§290ff — Title 42 The Public Health and Welfare | U.S. Code

Summary

The federal government must give grants, through the Director of the Center for Mental Health Services, to States, local governments, and Indian tribes so they can provide full community mental health care for children with serious emotional disturbances. Grants can also help find and help children who are at risk. A public entity means a State, a political subdivision of a State, or an Indian tribe or tribal organization. A grant can only go to an entity if the State involved is already a grantee under section 300x. If a service is covered by the State’s Medicaid plan, the grantee must provide it directly or hire an organization that is approved to bill the plan. The Secretary can waive that approval rule for a hired organization if it does not charge or take payments from insurers or government health programs. When choosing grantees, the Secretary must spread money fairly across U.S. regions, consider need, listen to State comments about local or tribal applicants, and favor applicants whose State will help pay the non-Federal share. Grant rules require matching funds: for the 1st, 2nd, and 3rd grant years the grantee must provide at least $1 for every $3 of Federal money; for the 4th year $1 for $1; and for the 5th and 6th years $2 for every $1. Matches can be cash or fair-valued donations, but not Federal money or services paid or heavily supported by the Federal Government. The Secretary may count only matching money above the grantee’s two-year average before the grant.

Title 42, §290ff

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)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)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)(1)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;

(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)(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 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)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)(1)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)(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsections (b) and (c) of section 5304 of title 25, referred 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 section. 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 National 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 section 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), substituted “this part” for “this subpart”. Subsec. (b)(1)(B), (C). Pub. L. 103–43, § 2017(1)(B), substituted “is such a grantee” for “is receiving such payments”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1992, with provision for programs 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 without requiring peer and Advisory Council review as required under section 504 of such Act (42 U.S.C. 290aa–3). “(2) Limitation.—Paragraph (1) shall apply with respect to a grantee only if the grantee agrees to comply with the provisions of section 561 as amended by subsection (a).”

§290ff Comprehensive community mental health services for children with serious emotional disturbances

Summary

Title 42, §290ff

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata