A3303 —

A3303 AHE1R Statement[First 5/11/17Reprint] ASSEMBLY HEALTH AND SENIOR SERVICES COMMITTEE   STATEMENT TO   ASSEMBLY, No.

3303  STATE withOF committeeNEW amendmentsJERSEY 217th LEGISLATURE   STATEINTRODUCED OFFEBRUARY NEW22, JERSEY2016   DATED:  Sponsored by:

 MAYAssemblywoman  11,VALERIE  VAINIERI     HUTTLE TheDistrict Assembly37 Health(Bergen) andAssemblyman  SeniorDANIEL ServicesR. Committee reports favorably and with committee amendments Assembly Bill No.

3303.BENSON District 14 (Mercer and Middlesex) Assemblyman  JOSEPH A.

    LAGANA AsDistrict amended38 by(Bergen the committee, this bill, which is designated as the Mental Health Access Act, increases Medicaid reimbursement rates for certain evidence-based behavioral health services under the State Medicaid program.  Specifically, the bill requires that reimbursement rates for evidence-based behavioral health services are to be no less than the Medicare reimbursement rate for the service, provided that the service is limited to individual or group counseling provided in an outpatient setting and thePassaic) billingAssemblywoman  providerSHAVONDA isE. a licensed behavioral health treatment facility or licensed health care professional.  As amended, the bill defines “evidence based” to mean a treatment provided by licensed mental health professionals that meets criteria established by the Commissioner of Human Services, in consultation with the Commissioner of Children and Families, for evidence-based treatment.

SUMTER District 35 (Bergen and Passaic) Assemblyman  TIM EUSTACE District 38 (Bergen and Passaic)   COMMITTEECo-Sponsored AMENDMENTS:by:

    Assemblywomen TheMcKnight committee amendments revise the definition of “evidence based” to remove a reference to the Evidence-Based Programs and PracticesJimenez published  by  the  federal  SubstanceSYNOPSIS Abuse     andIncreases MentalMedicaid Healthreimbursement Servicesrates Administration,for andcertain insteadevidence-based providebehavioral that the term means treatment provided by licensed mental health professionalsservices; that meets criteria for evidence-based treatment established by the Commissioner of Human Services in consultation with the Commissioner of Children and Families.

    designated Theas committee amendments revise the requirementMental thatHealth theAccess billingAct. provider be a licensed substance abuse treatment facility to require the provider to be a licensed behavioral health treatment facility.

  CURRENT VERSION OF TEXT      As reported by the Assembly Health and Senior Services Committee on May 11, 2017, with amendments.

   An Act concerning behavioral health services, designated as the Mental Health Access Act, and supplementing Title 30 of the Revised Statutes.

       Be It Enacted by the Senate and General Assembly of the State of New Jersey:

       1.    a.

 The reimbursement rate for 1[a] an evidence-based1 behavioral health care service provided to an adult or a child that is billed to the State Medicaid program shall be no less than the Medicare reimbursement rate for the service, provided the following conditions are met:

     (1)   1[The behavioral health care service is evidence-based;

     (2)]1  The service is limited to individual or group counseling provided in an outpatient setting;

and      1[(3)] (2)1  The billing provider is a 1[substance abuse] behavioral health1 treatment facility licensed by the Department of Human Services or a person licensed or otherwise authorized pursuant to Title 45 of the Revised Statutes to practice a health care profession.

     b.    As used in this section:

     “Behavioral health care service” means a procedure or service for the treatment of mental illness, emotional disorders, or drug or alcohol abuse rendered by a person licensed or otherwise authorized pursuant to Title 45 of the Revised Statutes to practice a health care profession.

     “Evidence-based” means 1[an intervention that is included in the National Registry of Evidence-based Programs and Practices published by the federal Substance Abuse and Mental Health Services Administration, or] a treatment provided by licensed mental health professionals that1 meets 1[other]1 criteria established by the Commissioner of Human Services, in consultation with the Commissioner of Children and Families, for evidence-based treatment.

     “Medicaid” means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

     “Medicare” means the federal Medicare program established pursuant to Title XVIII of the federal Social Security Act (42 U.S.C.s.1395 et seq.).

       2.    The Commissioner of Human Services shall apply for such State plan amendments or waivers as may be necessary to implement the provisions of this act and to secure federal financial participation for State Medicaid expenditures under the federal Medicaid program.

       3.    The Commissioner of Human Services and the Commissioner of Children and Families shall adopt rules and regulations pursuant to the "Administrative Procedure Act" P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.

       4.    This act shall take effect on the first day of the fourth month next following the date of enactment, and shall apply to all services provided on or after the effective date, except that the Commissioner of Human Services and the Commissioner of Children and Families may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.