2023-2024 Regular SessionDelaware Legislature

HB5: An Act To Amend Title 31 Of The Delaware Code Relating To Reimbursement Of School-based Behavioral Health Services.

Legislative Summary

The States 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.

Demographic Impact

Overall analysis of equity impact

70% Positive
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Bill History

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

Roll Call Votes

Senate Third Reading
6/27/2024
21
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House Third Reading
5/16/2024
40
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED