Sec. 206. Block grants
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Section 1920 of the Public Health Service Act ( 42 U.S.C. 300x–9 ) is amended by adding at the end the following: The Secretary, acting through the Director of the National Institute of Mental Health, shall obligate 5 percent of the amounts appropriated for a fiscal year under subsection
(a)for translating evidence-based (as defined in section 2 of the Helping Families in Mental Health Crisis Act of 2015 ) interventions and best available science into systems of care, such as through models including— the Recovery After an Initial Schizophrenia Episode research project of the National Institute of Mental Health; and the North American Prodrome Longitudinal Study. . Section 1911(a) of the Public Health Service Act ( 42 U.S.C. 300x ) is amended by striking acting through the Director of the Center for Mental Health Services and inserting acting through the Assistant Secretary for Mental Health and Substance Use Disorders . Subsection (b)(1) of section 1912 of the Public Health Service Act ( 42 U.S.C. 300x–1(b)(1) ) is amended— by striking The plan provides and inserting: The plan provides ; in the subparagraph
(A)inserted by paragraph (1), in the second sentence, by striking health and mental health services and inserting integrated physical and mental health services ; in such subparagraph (A), by striking The plan shall include through the period at the end and inserting The plan shall integrate and coordinate services to maximize the efficiency, effectiveness, quality, coordination, and cost effectiveness of those services and programs to produce the best possible outcomes for those with serious mental illness. ; and by adding at the end the following new subparagraph: The plan shall include a separate description of case management services and provide for activities leading to reduction of rates of suicides, suicide attempts, substance abuse, overdose deaths, emergency hospitalizations, incarceration, crimes, arrest, victimization, homelessness, joblessness, medication nonadherence, and education and vocational programs drop outs. The plan must also include a detailed list of services available for eligible patients (as defined in subsection (d)(3)) in each county or county equivalent, including assisted outpatient treatment. . Subsection (b)(2) of section 1912 of the Public Health Service Act ( 42 U.S.C. 300x–1(b)(2) ) is amended— by striking The plan contains an estimate of and inserting the following: The plan contains— an estimate of ; in subparagraph (A), as inserted by paragraph (1), by inserting , including reductions in homelessness, emergency hospitalization, incarceration, and unemployment for eligible patients (as defined in subsection (d)(3)), after targets ; in such subparagraph, by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: an agreement by the State to report to the National Mental Health Policy Laboratory such data as may be required by the Secretary concerning— comprehensive community mental health services in the State; and public health outcomes for persons with serious mental illness in the State, including rates of suicides, suicide attempts, substance abuse, overdose deaths, emergency hospitalizations, incarceration, crimes, arrest, victimization, homelessness, joblessness, medication non-adherence, and education and vocational programs drop outs. . Subsection
(d)of section 1912 of the Public Health Service Act ( 42 U.S.C. 300x–1(d) ) is amended— in paragraph (1)— by striking Except as provided and inserting: Except as provided ; and by adding at the end the following new subparagraph: For eligible patients receiving treatment through funds awarded under a grant under section 1911, a State shall include in the State plan for the first year beginning after the date of the enactment of this subparagraph and each subsequent year, a de-individualized report, containing information that is open source and de-identified, on the services provided to those individuals, including— outcomes and the overall cost of such treatment provided; and county or county equivalent level data on such patient population, including overall costs and raw number data on rates of involuntary inpatient and outpatient commitment orders, suicides, suicide attempts, substance abuse, overdose deaths, emergency hospitalizations, incarceration, crimes, arrest, victimization, homelessness, joblessness, medication non-adherence, and education and vocational programs drop outs. ; and by adding at the end the following new paragraph: In this subsection, the term eligible patient means an adult mentally ill person who— may have a history of violence, incarceration, or medically unnecessary hospitalizations; without supervision and treatment, may be a danger to self or others in the community; is substantially unlikely to voluntarily participate in treatment; may be unable, for reasons other than indigence, to provide for any of the basic needs of such person, such as food, clothing, shelter, health, or safety; with a history of mental illness or condition that is likely to substantially deteriorate if the person is not provided with timely treatment; due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision; and is likely to improve in mental health and reduce the symptoms of serious mental illness when in treatment. . Section 1912 of the Public Health Service Act ( 42 U.S.C. 300x–1 ) is amended by adding at the end the following new subsections: A funding agreement for a grant under section 1911 is that the State involved has in effect a law under which a State court may order a treatment plan for an eligible patient that— requires such patient to obtain outpatient mental health treatment while the patient is living in a community; and is designed to improve access and adherence by such patient to intensive behavioral health services in order to— avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization. A funding agreement described in paragraph
(1)is effective only if the Assistant Secretary for Mental Health and Substance Use Disorders reviews the State law and certifies that it satisfies the criteria specified in such paragraph. A funding agreement for a grant under section 1911 is that— the State involved has in effect a law under which, if a State court finds by clear and convincing evidence that an individual, as a result of mental illness, is a danger to self, is a danger to others, is persistently or acutely disabled, or is gravely disabled and in need of treatment, and is either unwilling or unable to accept voluntary treatment, the court must order the individual to undergo inpatient or outpatient treatment; or the State involved has in effect a law under which a State court must order an individual with a mental illness to undergo inpatient or outpatient treatment, the law was in effect on the date of enactment of the Helping Families in Mental Health Crisis Act of 2015 , and the Secretary finds that the law requires a State court to order such treatment across all or a sufficient range of the type of circumstances described in subparagraph (A). For purposes of paragraph (1), the term persistently or acutely disabled refers to a serious mental illness that meets all the following criteria: If not treated, the illness has a substantial probability of causing the individual to suffer or continue to suffer severe and abnormal mental, emotional, or physical harm that significantly impairs judgment, reason, behavior, or capacity to recognize reality. The illness substantially impairs the individual’s capacity to make an informed decision regarding treatment, and this impairment causes the individual to be incapable of understanding and expressing an understanding of the advantages and disadvantages of accepting treatment and understanding and expressing an understanding of the alternatives to the particular treatment offered after the advantages, disadvantages, and alternatives are explained to that individual. The illness has a reasonable prospect of being treatable by outpatient, inpatient, or combined inpatient and outpatient treatment. . Section 1918 of the Public Health Service Act ( 42 U.S.C. 300x–7 ) is amended— in subsection (a)(1), by striking subsection
(b)and inserting subsections
(b)and
(d); and by adding at the end the following new subsection: With respect to fiscal year 2016 and each subsequent fiscal year, in the case of a State that has in effect a law described in subsection (e)(1) or subparagraph
(A)or
(B)of subsection (f)(1), the amount of the allotment of a State under section 1911 shall be for such fiscal year the amount that would otherwise be determined, without application of this subsection, for such State for such fiscal year, increased by 2 percent. . Section 1912 of the Public Health Service Act ( 42 U.S.C. 300x–1 ), as amended by paragraph (4), is further amended by adding at the end the following new subsection: Taking into account the results of evaluations under section 201(a)(2)(C) of the Helping Families in Mental Health Crisis Act of 2015, the Assistant Secretary may, by rule, as part of the program of block grants under this subpart, provide for expanded use across the Nation of evidence-based service delivery models by providers funded under such block grants, so long as— the Assistant Secretary for Mental Health and Substance Use Disorders (in this subsection referred to as the Assistant Secretary ) determines that such expansion will— result in more effective use of funds under such block grants without reducing the quality of care; or improve the quality of patient care without significantly increasing spending; the Director of the National Institute of Mental Health determines that such expansion would improve the quality of patient care; and the Assistant Secretary determines that the change will— significantly reduce severity and duration of symptoms of mental illness; reduce rates of suicide, suicide attempts, substance abuse, overdose, emergency hospitalizations, emergency room boarding, incarceration, crime, arrest, victimization, homelessness, or joblessness; or significantly improve the quality of patient care and mental health crisis outcomes without significantly increasing spending. Any rule promulgated pursuant to paragraph
(1)is deemed to be a major rule subject to congressional review and disapproval under chapter 8 of title 5, United States Code. In this subsection, the term emergency room boarding means the practice of admitting patients to an emergency department and holding them in the department until inpatient psychiatric beds become available. . Section 1913 of the Public Health Service Act ( 42 U.S.C. 300x–2 ), as amended, is further amended by adding at the end the following: In implementing a plan submitted under section 1912(a), a State receiving grant funds under section 1911 may make such funds available to providers of services described in subsection
(b)for the provision of services without fiscal year limitation. . Section 1915 of the Public Health Service Act ( 42 U.S.C. 300x–4 ) is amended by adding at the end of the following: A funding agreement for a grant under section 1911 is that the State involved has in effect active programs, including assisted outpatient treatment, to engage persons with serious mental illness who are substantially unlikely to voluntarily seek treatment, in comprehensive services in order to avert relapse, repeated hospitalizations, arrest, incarceration, and suicide to provide the patient with the opportunity to live in the community through evidence-based (as defined in section 2 of the Helping Families in Mental Health Crisis Act of 2015 ) assertive outreach and engagement services targeting individuals that are homeless, have co-occurring disorders, or have a history of treatment failure. The Assistant Secretary for Mental Health and Substance Use Disorders shall work with the Director of the National Institute of Mental Health to develop a list of such evidence-based (as defined in section 2 of the Helping Families in Mental Health Crisis Act of 2015 ) assertive outreach and engagement services, as well as criteria to be used to assess the scope and effectiveness of such approaches. These programs may include assistant outpatient treatment programs under State law where State courts may order a treatment plan for an eligible patient that requires— such patient to obtain outpatient mental health treatment while the patient is living in the community; and a design to improve access and adherence by such patient to intensive mental health services. .
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U.S. Code
8 references not yet in our index
- 42 USC 300x–9
- 42 USC 300x–1(b)(1)
- 42 USC 300x–1(b)(2)
- 42 USC 300x–1(d)
- 42 USC 300x–1
- 42 USC 300x–7
- 42 USC 300x–2
- 42 USC 300x–4
Citation graph
cites case law
Sec. 206
Block grants
Cite42 USC 300x–9
Cite42 USC 300x–1(b)(1)
Cite42 USC 300x–1(b)(2)
Cite42 USC 300x–1(d)
Cite42 USC 300x–1
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