S3196-118

1. Short title This Act may be cited as the Ensuring Medicaid Continuity for Children in Foster Care Act of 2023.

2. State option to extend Medicaid coverage for foster care children while receiving treatment from a qualified residential treatment program Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following: At the option of the State, the State plan (or a waiver of such State plan) may provide that a child in foster care under the responsibility of a State who is eligible for medical assistance under such plan (or waiver) (including during a period of retroactive eligibility under subsection (a)(34)), shall remain eligible under such plan (or waiver) for medical assistance during any period in which the child— receives treatment provided by any qualified residential treatment program (as defined in section 472(k)(4)) in which the child has been placed in accordance with the requirements of sections 472(k)(3) and 475A(c); and continues to be in foster care under the responsibility of a State. A State that has elected the option under subparagraph (A) shall receive payment under section 1903(a) for amounts expended to provide medical assistance to a child described in such subparagraph, including amounts expended for medical assistance for items or services that are provided to any such child outside of the facility (or distinct part thereof) in which a qualified residential treatment program (as so defined) is located. (17)Extending coverage for foster care children while receiving treatment from a qualified residential treatment program(A)State optionAt the option of the State, the State plan (or a waiver of such State plan) may provide that a child in foster care under the responsibility of a State who is eligible for medical assistance under such plan (or waiver) (including during a period of retroactive eligibility under subsection (a)(34)), shall remain eligible under such plan (or waiver) for medical assistance during any period in which the child—(i)receives treatment provided by any qualified residential treatment program (as defined in section 472(k)(4)) in which the child has been placed in accordance with the requirements of sections 472(k)(3) and 475A(c); and(ii)continues to be in foster care under the responsibility of a State.(B)Federal financial participationA State that has elected the option under subparagraph (A) shall receive payment under section 1903(a) for amounts expended to provide medical assistance to a child described in such subparagraph, including amounts expended for medical assistance for items or services that are provided to any such child outside of the facility (or distinct part thereof) in which a qualified residential treatment program (as so defined) is located..