report requirements > > In the case of a State with an SUD-focused State plan amendment for which the application of the Federal medical assistance percentage has been extended under subparagraph (A), such State shall, at the end of the period of such State plan amendment, submit to the Secretary a report on the following, with respect to SUD-eligible individuals provided health home services under such State plan amendment: > > > ###### “(i) > > The quality of health care provided to such individuals, with a focus on outcomes relevant to the recovery of each such individual. > > > ###### “(ii) > > The access of such individuals to health care. > > > ###### “(iii) > > The total expenditures of such individuals for health care. > > For purposes of this subparagraph, the Secretary shall specify all applicable measures for determining quality, access, and expenditures. > > > ##### “(C) Best practices > > Not later than October 1, 2020, the Secretary shall make publicly available on the internet website of the Centers for Medicare & Medicaid Services best practices for designing and implementing an SUD-focused State plan amendment, based on the experiences of States that have State plan amendments approved under this section that include SUD-eligible individuals. > > > ##### “(D) Definitions > > For purposes of this paragraph: > > > ###### “(i) SUD-eligible individuals > > The term ‘SUD-eligible individual’ means, with respect to a State, an individual who satisfies all of the following: > > > ###### “(I) > > The individual is an eligible individual with chronic conditions. > > > ###### “(II) > > The individual is an individual with a substance use disorder. > > > ###### “(III) > > The individual has not previously received health home services under any other State plan amendment approved for the State under this section by the Secretary. > > > ###### “(ii) SUD-focused state plan amendment > > The term ‘SUD-focused State plan amendment’ means a State plan amendment under this section that is designed to provide health home services primarily to SUD-eligible individuals.” > . ###
(b)Requirement for State Medicaid Plans To Provide Coverage for Medication-Assisted Treatment ####
(1)Requirement for state medicaid plans to provide coverage for medication-assisted treatment Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by striking “and (28)” and inserting “(28), and (29)”. ####
(2)Inclusion of medication-assisted treatment as medical assistance Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended— #####
(A)in paragraph (28), by striking “and” at the end; #####
(B)by redesignating paragraph
(29)as paragraph (30); and #####
(C)by inserting after paragraph
(28)the following new paragraph: > > #### “(29) > > subject to paragraph
(2)of subsection (ee), for the period beginning October 1, 2020, and ending September 30, 2025, medication-assisted treatment (as defined in paragraph
(1)of such subsection); and” > . ####
(3)Medication-assisted treatment defined; waivers Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following new subsection: > > ### “(ee) Medication-Assisted Treatment > > > #### “(1) Definition > > For purposes of subsection (a)(29), the term ‘medication-assisted treatment’— > > > ##### “(A) > > means all drugs approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), including methadone, and all biological products licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) to treat opioid use disorders; and > > > ##### “(B) > > includes, with respect to the provision of such drugs and biological products, counseling services and behavioral therapy. > > > #### “(2) Exception > > The provisions of paragraph
(29)of subsection
(a)shall not apply with respect to a State for the period specified in such paragraph, if before the beginning of such period the State certifies to the satisfaction of the Secretary that implementing such provisions statewide for all individuals eligible to enroll in the State plan (or waiver of the State plan) would not be feasible by reason of a shortage of qualified providers of medication-assisted treatment, or facilities providing such treatment, that will contract with the State or a managed care entity with which the State has a contract under section 1903(m) or under section 1905(t)(3).” > . ####
(4)Effective date **[**[42 U.S.C. 1396a note](/us/usc/t42/s1396a)**]** #####
(A)In general Subject to subparagraph (B), the amendments made by this subsection shall apply with respect to medical assistance provided on or after October 1, 2020. #####
(B)Exception for state legislation In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by the amendments made by this subsection, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.
Connectionstraces to 6
Citation graph
cites case law
Sec. 1006
MEDICAID HEALTH HOMES FOR SUBSTANCE-USE-DISORDER MEDICAID ENROLLEES
U.S.C.§ 1396w–4
U.S.C.§ 1396a
U.S.C.§ 1396d
U.S.C.§ 355
U.S.C.§ 262
U.S.C.§ 1396
Cites 6Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.