SF 2082 (LSB 5782XS (2) 90)

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 program coverage for mental health services provided in school-based settings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  MEDICAID AND CHILDREN’S HEALTH INSURANCE PROGRAM COVERAGE —— MENTAL HEALTH SERVICES PROVIDED IN SCHOOL-BASED SETTINGS.
   1.  The department of health and human services shall request approval of any Medicaid state plan amendment, or other amendments necessary, from the centers for Medicare and Medicaid services of the United States department of health and human services (CMS) to provide covered Medicaid and children’s health insurance program (CHIP) mental health services in school-based settings regardless of formal mental health diagnosis as provided under section 11003 of the federal Bipartisan Safer Communities Act, Pub. L. No. 117-159, and in accordance with the guidance published May 18, 2023, by CMS.  At a minimum, the department of health and human services shall include as covered mental health services family, group, and individual therapy; prevention and evaluation services; and case management. The covered services shall be provided to all children enrolled in Medicaid or CHIP whether or not a child has an individualized education program or plan.
   2.  The department of health and human services shall also utilize assistance provided through the technical assistance center established by the United States department of health and human services in cooperation with the United States department of education, and shall collaborate with local school districts in developing the Medicaid state plan amendment, or other necessary amendments, and in implementing the flexibilities and requirements for the school-based services, especially in small, rural, and under-resourced schools, to increase access to covered services while ensuring fiscal and programmatic integrity.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to Medicaid and children’s health insurance program (CHIP) coverage for mental health services provided in school-based settings. The federal Bipartisan Safer Communities Act, enacted in 2022, provided in part for more assistance to states in facilitating Medicaid and CHIP coverage for school-based Medicaid and CHIP services including preventive care, behavioral health, physical and occupational therapy, and disease management. The federal legislation also codified the policy requiring that the services be available to all children enrolled in Medicaid or CHIP, not only to children with an individualized education program or plan.
   The bill requires the department of health and human services (HHS) to request approval of any Medicaid state plan amendment, or other amendments necessary, from the centers for Medicare and Medicaid services of the United States department of health and human services (CMS) to provide covered Medicaid and CHIP mental health services in school-based settings regardless of formal mental health diagnosis as provided in the federal legislation and CMS guidance. The covered mental health services at a minimum must include family, group, and individual therapy; prevention and evaluation services; and case management.
   The bill requires HHS to utilize available federal technical assistance and to collaborate with local school districts in developing the state plan amendment and other amendments necessary, and in implementing the flexibilities and requirements for the school-based services to increase access to covered services while ensuring fiscal and programmatic integrity.