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42 U.S.C. § 290ff — Comprehensive community mental health services for children with serious emotional disturbances

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290ff — Comprehensive community mental health services for children with serious emotional disturbances

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Source file: Laws/federal/codes/united-states-code/title-42/section-290ff-comprehensive-community-mental-health-services-for-children-with-serious--1e1c2da25b.md
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Source location: Title 42, Chapter 6A, § 290ff; chapter-6a-public-health-service.md

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**(a) Grants to certain public entities** (1) **In general** — The Secretary, acting through the Director of the Center for Mental Health Services, shall make grants to public entities for the purpose of providing comprehensive community mental health services to children with a serious emotional disturbance, which may include efforts to identify and serve children at risk. (2) **“Public entity” defined** — For purposes of this part, the term “public entity” means any State, any political subdivision of a State, and any Indian tribe or tribal organization (as defined in section 5304(b) and section 5304(c) 11 See References in Text note below. of title 25). **(b) Considerations in making grants** (1) **Requirement of status as grantee under part B of subchapter XVII** — The Secretary may make a grant under subsection (a) to a public entity only if— (A) in the case of a public entity that is a State, the State is a grantee under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim); (B) in the case of a public entity that is a political subdivision of a State, the State in which the political subdivision is located is such a grantee; and (C) in the case of a public entity that is an Indian tribe or tribal organization, the State in which the tribe or tribal organization is located is such a grantee. (2) **Requirement of status as medicaid provider** (A) Subject to subparagraph (B), the Secretary may make a grant under subsection (a) only if, in the case of any service under such subsection that is covered in the State plan approved under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.] for the State involved— (i) the public entity involved will provide the service directly, and the entity has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or (ii) the public entity will enter into an agreement with an organization under which the organization will provide the service, and the organization has entered into such a participation agreement and is qualified to receive such payments. (B) (i) In the case of an organization making an agreement under subparagraph (A)(ii) regarding the provision of services under subsection (a), the requirement established in such subparagraph regarding a participation agreement shall be waived by the Secretary if the organization does not, in providing health or mental health services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. (ii) A determination by the Secretary of whether an organization referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the organization accepts voluntary donations regarding the provision of services to the public. (3) **Certain considerations** — In making grants under subsection (a), the Secretary shall— (A) equitably allocate such assistance among the principal geographic regions of the United States; (B) consider the extent to which the public entity involved has a need for the grant; and (C) in the case of any public entity that is a political subdivision of a State or that is an Indian tribe or tribal organization— (i) shall consider any comments regarding the application of the entity for such a grant that are received by the Secretary from the State in which the entity is located; and (ii) shall give special consideration to the entity if the State agrees to provide a portion of the non-Federal contributions required in subsection (c) regarding such a grant. **(c) Matching funds** (1) **In general** — A funding agreement for a grant under subsection (a) is that the public entity involved will, with respect to the costs to be incurred by the entity in carrying out the purpose described in such subsection, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that— (A) for the first fiscal year for which the entity receives payments from a grant under such subsection, is not less than $1 for each $3 of Federal funds provided in the grant; (B) for any second or third such fiscal year, is not less than $1 for each $3 of Federal funds provided in the grant; (C) for any fourth such fiscal year, is not less than $1 for each $1 of Federal funds provided in the grant; and (D) for any fifth and sixth such fiscal year,22 So in original. Probably should be “years,”. is not less than $2 for each $1 of Federal funds provided in the grant. (2) **Determination of amount contributed** (A) Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (B) In making a determination of the amount of non-Federal contributions for purposes of subparagraph (A), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the public entity involved toward the purpose described in subsection (a) for the 2-year period preceding the first fiscal year for which the entity receives a grant under such section.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 236 — Administration of grants in multigrant projects; promulgation of regulations

For the purpose of facilitating the administration of, and expediting the carrying out of the purposes of, the programs established by subchapters V, VI, and VII,11 See References in Text note below. and sections 242b, 246(a), 246(b), 246(c), 246(d),1 and 246(e) 1 of this title in situations in which grants are sought or made under two or more of such programs with respect to a single project, the Secretary is authorized to promulgate regulations— (1) under which the administrative functions under such programs with respect to such project will be performed by a single administrative unit which is the administrative unit charged with the administration of any of such programs or is the administrative unit charged with the supervision of two or more of such programs; (2) designed to reduce the number of applications, reports, and other materials required under such programs to be submitted with respect to such project, and otherwise to simplify, consolidate, and make uniform (to the extent feasible), the data and information required to be contained in such applications, reports, and other materials; and (3) under which inconsistent or duplicative requirements imposed by such programs will be revised and made uniform with respect to such project; except that nothing in this section shall be construed to authorize the Secretary to waive or suspend, with respect to any such project, any requirement with respect to any of such programs if such requirement is imposed by law or by any regulation required by law.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 236

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300x — Formula grants to States

**(a) In general** For the purpose described in subsection (b), the Secretary, acting through the Director of the Center for Mental Health Services, shall make an allotment each fiscal year for each State in an amount determined in accordance with [section 300x–7 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-7&num=0&edition=prelim). The Secretary shall make a grant to the State of the allotment made for the State for the fiscal year if the State submits to the Secretary an application in accordance with [section 300x–6 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-6&num=0&edition=prelim). **(b) Purpose of grants** A funding agreement for a grant under subsection (a) is that, subject to [section 300x–5 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-5&num=0&edition=prelim), the State involved will expend the grant only for the purpose of— (1) providing community mental health services for adults with a serious mental illness and children with a serious emotional disturbance as defined in accordance with [section 300x–1(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–1/c&num=0&edition=prelim); (2) carrying out the plan submitted under [section 300x–1(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–1/a&num=0&edition=prelim) by the State for the fiscal year involved; (3) evaluating programs and services carried out under the plan; and (4) planning, administration, and educational activities related to providing services under the plan.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300x

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access Commission

**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”). **(b) Duties** (1) **Review of access policies for all States and annual reports** — MACPAC shall— (A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs. (2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following: (A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290bb–6 — Action by Center for Substance Abuse Treatment and States concerning military facilities

**(a) Center for Substance Abuse Treatment** The Director of the Center for Substance Abuse Treatment shall— (1) coordinate with the agencies represented on the Commission on Alternative Utilization of Military Facilities the utilization of military facilities or parts thereof, as identified by such Commission, established under the National Defense Authorization Act of 1989, that could be utilized or renovated to house nonviolent persons for drug treatment purposes; (2) notify State agencies responsible for the oversight of drug abuse treatment entities and programs of the availability of space at the installations identified in paragraph (1); and (3) assist State agencies responsible for the oversight of drug abuse treatment entities and programs in developing methods for adapting the installations described in paragraph (1) into residential treatment centers. **(b) States** With regard to military facilities or parts thereof, as identified by the Commission on Alternative Utilization of Military Facilities established under section 3042 of the Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988,11 See References in Text note below. that could be utilized or renovated to house nonviolent persons for drug treatment purposes, State agencies responsible for the oversight of drug abuse treatment entities and programs shall— (1) establish eligibility criteria for the treatment of individuals at such facilities; (2) select treatment providers to provide drug abuse treatment at such facilities; (3) provide assistance to treatment providers selected under paragraph (2) to assist such providers in securing financing to fund the cost of the programs at such facilities; and (4) establish, regulate, and coordinate with the military official i

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 290bb–6

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access

Page 4009 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396 of the enactment of this Act [Oct. 6, 2014], the Sec- retary shall develop and report to Congress on a stra- tegic plan for collecting or otherwise accessing data on race and ethnicity for purposes of specifying quality measures and resource use and other measures under subsections (c) and (d) of section 1899B of the Social Se- curity Act, as added by subsection (a), and, as the Sec- retary determines appropriate, other similar provisions of, including payment adjustments under, title XVIII of such Act (42 U.S.C. 1395 et seq.).’’ SUBCHAPTER XIX—GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS § 1396. Medicaid and CHIP Payment and Access Commission (a) Establishment There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as ‘‘MACPAC’’). (b) Duties (1) Review of access policies for all States and annual reports MACPAC shall— (A) review policies of the Medicaid pro- gram established under this subchapter (in this section referred to as ‘‘Medicaid’’) and the State Children’s Health Insurance Pro- gram established under subchapter XXI (in this section referred to as ‘‘CHIP’’) affecting access to covered items and services, includ- ing topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such re- views and MACPAC’s recommendations con- cerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, includ- ing the impli

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290ff — Comprehensive community mental health

Page 952 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290ff 1 See References in Text note below. the Health Resources and Services Administration (re- ferred to in this section as the ‘Secretary’)’’. Subsec. (c)(1)(E). Pub. L. 118–84, § 2(2)(A), added sub- par. (E). Subsec. (c)(2)(D). Pub. L. 118–84, § 2(2)(B), added sub- par. (D). Subsec. (f). Pub. L. 118–84, § 2(3), (4), redesignated sub- sec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: ‘‘The Secretary may not award a grant under this section to an entity unless the entity agrees that the entity will make available (directly or through contributions from other public or private entities) non-Federal contribu- tions toward the activities to be carried out under the grant in an amount equal to 10 percent of the amount received under the grant.’’ Subsec. (f)(1). Pub. L. 118–84, § 2(5), substituted ‘‘2024 through 2028’’ for ‘‘2019 through 2023’’. Subsec. (g). Pub. L. 118–84, § 2(4), redesignated subsec. (g) as (f). 2018—Subsec. (a). Pub. L. 115–334, § 12608(1), sub- stituted ‘‘in rural areas or to residents of rural areas’’ for ‘‘in rural areas’’. Subsecs. (b) to (f). Pub. L. 115–334, § 12608(2), added subsecs. (b) to (f) and struck out former subsecs. (b) to (f) which related to eligibility for grants, use of funds, preference for certain grant applications, matching re- quirement, and definition of ‘‘emergency medical serv- ices’’, respectively. Subsec. (g)(1). Pub. L. 115–334, § 12608(3), substituted ‘‘2019 through 2023’’ for ‘‘2002 through 2006’’. PART E—CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES § 290ff. Comprehensive community mental health services for children with serious emotional disturbances (a) Grants to certain public entiti

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 290ff

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