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HB 5 DE
Became Law

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

DE · session 152 · Assembly / House · bill

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Introduced Feb 29, 2024

Latest action (Aug 7, 2024) Signed by Governor

Summary

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.

Sponsors (21)

Action history (13)

  1. Feb 29, 2024 Adopted in lieu of the original bill HB 5, and Assigned to Education Committee in House · lower
  2. Mar 6, 2024 Reported Out of Committee (Education) in House with 3 Favorable, 13 On Its Merits · lower
  3. Mar 7, 2024 Assigned to Appropriations Committee in House · lower
  4. Apr 11, 2024 Amendment HA 1 to HS 1 - Introduced and Placed With Bill · lower
  5. Apr 17, 2024 Reported Out of Committee (Appropriations) in House with 6 On Its Merits · lower
  6. May 16, 2024 Amendment HA 1 to HS 1 - Passed In House by Voice Vote · lower
  7. May 16, 2024 Passed By House. Votes: 40 YES 1 ABSENT · lower
  8. May 16, 2024 Assigned to Education Committee in Senate · upper
  9. May 22, 2024 Reported Out of Committee (Education) in Senate with 6 On Its Merits · upper
  10. May 22, 2024 Assigned to Finance Committee in Senate · upper
  11. Jun 12, 2024 Reported Out of Committee (Finance) in Senate with 4 On Its Merits · upper
  12. Jun 27, 2024 Passed By Senate. Votes: 21 YES · upper
  13. Aug 7, 2024 Signed by Governor · executive

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