Pub. L. 117-328, div. FF, tit. V, subtit. C, sec. 5121
MEDICAID AND CHIP REQUIREMENTS FOR HEALTH SCREENINGS, REFERRALS, AND CASE MANAGEMENT SERVICES FOR ELIGIBLE JUVENILES IN PUBLIC INSTITUTIONS.
SEC. 5121. MEDICAID AND CHIP REQUIREMENTS FOR HEALTH SCREENINGS, REFERRALS, AND CASE MANAGEMENT SERVICES FOR ELIGIBLE JUVENILES IN PUBLIC INSTITUTIONS.(a) Medicaid State Plan Requirement.—Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended—(1) in subsection (a)(84)—(A) in subparagraph (A), by inserting “, subject to subparagraph (D),” after “but”; (B) in subparagraph (B), by striking “and” at the end; (C) in subparagraph (C), by adding “and” at the end; and (D) by adding at the end the following new subparagraph:“(D) in the case of an individual who is an eligible juvenile described in subsection (nn)(2) and is within 30 days of the date on which such eligible juvenile is scheduled 136 STAT. 5942 to be released from a public institution following adjudication, the State shall have in place a plan, and in accordance with such plan, provide for—“(i) in the 30 days prior to the release of such eligible juvenile from such public institution (or not later than one week, or as soon as practicable, after release from the public institution), and in coordination with such institution, any screening or diagnostic service which meets reasonable standards of medical and dental practice, as determined by the State, or as indicated as medically necessary, in accordance with paragraphs (1)(A) and (5) of section 1905(r), including a behavioral health screening or diagnostic service; and “(ii) in the 30 days prior to the release of such eligible juvenile from such public institution, and for at least 30 days following the release of such eligible juvenile from such institution, targeted case management services, including referrals for such eligible juvenile to the appropriate care and services available in the geographic region of the home or residence of such eligible juvenile (where feasible) under the State plan (or waiver of such plan);” ; and (2) in subsection (nn)(3), by striking “(30)” and inserting “(31)”. (b) Authorization of Federal Financial Participation.—The subdivision (A) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) following paragraph (31) of such section is amended by inserting “, 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” after “(except as a patient in a medical institution”. (c) CHIP Conforming Amendments.—(1) Section 2102 of the Social Security Act (42 U.S.C. 1397bb) is amended by adding at the end the following new subsection:“(d) Treatment of Children Who Are Inmates of a Public Institution.—“(1) In general.—The State child health plan shall provide that—“(A) the State shall not terminate eligibility for child health assistance under the State child health plan for a targeted low-income child because the child is an inmate of a public institution, but may suspend coverage during the period the child is such an inmate; “(B) in the case of a targeted low-income child who was determined eligible for child health assistance under the State child health plan (or waiver of such plan) immediately before becoming an inmate of a public institution, the State shall, prior to the child’s release from such public institution, conduct a redetermination of eligibility for such child with respect to such child health assistance (without requiring a new application from the child) and, if the State determines pursuant to such redetermination that the child continues to meet the eligibility requirements for such child health assistance, the State shall restore 136 STAT. 5943 coverage for such child health assistance to such child upon the child’s release from such public institution; and “(C) in the case of a targeted low-income child who is determined eligible for child health assistance while an inmate of a public institution (subject to the exception to the exclusion of children who are inmates of a public institution described in section 2110(b)(7)), the State shall process any application for child health assistance submitted by, or on behalf of, the child such that the State makes a determination of eligibility for the child with respect to child health assistance upon release of the child from the public institution. “(2) Required coverage of screenings, diagnostic services, referrals, and case management for certain inmates pre-release.—A State child health plan shall provide that, in the case of a targeted low-income child who is within 30 days of the date on which such child is scheduled to be released from a public institution following adjudication, the State shall have in place a plan for providing, and shall provide in accordance with such plan, screenings, diagnostic services, referrals, and case management services otherwise covered under the State child health plan (or waiver of such plan) in the same manner as described in section 1902(a)(84)(D).” . (2) Section 2110(b) of the Social Security Act (42 U.S.C. 1397jj(b)) is amended—(A) in paragraph (2)(A), by inserting “except as provided in paragraph (7),” before “a child who is an inmate of a public institution”; and (B) by adding at the end the following new paragraph:“(7) Exception to exclusion of children who are inmates of a public institution.—In the case of a child who is an inmate of a public institution, during the 30 days prior to the release of the child from such institution the child shall not be considered to be described in paragraph (2)(A) with respect to the screenings, diagnostic services, referrals, and case management services otherwise covered under the State child health plan (or waiver of such plan) that the State is required to provide under section 2102(d)(2).” . (d) Effective Date.—The amendments made by this section shall apply beginning on the first day of the first calendar quarter that begins on or after the date that is 24 months after the date of enactment of this Act.