Delaware General Assembly

Out of Committee 4/17/24

Legislation has been voted out of Committee; now placed on the Ready List

HB 5

2/29/24

Longhurst

Sen. Poore
Reps. Heffernan, Minor-Brown, Michael Smith

Sen. Gay, Hansen, Hoffner, Huxtable, Sturgeon
Reps. Chukwuocha, Dukes, Hensley, Lambert, S. Moore, Morrison, Osienski

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO REIMBURSEMENT OF SCHOOL-BASED BEHAVIORAL HEALTH SERVICES.

The State’s Medicaid Plan still limits the reimbursement of Medicaid-covered, school-based behavioral health services to those provided under an Individualized Educational Program (IEP) or Individualized Family Service Plan (IFSP), despite federal policy changes that allow for these services to be provided as a medical necessity without IEP or IFSP documentation. This bill would charge the Department of Health & Social Services to apply to the Centers for Medicare and Medicaid Services for a State Plan Amendment that would allow for reimbursement of medically necessary behavioral health services without IEP or IFSP documentation. Local education agencies must use the reimbursed funds to further invest in school-based behavioral health supports. This House Substitute differs from the original HB 5 in that the deadline for application for a State Plan Amendment is extended to January 1, 2025. It also allows the Department of Education, the administrator of all reimbursements, to retain up to 5% of federal reimbursement dollars in order to defray administrative costs. Remaining funds shall be reimbursed to the local education agencies providing the services.

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Takes effect upon being signed into law

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