FIRST REGULAR SESSION

HOUSE COMMITTEE SUBSTITUTE FOR

House Concurrent Resolution No. 28

95TH GENERAL ASSEMBLY

1943L.02C

            Whereas, good government is the result of laws carefully passed with harmonious effects that save taxpayer dollars; and

            Whereas, when laws have conflicting effects that result in the waste of tax dollars, elected officials have a duty to find a remedy, working between branches and levels of government as necessary; and

            Whereas, the State of Missouri is suffering from economic strain, as is its Department of Mental Health, which operate acute care mental health hospitals and fund residential treatment programs for substance abuse, and which mental health hospitals and substance abuse programs treat patients covered by the federal Medicaid program, but because of federal law Section 1905(i) of the Social Security Act, 42 U.S.C. Section 1396d(i), relating to institutions for Mental Diseases (IMD) exclusion, Missouri is unable to receive any matching federal dollars to help provide care for such patients; and

            Whereas, Congress could rescind Section 1905(i) of the Social Security Act, 42 U.S.C. Section 1396d(i), to allow Missouri to draw down federal financial participation dollars for the care of mentally ill patients in its mental health hospitals and residential programs for substance abuse, in order to provide better access and quality of care:

            Now, therefore, be it resolved by the members of the House of Representatives of the Ninety-fifth General Assembly, First Regular Session, the Senate concurring therein, that:

            (1) Federal law Section 1905(i) of the Social Security Act, 42 U.S.C. Section 1396d(i), which prohibits the State of Missouri from drawing down federal financial participation (matching) funds for the care of Medicaid patients suffering from mental illness in its mental health hospitals and persons in residential treatment programs for substance abuse; and

            (2) Congress ought to rescind federal law Section 1905(i) of the Social Security Act, 42 U.S.C. Section 1396d(i), relating to institutions for Mental Diseases (IMD) exclusion; and

            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for Barack Obama, President of the United States; the President of the United States Senate; the Speaker of the United States House of Representatives; and each member of the Missouri Congressional delegation.

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