42 U.S.C. § 290aa–17: Assisted outpatient…

Summary

The Secretary of Health and Human Services must create a grant program to give no more than 50 grants each year to eligible groups to run assisted outpatient treatment for people with serious mental illness. HHS must work with the Director of the National Institute of Mental Health, the Attorney General, the Administrator for Community Living, and the head of SAMHSA. Grants can only go to groups that have not run an assisted outpatient program before. HHS will pick winners based on their chance to lower hospital stays, homelessness, arrests, and other criminal-justice contact while improving health and social outcomes. Programs funded must check patients’ medical and social needs; write and follow treatment plans that say when court-ordered treatment is done and how to watch for medication and other compliance; provide case management and referrals; make sure the program fits patient needs and state law; and track results like incarceration, health care use, and homelessness. HHS must report to Congress by the end of fiscal year 2023 and every two years after on costs, public health outcomes (including mortality, suicide, substance abuse, and hospitalization), incarceration and homelessness rates, satisfaction, and participant demographics. Grants may be up to $1,000,000 each for fiscal years 2023–2027, and $22,000,000 is authorized each year for 2023–2027. Definitions: "assisted outpatient treatment" — court-authorized, prescribed mental health care in the community; "eligible entity" — a county, city, mental health system, court, or other state-authorized group that can run AOT programs; "Secretary" — Secretary of Health and Human Services.

Title 42, §290aa–17

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

(a)In general

The Secretary shall establish a program to award not more than 50 grants each year to eligible entities for assisted outpatient treatment programs for individuals with serious mental illness.

(b)Consultation

The Secretary shall carry out this section in consultation with the Director of the National Institute of Mental Health, the Attorney General of the United States, the Administrator of the Administration for Community Living, and the Administrator of the Substance Abuse and Mental Health Services Administration.

(c)Selecting among applicants

The Secretary—

(1)may only award grants under this section to applicants that have not previously implemented an assisted outpatient treatment program; and

(2)shall evaluate applicants based on their potential to reduce hospitalization, homelessness, incarceration, and interaction with the criminal justice system while improving the health and social outcomes of the patient.

(d)Use of grant

An assisted outpatient treatment program funded with a grant awarded under this section shall include—

(1)evaluating the medical and social needs of the patients who are participating in the program;

(2)preparing and executing treatment plans for such patients that—

(A)include criteria for completion of court-ordered treatment; and

(B)provide for monitoring of the patient’s compliance with the treatment plan, including compliance with medication and other treatment regimens;

(3)providing for such patients case management services that support the treatment plan;

(4)ensuring appropriate referrals to medical and social service providers;

(5)evaluating the process for implementing the program to ensure consistency with the patient’s needs and State law; and

(6)measuring treatment outcomes, including health and social outcomes such as rates of incarceration, health care utilization, and homelessness.

(e)Report

Not later than the end of fiscal year 2023, and biennially thereafter, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the grant program under this section. Each such report shall include an evaluation of the following:

(1)Cost savings and public health outcomes such as mortality, suicide, substance abuse, hospitalization, and use of services.

(2)Rates of incarceration by patients.

(3)Rates of homelessness among patients.

(4)Patient and family satisfaction with program participation.

(5)Demographic information regarding participation of those served by the grant compared to demographic information in the population of the grant recipient.

(f)Definitions

In this section: (1)

(2)The term “eligible entity” means a county, city, mental health system, mental health court, or any other entity with authority under the law of the State in which the grantee is located to implement, monitor, and oversee assisted outpatient treatment programs.

(3)The term “Secretary” means the Secretary of Health and Human Services.

(g)Funding

(1)Amount of grants

A grant under this section shall be in an amount that is not more than $1,000,000 for each of fiscal years 2023 through 2027. Subject to the preceding sentence, the Secretary shall determine the amount of each grant based on the population of the area, including estimated patients, to be served under the grant.

(2)Authorization of appropriations

There is authorized to be appropriated to carry out this section $22,000,000 for each of fiscal years 2023 through 2027.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified as a note under section 290aa of this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the Protecting Access to Medicare Act of 2014, and not as part of the Public Health Service Act which comprises this chapter.

Amendments

2022—Subsec. (a). Pub. L. 117–328, § 1123(b)(1)(A), struck out “4-year pilot” before “program”. Subsec. (e). Pub. L. 117–328, § 1123(b)(1)(B), in introductory provisions, substituted “fiscal year 2023, and biennially thereafter” for “each of fiscal years 2016, 2017, 2018, 2019, 2020, 2021, and 2022” and “Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives” for “appropriate congressional committees”. Subsec. (e)(5). Pub. L. 117–328, § 1123(b)(1)(C), added par. (5). Subsec. (g)(1). Pub. L. 117–328, § 1123(b)(1)(D)(i), substituted “2023 through 2027” for “2015 through 2022”. Subsec. (g)(2). Pub. L. 117–328, § 1123(b)(1)(D)(ii), amended par. (2) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2015 through 2017, $20,000,000 for fiscal year 2018, $19,000,000 for each of fiscal years 2019 and 2020, and $18,000,000 for each of fiscal years 2021 and 2022.” 2016—Subsec. (e). Pub. L. 114–255, § 9014(1), substituted “2018, 2019, 2020, 2021, and 2022,” for “and 2018,” in introductory provisions. Subsec. (g)(1). Pub. L. 114–255, § 9014(2)(A), substituted “2022” for “2018”. Subsec. (g)(2). Pub. L. 114–255, § 9014(2)(B), substituted “are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2015 through 2017, $20,000,000 for fiscal year 2018, $19,000,000 for each of fiscal years 2019 and 2020, and $18,000,000 for each of fiscal years 2021 and 2022” for “is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2015 through 2018”.

§290aa–17 Assisted Outpatient Treatment Grant Program for Individuals with Serious Mental Illness

Summary

Title 42, §290aa–17

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata