42 U.S.C. § 300x–53: Additional requirements

Summary

To get certain federal grants for treatment programs, a State must have independent experts each fiscal year review how good, appropriate, and effective the State’s treatment services are. The review must cover at least 5 percent of the service providers in the State and be representative of them. The State must also allow and help federal investigations and must give the federal health official any data the law requires and help create uniform rules for collecting that data. A State can get a grant only if it has a system to keep patient records private and protect them from improper disclosure, whether the records are kept by the State or by organizations that get grant money.

Title 42, §300x–53

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

(a)In general

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)Patient records

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