S. 2050 — ASSIST Act

This section establishes a 90% federal medical assistance percentage (FMAP) for state Medicaid expenditures for mental health and substance use disorder services (as defined in section 3 of the Advancing Student Services In Schools Today Act) provided by qualified care providers in schools or school-based health centers (as defined in section 399Z–1(a)(3) of the Public Health Service Act), effective on or after the first day of the first calendar quarter beginning 12 months after enactment. The increased FMAP applies only if it exceeds the otherwise applicable rate and excludes such territorial payments from Medicaid payment limits under section 1108(f) and (g). (Thus, it increases the federal share of costs for these school-based behavioral health services from states' regular FMAPs, which range from 50% to approximately 78%.)

This section establishes a grant program to increase mental health and substance use disorder care providers in schools and school-based health centers. Not later than 12 months after enactment, the Secretary of Health and Human Services (HHS), in consultation with the Centers for Medicare & Medicaid Services Administrator and Secretary of Education, must award grants, contracts, or cooperative agreements to eligible entities—including local educational agencies, institutions of higher education, Bureau of Indian Affairs-operated schools, and school-based health centers—for this purpose. Eligible entities must apply with descriptions of student mental health and substance use disorder needs and plans to ensure culturally and linguistically competent providers and services. Funds may not be used for threat assessment teams. Grantees must submit annual reports to HHS on provider numbers and support, service types and efficacy, recruitment/retention practices, and retention rates. HHS must report to Congress on program effectiveness not later than 18 months after enactment and every five years thereafter.