§300x–53 — Title 42 The Public Health and Welfare | U.S. Code

Summary

To get a federal grant, a State must do three things. For the fiscal year the grant covers, the State must have an independent outside review of the quality, suitability, and effectiveness of the treatment services it funds. At least 5 percent of the service providers must be reviewed, and those reviewed must represent the whole group. The State must also allow and help federal investigations and give the Secretary any data required under the related data law and help make standard rules for collecting that data. The Secretary can only award the grant if the State has a system to keep patient records private and prevent improper release for activities funded by the grant or for any entity paid with the grant.

Title 42, §300x–53

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

(a)A funding agreement for a grant under section 300x or 300x–21 of this title is that the State involved will—

(1)(A)for the fiscal year for which the grant involved is provided, provide for independent peer review to assess the quality, appropriateness, and efficacy of treatment services provided in the State to individuals under the program involved; and

(B)ensure that, in the conduct of such peer review, not fewer than 5 percent of the entities providing services in the State under such program are reviewed (which 5 percent is representative of the total population of such entities);

(2)permit and cooperate with Federal investigations undertaken in accordance with section 300x–55 of this title; and

(3)provide to the Secretary any data required by the Secretary pursuant to subsections (c) and (d) of section 290aa–4 of this title and will cooperate with the Secretary in the development of uniform criteria for the collection of data pursuant to such section.

(b)The Secretary may make a grant under section 300x or 300x–21 of this title only if the State involved has in effect a system to protect from inappropriate disclosure patient records maintained by the State in connection with an activity funded under the program involved or by any entity which is receiving amounts from the grant.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (a)(3). Pub. L. 114–255 substituted “subsections (c) and (d) of section 290aa–4 of this title” for “section 290aa–4 of this title”. 1992—Subsec. (a)(3). Pub. L. 102–352 substituted “section 290aa–4 of this title” for “section 290bb–21 of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–352 effective immediately upon effectuation of amendment made by Pub. L. 102–321, see section 3(1) of Pub. L. 102–352, set out as a note under section 285n of this title.

§300x–53 Additional requirements