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 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 men- tal health services to children with a serious emotional disturbance, which may include ef- forts 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 sub- division of a State, and any Indian tribe or tribal organization (as defined in section 5304(b) and section 5304(c) 1 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 sub- section (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; (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 Sec- retary 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 Secu- rity Act [42 U.S.C. 1396 et seq.] for the State involved— (i) the public entity involved will provide the service directly, and the entity has en- tered 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) re- garding the provision of services under sub- section (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 Fed- eral 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 wheth- er the organization accepts voluntary dona- tions 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 regard- ing the application of the entity for such a grant that are received by the Secretary from the State in which the entity is lo- cated; 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 sub- section (a) is that the public entity involved will, with respect to the costs to be incurred by the entity in carrying out the purpose de- scribed in such subsection, make available (di- rectly or through donations from public or pri- vate entities) non-Federal contributions to- ward 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; Page 953 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290ff–1 2 So in original. Probably should be ‘‘years,’’. (B) for any second or third such fiscal year, is not less than $1 for each $3 of Fed- eral funds provided in the grant; (C) for any fourth such fiscal year, is not less than $1 for each $1 of Federal funds pro- vided in the grant; and (D) for any fifth and sixth such fiscal year,2 is not less than $2 for each $1 of Fed- eral 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 serv- ices. Amounts provided by the Federal Gov- ernment, or services assisted or subsidized to any significant extent by the Federal Govern- ment, 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 pur- poses of subparagraph (A), the Secretary may include only non-Federal contributions in ex- cess of the average amount of non-Federal contributions made by the public entity in- volved toward the purpose described in sub- section (a) for the 2-year period preceding the first fiscal year for which the entity receives a grant under such section. (July 1, 1944, ch. 373, title V, § 561, as added Pub. L. 102–321, title I, § 119, July 10, 1992, 106 Stat. 349; amended Pub. L. 103–43, title XX, § 2017(1), June 10, 1993, 107 Stat. 218; Pub. L. 106–310, div. B, title XXXI, § 3105(a), Oct. 17, 2000, 114 Stat. 1175; Pub. L. 114–255, div. B, title X, § 10001(a), Dec. 13, 2016, 130 Stat. 1262.) Editorial Notes REFERENCES IN TEXT Subsections (b) and (c) of section 5304 of title 25, re- ferred to in subsec. (a)(2), do not contain definitions of the terms ‘‘Indian tribe’’ and ‘‘tribal organization’’. However, such terms are defined elsewhere in that sec- tion. The Social Security Act, referred to in subsec. (b)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. PRIOR PROVISIONS A prior section 290ff, act July 1, 1944, ch. 373, title V, § 561, as added Nov. 18, 1988, Pub. L. 100–690, title II, § 2081(a), 102 Stat. 4216, which related to action by Na- tional Institute on Drug Abuse and States concerning military facilities, was renumbered section 513 of act July 1, 1944, by Pub. L. 102–321 and transferred to sec- tion 290bb–6 of this title. AMENDMENTS 2016—Subsec. (a)(1). Pub. L. 114–255 inserted ‘‘, which may include efforts to identify and serve children at risk’’ before period at end. 2000—Subsec. (c)(1)(D). Pub. L. 106–310 substituted ‘‘fifth and sixth such fiscal year’’ for ‘‘fifth such fiscal year’’. 1993—Subsec. (a)(2). Pub. L. 103–43, § 2017(1)(A), sub- stituted ‘‘this part’’ for ‘‘this subpart’’. Subsec. (b)(1)(B), (C). Pub. L. 103–43, § 2017(1)(B), sub- stituted ‘‘is such a grantee’’ for ‘‘is receiving such pay- ments’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1992, with provision for pro- grams providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as an Effective Date of 1992 Amendment note under section 236 of this title. CURRENT GRANTEES Pub. L. 106–310, div. B, title XXXI, § 3105(e), Oct. 17, 2000, 114 Stat. 1175, provided that: ‘‘(1) IN GENERAL.—Entities with active grants under section 561 of the Public Health Service Act (42 U.S.C. 290ff) on the date of the enactment of this Act [Oct. 17, 2000] shall be eligible to receive a sixth year of funding under the grant in an amount not to exceed the amount that such grantee received in the fifth year of funding under such grant. Such sixth year may be funded with- out requiring peer and Advisory Council review as re- quired under section 504 of such Act (42 U.S.C. 290aa–3). ‘‘(2) LIMITATION.—Paragraph (1) shall apply with re- spect to a grantee only if the grantee agrees to comply with the provisions of section 561 as amended by sub- section (a).’’ § 290ff–1. Requirements with respect to carrying out purpose of grants (a) Systems of comprehensive care (1) In general A funding agreement for a grant under sec- tion 290ff(a) of this title is that, with respect to children with a serious emotional disturb- ance, the public entity involved will carry out the purpose described in such section only through establishing and operating 1 or more systems of care for making each of the mental health services specified in subsection (c) available to each child provided access to the system. In providing for such a system, the public entity may make grants to, and enter into contracts with, public and nonprofit pri- vate entities. (2) Structure of system A funding agreement for a grant under sec- tion 290ff(a) of this title is that a system of care under paragraph (1) will— (A) be established in a community selected by the public entity involved; (B) consist of such public agencies and nonprofit private entities in the community as are necessary to ensure that each of the services specified in subsection (c) is avail- able to each child provided access to the sys- tem; (C) be established pursuant to agreements that the public entity enters into with the agencies and entities described in subpara- graph (B); (D) coordinate the provision of the services of the system; and (E) establish an office whose functions are to serve as the location through which chil- dren are provided access to the system, to coordinate the provision of services of the system, and to provide information to the public regarding the system. (3) Collaboration of local public entities A funding agreement for a grant under sec- tion 290ff(a) of this title is that, for purposes of the establishment and operation of a sys- tem of care under paragraph (1), the public en-