42 U.S.C. § 9401 — Congressional statement of findings

Page 7702 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9401 Sec. PART D—ENFORCEMENT 9481. Repealed. PART E—MISCELLANEOUS 9491 to 9493. Repealed. SUBCHAPTER IV—MENTAL HEALTH RIGHTS AND ADVOCACY 9501. Bill of Rights. 9502. Repealed. SUBCHAPTER V—SEX OFFENSE PREVENTION AND CONTROL 9511. Grants for sex offense prevention and control. 9512. Repealed. SUBCHAPTER VI—MISCELLANEOUS 9521. Repealed. 9522. Report on shelter and basic living needs of chronically mentally ill individuals. 9523. Repealed. § 9401. Congressional statement of findings The Congress finds— (1) despite the significant progress that has been made in making community mental health services available and in improving res- idential mental health facilities since the original community mental health centers legislation was enacted in 1963, unserved and underserved populations remain and there are certain groups in the population, such as chronically mentally ill individuals, children and youth, elderly individuals, racial and eth- nic minorities, women, poor persons, and per- sons in rural areas, which often lack access to adequate private and public mental health services and support services; (2) the process of transferring or diverting chronically mentally ill individuals from un- warranted or inappropriate institutionalized settings to their home communities has fre- quently not been accompanied by a process of providing those individuals with the mental health and support services they need in com- munity-based settings; (3) the shift in emphasis from institutional care to community-based care has not always been accompanied by a process of affording training, retraining, and job placement for employees affected by institutional closure and conversion; (4) the delivery of mental health and support services is typically uncoordinated within and among local, State, and Federal entities; (5) mentally ill persons are often inad- equately served by (A) programs of the De- partment of Health and Human Services such as medicare, medicaid, supplemental security income, and social services, and (B) programs of the Department of Housing and Urban De- velopment, the Department of Labor, and other Federal agencies; (6) health care systems often lack general health care personnel with adequate mental health care training and often lack mental health care personnel and consequently many individuals with some level of mental disorder do not receive appropriate mental health care; (7) present knowledge of methods to prevent mental illness through discovery and elimi- nation of its causes and through early detec- tion and treatment is too limited; (8) a comprehensive and coordinated array of appropriate private and public mental health and support services for all people in need within specific geographic areas, based upon a cooperative local-State-Federal partnership, remains the most effective and humane way to provide a majority of mentally ill individuals with mental health care and needed support; and (9) because of the rising demand for mental health services and the wide disparity in the distribution of psychiatrists, clinical psy- chologists, social workers, and psychiatric nurses, there is a shortage in the medical spe- cialty of psychiatry and there are also short- ages among the other health personnel who provide mental health services. (Pub. L. 96–398, § 2, Oct. 7, 1980, 94 Stat. 1565.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–398, § 1, Oct. 7, 1980, 94 Stat. 1564, provided that: ‘‘This Act [enacting this chapter, amending sec- tions 210, 225a, 229b, 242a, 246, 289k–1, 300l–2, 300m–2, 1396b, 2689a to 2689c, 2689e, 2689g, and 2689h of this title, repealing section 2689q of this title, and enacting provi- sions set out as notes under section 242a, 246, 289k–1, and 2689b of this title] may be cited as the ‘Mental Health Systems Act’.’’ SUBCHAPTER I—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 97–35, title IX, § 902(e)(1), (f)(1)(A), Aug. 13, 1981, 95 Stat. 560, struck out heading ‘‘Part A—Defini- tions’’ before section 9411 and heading ‘‘Part B—State Administrative Responsibilities’’ before section 9421. § 9411. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560 Section, Pub. L. 96–398, title I, § 101, Oct. 7, 1980, 94 Stat. 1566, set forth general provisions respecting com- munity mental health centers. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 238l of this title. § 9412. Definitions For purposes of this chapter: (1) The term ‘‘Secretary’’ means the Sec- retary of Health and Human Services. (2) The term ‘‘State’’ includes (in addition to the fifty States) the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Is- lands, Guam, American Samoa, the Trust Ter- ritory of the Pacific Islands, and the Northern Mariana Islands. (3) The term ‘‘nonprofit’’, as applied to any entity, means an entity which is owned and operated by one or more corporations or asso- ciations no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or person. (Pub. L. 96–398, title I, § 102, Oct. 7, 1980, 94 Stat. 1569; Pub. L. 97–35, title IX, § 902(f)(1)(B), (C), Aug. 13, 1981, 95 Stat. 560.)