Senate File 2082 - Introduced SENATE FILE 2082 BY TRONE GARRIOTT , DONAHUE , WAHLS , JOCHUM , PETERSEN , DOTZLER , T. TAYLOR , WEINER , GIDDENS , WINCKLER , CELSI , BISIGNANO , BOULTON , KNOX , BENNETT , and QUIRMBACH A BILL FOR An Act relating to Medicaid and children’s health insurance 1 program coverage for mental health services provided in 2 school-based settings. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5782XS (2) 90 pf/ko

S.F. 2082 Section 1. MEDICAID AND CHILDREN’S HEALTH INSURANCE PROGRAM 1 COVERAGE —— MENTAL HEALTH SERVICES PROVIDED IN SCHOOL-BASED 2 SETTINGS. 3 1. The department of health and human services shall 4 request approval of any Medicaid state plan amendment, or 5 other amendments necessary, from the centers for Medicare 6 and Medicaid services of the United States department of 7 health and human services (CMS) to provide covered Medicaid 8 and children’s health insurance program (CHIP) mental health 9 services in school-based settings regardless of formal mental 10 health diagnosis as provided under section 11003 of the federal 11 Bipartisan Safer Communities Act, Pub. L. No. 117-159, and in 12 accordance with the guidance published May 18, 2023, by CMS. 13 At a minimum, the department of health and human services shall 14 include as covered mental health services family, group, and 15 individual therapy; prevention and evaluation services; and 16 case management. The covered services shall be provided to all 17 children enrolled in Medicaid or CHIP whether or not a child 18 has an individualized education program or plan. 19 2. The department of health and human services shall 20 also utilize assistance provided through the technical 21 assistance center established by the United States department 22 of health and human services in cooperation with the United 23 States department of education, and shall collaborate with 24 local school districts in developing the Medicaid state plan 25 amendment, or other necessary amendments, and in implementing 26 the flexibilities and requirements for the school-based 27 services, especially in small, rural, and under-resourced 28 schools, to increase access to covered services while ensuring 29 fiscal and programmatic integrity. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to Medicaid and children’s health 34 insurance program (CHIP) coverage for mental health services 35 -1- LSB 5782XS (2) 90 pf/ko 1/ 2

S.F. 2082 provided in school-based settings. The federal Bipartisan 1 Safer Communities Act, enacted in 2022, provided in part for 2 more assistance to states in facilitating Medicaid and CHIP 3 coverage for school-based Medicaid and CHIP services including 4 preventive care, behavioral health, physical and occupational 5 therapy, and disease management. The federal legislation also 6 codified the policy requiring that the services be available to 7 all children enrolled in Medicaid or CHIP, not only to children 8 with an individualized education program or plan. 9 The bill requires the department of health and human 10 services (HHS) to request approval of any Medicaid state plan 11 amendment, or other amendments necessary, from the centers for 12 Medicare and Medicaid services of the United States department 13 of health and human services (CMS) to provide covered Medicaid 14 and CHIP mental health services in school-based settings 15 regardless of formal mental health diagnosis as provided in 16 the federal legislation and CMS guidance. The covered mental 17 health services at a minimum must include family, group, and 18 individual therapy; prevention and evaluation services; and 19 case management. 20 The bill requires HHS to utilize available federal 21 technical assistance and to collaborate with local school 22 districts in developing the state plan amendment and other 23 amendments necessary, and in implementing the flexibilities and 24 requirements for the school-based services to increase access 25 to covered services while ensuring fiscal and programmatic 26 integrity. 27 -2- LSB 5782XS (2) 90 pf/ko 2/ 2