42 U.S.C. § 300x–2: Certain agreements

Summary

States that get these grants must spend certain amounts to help children with serious emotional problems. For fiscal year 1993, a state must use at least 10% of the grant to raise funding for integrated child services compared to 1992. For fiscal year 1994, it must use at least 10% to raise funding compared to 1993. For later years, the state must keep spending at least as much on those services as it did in 1994. The federal Secretary can waive some or all of these rules if the state already has enough community mental health services for these children. The Secretary must say yes or no within 120 days, and any waiver only applies to the year asked about. States must make sure services are given only through qualified community programs, such as community mental health centers and similar local programs. Community mental health centers must meet rules: serve a defined local area; offer outpatient care (including special services for children, the elderly, people with serious illness, and those recently discharged from hospitals); provide 24-hour emergency care; give day treatment or rehab options; and screen people before sending them to state facilities. Centers must help people in their area regardless of ability to pay and must give care quickly, respectfully, and with continuity and quality.

Title 42, §300x–2

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

(a)Allocation for systems of integrated services for children

(1)In general

With respect to children with a serious emotional disturbance, a funding agreement for a grant under section 300x of this title is that—

(A)in the case of a grant for fiscal year 1993, the State involved will expend not less than 10 percent of the grant to increase (relative to fiscal year 1992) funding for the system of integrated services described in section 300x–1(b)(9) of this title;

(B)in the case of a grant for fiscal year 1994, the State will expend not less than 10 percent of the grant to increase (relative to fiscal year 1993) funding for such system; and

(C)in the case of a grant for any subsequent fiscal year, the State will expend for such system not less than an amount equal to the amount expended by the State for fiscal year 1994.

(2)Waiver

(A)Upon the request of a State, the Secretary may provide to the State a waiver of all or part of the requirement established in paragraph (1) if the Secretary determines that the State is providing an adequate level of comprehensive community mental health services for children with a serious emotional distrubance, as indicated by a comparison of the number of such children for which such services are sought with the availability in the State of the services.

(B)The Secretary shall approve or deny a request for a waiver under subparagraph (A) not later than 120 days after the date on which the request is made.

(C)Any waiver provided by the Secretary under subparagraph (A) shall be applicable only to the fiscal year involved.

(b)Providers of services

A funding agreement for a grant under section 300x of this title for a State is that, with respect to the plan submitted under section 300x–1(a) of this title for the fiscal year involved—

(1)services under the plan will be provided only through appropriate, qualified community programs (which may include community mental health centers, child mental-health programs, psychosocial rehabilitation programs, mental health peer-support programs, and mental-health primary consumer-directed programs); and

(2)services under the plan will be provided through community mental health centers only if the centers meet the criteria specified in subsection (c).

(c)Criteria for mental health centers

The criteria referred to in subsection (b)(2) regarding community mental health centers are as follows:

(1)With respect to mental health services, the centers provide services as follows:

(A)Services principally to individuals residing in a defined geographic area (hereafter in this subsection referred to as a “service area”).

(B)Outpatient services, including specialized outpatient services for children, the elderly, individuals with a serious mental illness, and residents of the service areas of the centers who have been discharged from inpatient treatment at a mental health facility.

(D)Day treatment or other partial hospitalization services, or psychosocial rehabilitation services.

(E)Screening for patients being considered for admission to State mental health facilities to determine the appropriateness of such admission.

(2)The mental health services of the centers are provided, within the limits of the capacities of the centers, to any individual residing or employed in the service area of the center regardless of ability to pay for such services.

(3)The mental health services of the centers are available and accessible promptly, as appropriate and in a manner which preserves human dignity and assures continuity and high quality care.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 300x–1(b)(9) of this title, referred to in subsec. (a)(1)(A), was repealed by Pub. L. 106–310, div. B, title XXXII, § 3204(a), Oct. 17, 2000, 114 Stat. 1192. Provisions relating to a system of integrated social services formerly contained in section 300x–1(b)(9) are now contained in section 300x–1(b)(3) of this title.

Prior Provisions

A prior section 300x–2, act

July 1, 1944, ch. 373, title XIX, § 1914, formerly § 1913, as added Aug. 13, 1981, Pub. L. 97–35, title IX, § 901, 95 Stat. 545; renumbered § 1914 and amended Oct. 19, 1984, Pub. L. 98–509, title I, § 106(a), (c)–(e), (g), 98 Stat. 2358, 2359; Nov. 18, 1988, Pub. L. 100–690, title II, § 2022(e), 102 Stat. 4197; Aug. 16, 1989, Pub. L. 101–93, § 2(c)(1), 103 Stat. 605, related to payment to States of allotments of grants for alcohol, drug abuse, and mental health services, prior to repeal by Pub. L. 102–321, § 201(2). A prior section 1913 of act

July 1, 1944, was classified to section 300x–1b of this title and repealed by Pub. L. 102–321.

§300x–2 Certain Agreements