42 U.S.C. § 712 — Services to individuals with a postpartum

Page 2463 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 712 (4) for the acquisition by families served by programs under section 711 of this title of such technological means as are needed to conduct and support a virtual home visit; (5) to provide emergency supplies (such as diapers and diapering supplies including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash, formula, food, water, hand soap and hand sanitizer) to an eli- gible family (as defined in section 711(l)(2) of this title); (6) to coordinate with and provide reim- bursement for supplies to diaper banks when using such entities to provide emergency sup- plies specified in paragraph (5); or (7) to provide prepaid grocery cards to an eli- gible family (as defined in section 711(l)(2) of this title) participating in the maternal, in- fant, and early childhood home visiting pro- gram under section 711 of this title for the pur- pose of enabling the family to meet the emer- gency needs of the family. (Aug. 14, 1935, ch. 531, title V, § 511A, as added Pub. L. 117–2, title IX, § 9101, Mar. 11, 2021, 135 Stat. 123; amended Pub. L. 117–328, div. FF, title VI, § 6101(f)(2)(B), Dec. 29, 2022, 136 Stat. 5962.) Editorial Notes AMENDMENTS 2022—Subsec. (c)(5), (7). Pub. L. 117–328 substituted ‘‘section 711(l)(2)’’ for ‘‘section 711(k)(2)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–328 effective Oct. 1, 2022, see section 6101(i)(1) of Pub. L. 117–328, set out as a note under section 711 of this title. EFFECTIVE DATE Pub. L. 117–2, title IX, § 9101, Mar. 11, 2021, 135 Stat. 123, provided in part that this section is effective 1 day after the date of enactment of this Act (Mar. 11, 2021). § 712. Services to individuals with a postpartum condition and their families (a) In general In addition to any other payments made under this subchapter to a State, the Secretary may make grants to eligible entities for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the de- livery of essential services to individuals with or at risk for postpartum conditions and their fam- ilies. (b) Certain activities To the extent practicable and appropriate, the Secretary shall ensure that projects funded under subsection (a) provide education and serv- ices with respect to the diagnosis and manage- ment of postpartum conditions for individuals with or at risk for postpartum conditions and their families. The Secretary may allow such projects to include the following: (1) Delivering or enhancing outpatient and home-based health and support services, in- cluding case management and comprehensive treatment services. (2) Delivering or enhancing inpatient care management services that ensure the well- being of the mother and family and the future development of the infant. (3) Improving the quality, availability, and organization of health care and support serv- ices (including transportation services, at- tendant care, homemaker services, day or res- pite care, and providing counseling on finan- cial assistance and insurance). (4) Providing education about postpartum conditions to promote earlier diagnosis and treatment. Such education may include— (A) providing complete information on postpartum conditions, symptoms, methods of coping with the illness, and treatment re- sources; and (B) in the case of a grantee that is a State, hospital, or birthing facility— (i) providing education to new mothers and fathers, and other family members as appropriate, concerning postpartum condi- tions before new mothers leave the health facility; and (ii) ensuring that training programs re- garding such education are carried out at the health facility. (c) Integration with other programs To the extent practicable and appropriate, the Secretary may integrate the grant program under this section with other grant programs carried out by the Secretary, including the pro- gram under section 254b of this title. (d) Requirements The Secretary shall establish requirements for grants made under this section that include a limit on the amount of grants funds that may be used for administration, accounting, reporting, or program oversight functions and a require- ment for each eligible entity that receives a grant to submit, for each grant period, a report to the Secretary that describes how grant funds were used during such period. (e) Technical assistance The Secretary may provide technical assist- ance to entities seeking a grant under this sec- tion in order to assist such entities in com- plying with the requirements of this section. (f) Application of other provisions of subchapter (1) In general Except as provided in paragraph (2), the other provisions of this subchapter shall not apply to a grant made under this section. (2) Exceptions The following provisions of this subchapter shall apply to a grant made under this section to the same extent and in the same manner as such provisions apply to allotments made under section 702(c) of this title: (A) Section 704(b)(6) of this title (relating to prohibition on payments to excluded indi- viduals and entities). (B) Section 704(c) of this title (relating to the use of funds for the purchase of technical assistance). (C) Section 704(d) of this title (relating to a limitation on administrative expendi- tures). Page 2464 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 713 (D) Section 706 of this title (relating to re- ports and audits), but only to the extent de- termined by the Secretary to be appropriate for grants made under this section. (E) Section 707 of this title (relating to penalties for false statements). (F) Section 708 of this title (relating to nondiscrimination). (G) Section 709(a) of this title (relating to the administration of the grant program). (g) Definitions In this section: (1) The term ‘‘eligible entity’’— (A) means a public or nonprofit private en- tity; and (B) includes a State or local government, public-private partnership, recipient of a grant under section 254c–8 of this title (relat- ing to the Healthy Start Initiative), public or nonprofit private hospital, community- based organization, hospice, ambulatory care facility, community health center, mi- grant health center, public housing primary care center, or homeless health center. (2) The term ‘‘postpartum condition’’ means postpartum depression or postpartum psy- chosis. (Aug. 14, 1935, ch. 531, title V, § 512, as added Pub. L. 111–148, title II, § 2952(b), Mar. 23, 2010, 124 Stat. 345.) Editorial Notes PRIOR PROVISIONS A prior section 712, act Aug. 14, 1935, ch. 531, title V, § 512, as added Jan. 2, 1968, Pub. L. 90–248, title III, § 301, 81 Stat. 927, which provided for research projects relat- ing to maternal and child health services and crippled children’s services, was omitted in the general revision of this subchapter by Pub. L. 97–35, title XXI, § 2192(a), Aug. 13, 1981, 95 Stat. 818. Another prior section 712, acts Aug. 14, 1935, ch. 531, title V, § 512, 49 Stat. 631; Aug. 10, 1939, ch. 666, title V, § 505, 53 Stat. 1380; 1946 Reorg. Plan. No. 2, § 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, § 401(b)(5), (6), 60 Stat. 986; Aug. 28, 1950, ch. 809, title III, pt. 3, § 331(d), pt. 6, § 361(e), 64 Stat. 552, 558; Aug. 28, 1958, Pub. L. 85–840, title VI, § 603(b), (c), 72 Stat. 1055; Sept. 13, 1960, Pub. L. 86–778, title VII, § 707(a)(2)(B), (C), (b)(2)(A), 74 Stat. 996; Oct. 24, 1963, Pub. L. 88–156, § 3(b), (c), 77 Stat. 274, which provided for allotment to States for services for crippled children, was covered by former section 704 of this title. Provisions similar to those comprising former sec- tion 712 were contained in section 533, formerly section 532, of act Aug. 14, 1935, ch. 531, title V, as added Oct. 24, 1963, Pub. L. 88–156, § 4, 77 Stat. 274, and renumbered July 30, 1965, Pub. L. 89–97, title II, § 205(2), 79 Stat. 354 (formerly classified to section 729a of this title), prior to the general amendment and renumbering of title V of act Aug. 14, 1935, by Pub. L. 90–248, § 301. Statutory Notes and Related Subsidiaries SUPPORT, EDUCATION, AND RESEARCH FOR POSTPARTUM DEPRESSION Pub. L. 111–148, title II, § 2952(a), Mar. 23, 2010, 124 Stat. 344, provided that: ‘‘(a) RESEARCH ON POSTPARTUM CONDITIONS.— ‘‘(1) EXPANSION AND INTENSIFICATION OF ACTIVI- TIES.—The Secretary of Health and Human Services (in this subsection and subsection (c) referred to as the ‘Secretary’) is encouraged to continue activities on postpartum depression or postpartum psychosis (in this subsection and subsection (c) referred to as ‘postpartum conditions’), including research to ex- pand the understanding of the causes of, and treat- ments for, postpartum conditions. Activities under this paragraph shall include conducting and sup- porting the following: ‘‘(A) Basic research concerning the etiology and causes of the conditions. ‘‘(B) Epidemiological studies to address the fre- quency and natural history of the conditions and the differences among racial and ethnic groups with respect to the conditions. ‘‘(C) The development of improved screening and diagnostic techniques. ‘‘(D) Clinical research for the development and evaluation of new treatments. ‘‘(E) Information and education programs for health care professionals and the public, which may include a coordinated national campaign to in- crease the awareness and knowledge of postpartum conditions. Activities under such a national cam- paign may— ‘‘(i) include public service announcements through television, radio, and other means; and ‘‘(ii) focus on— ‘‘(I) raising awareness about screening; ‘‘(II) educating new mothers and their fami- lies about postpartum conditions to promote earlier diagnosis and treatment; and ‘‘(III) ensuring that such education includes complete information concerning postpartum conditions, including its symptoms, methods of coping with the illness, and treatment re- sources. ‘‘(2) SENSE OF CONGRESS REGARDING LONGITUDINAL STUDY OF RELATIVE MENTAL HEALTH CONSEQUENCES FOR WOMEN OF RESOLVING A PREGNANCY.— ‘‘(A) SENSE OF CONGRESS.—It is the sense of Con- gress that the Director of the National Institute of Mental Health may conduct a nationally represent- ative longitudinal study (during the period of fiscal years 2010 through 2019) of the relative mental health consequences for women of resolving a preg- nancy (intended and unintended) in various ways, including carrying the pregnancy to term and par- enting the child, carrying the pregnancy to term and placing the child for adoption, miscarriage, and having an abortion. This study may assess the inci- dence, timing, magnitude, and duration of the im- mediate and long-term mental health consequences (positive or negative) of these pregnancy outcomes. ‘‘(B) REPORT.—Subject to the completion of the study under subsection (a), beginning not later than 5 years after the date of the enactment of this Act [Mar. 23, 2010], and periodically thereafter for the duration of the study, such Director may pre- pare and submit to the Congress reports on the findings of the study.’’ § 713. Personal responsibility education (a) Allotments to States (1) Amount (A) In general For the purpose described in subsection (b), subject to the succeeding provisions of this section, for each of fiscal years 2010 through 2023, for the period beginning on Oc- tober 1, 2023, and ending on November 17, 2023, for the period beginning on November 18, 2023, and ending on January 19, 2024, for the period beginning on January 20, 2024, and ending on March 8, 2024, for the period begin- ning on March 9, 2024, and ending on Sep- tember 30, 2024, and for the period beginning on October 1, 2024, and ending on March 31,