Sec. 207. Workforce development
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The Assistant Secretary of Mental Health and Substance Use Disorders (in this subsection referred to as the Assistant Secretary ) shall establish a grant program (in this subsection referred to as the grant program ) under which the Assistant Secretary shall award to 10 eligible States (as described in paragraph (5)) grants for carrying out all of the purposes described in paragraphs (2), (3), and (4). For purposes of paragraph (1), the purpose described in this paragraph, with respect to a grant awarded to a State under the grant program, is for the State to establish a training program to train primary care physicians in— valid and reliable behavioral-health screening tools for violence and suicide risk, early signs of serious mental illness, and untreated substance abuse, including any standardized behavioral-health screening tools that are determined appropriate by the Assistant Secretary; implementing the use of behavioral-health screening tools in their practices; establishment of recommended intervention and treatment protocols for individuals in mental health crisis, especially for individuals whose illness makes them less receptive to mental health services; and implementing the evidence-based collaborative care model of integrated medical-behavioral health care in their practices.
For purposes of paragraph (1), the purpose described in this paragraph, with respect to a grant awarded to a State under the grant program, is for the State to provide, in accordance with this paragraph, in the case of a primary care physician who participates in the training program of the State establish pursuant to paragraph (2), payments to the primary care physician for services furnished by the primary care physician. The Assistant Secretary, in determining the structure, quality, and form of payment under subparagraph
(A)shall seek to find innovative payment systems which may take into account— the nature and quality of services rendered; the patients’ health outcome; the geographical location where services were provided; the acuteness of the patient’s medical condition; the duration of services provided; the feasibility of replicating the payment model in other locations nationwide; and proper triage and enduring linkage to appropriate treatment provider for subspecialty care in child or forensic issues; family crisis intervention; drug or alcohol rehabilitation; management of suicidal or violent behavior risk, and treatment for serious mental illness. For purposes of paragraph (1), the purpose described in this paragraph, with respect to a grant awarded to a State under the grant program, is for the State to provide, in the case of an individual furnished items and services by a primary care physician during an office visit, for payment for a consultation provided by a psychiatrist or psychologist to such physician with respect to such individual through the use of qualified telehealth technology for the identification, diagnosis, mitigation, or treatment of a mental health disorder if such consultation occurs not later than the first business day that follows such visit. For purposes of subparagraph (A), the term qualified telehealth technology , with respect to the provision of items and services to a patient by a health care provider, includes the use of interactive audio, audio-only telephone conversation, video, or other telecommunications technology by a health care provider to deliver health care services within the scope of the provider’s practice at a site other than the site where the patient is located, including the use of electronic media for consultation relating to the health care diagnosis or treatment of the patient. For purposes of this subsection, an eligible State is a State that has submitted to the Assistant Secretary an application under subparagraph
(B)and has been selected under subparagraph (D). A State seeking to participate in the grant program under this subsection shall submit to the Assistant Secretary, at such time and in such format as the Assistant Secretary requires, an application that includes such information, provisions, and assurances as the Assistant Secretary may require. The Assistant Secretary may not make a grant under the grant program unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purposes described in this subsection, to make available non-Federal contributions (in cash or in kind) toward such costs in an amount equal to not less than 20 percent of Federal funds provided in the grant. A State shall be determined eligible for the grant program by the Assistant Secretary on a competitive basis among States with applications meeting the requirements of subparagraphs
(B)and (C). In selecting State applications for the grant program, the Secretary shall seek to achieve an appropriate national balance in the geographic distribution of grants awarded under the grant program. In seeking a grant under this subsection, a State shall demonstrate how the grant will improve care for individuals with co-occurring behavioral health and physical health conditions, vulnerable populations, socially isolated populations, rural populations, and other populations who have limited access to qualified mental health providers. The grant program under this subsection shall be conducted for a period of 3 consecutive years. Subject to Federal privacy protections with respect to individually identifiable information, the Assistant Secretary shall make the findings and conclusions resulting from the grant program under this subsection available to the public. Out of any funds in the Treasury not otherwise appropriated, there is authorized to be appropriated to carry out this subsection, $3,000,000 for each of the fiscal years 2016 through 2020. For each fiscal year that grants are awarded under this subsection, the Assistant Secretary and the National Mental Health Policy Laboratory shall conduct a study on the results of the grants and submit to the Congress a report on such results that includes the following: An evaluation of the grant program outcomes, including a summary of activities carried out with the grant and the results achieved through those activities. Recommendations on how to improve access to mental health services at grantee locations. An assessment of access to mental health services under the program. An assessment of the impact of the demonstration project on the costs of the full range of mental health services (including inpatient, emergency and ambulatory care). Recommendations on congressional action to improve the grant. Recommendations to improve training of primary care physicians. Not later than December 31, 2018, the Assistant Secretary and the National Mental Health Policy Laboratory shall submit to Congress and make available to the public a report on the findings of the evaluation under subparagraph
(A)and also a policy outline on how Congress can expand the grant program to the national level. Section 224 of the Public Health Service Act ( 42 U.S.C. 233 ) is amended by adding at the end the following: In this subsection, the term federally qualified community behavioral health clinic means— a federally qualified community behavioral health clinic with a certification in effect under section 223 of the Protecting Access to Medicare Act of 2014; or a community mental health center meeting the criteria specified in section 1913(c) of this Act. For purposes of this section, a health care professional volunteer at an entity described in subsection (g)(4) or a federally qualified community behavioral health clinic shall, in providing health care services eligible for funding under section 330 or subpart I of part B of title XIX to an individual, be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under paragraph (5)(C). The preceding sentence is subject to the provisions of this subsection. In providing a health care service to an individual, a health care professional shall for purposes of this subsection be considered to be a health professional volunteer at an entity described in subsection (g)(4) or at a federally qualified community behavioral health clinic if the following conditions are met: The service is provided to the individual at the facilities of an entity described in subsection (g)(4), at a federally qualified community behavioral health clinic, or through offsite programs or events carried out by the center. The center or entity is sponsoring the health care professional volunteer pursuant to paragraph (4)(B). The health care professional does not receive any compensation for the service from the individual or from any third-party payer (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program), except that the health care professional may receive repayment from the entity described in subsection (g)(4) or the center for reasonable expenses incurred by the health care professional in the provision of the service to the individual. Before the service is provided, the health care professional or the center or entity described in subsection (g)(4) posts a clear and conspicuous notice at the site where the service is provided of the extent to which the legal liability of the health care professional is limited pursuant to this subsection. At the time the service is provided, the health care professional is licensed or certified in accordance with applicable law regarding the provision of the service. Subsection
(g)(other than paragraphs
(3)and (5)) and subsections (h), (i), and
(l)apply to a health care professional for purposes of this subsection to the same extent and in the same manner as such subsections apply to an officer, governing board member, employee, or contractor of an entity described in subsection (g)(4), subject to paragraph
(5)and subject to the following: The first sentence of paragraph
(2)applies in lieu of the first sentence of subsection (g)(1)(A). With respect to an entity described in subsection (g)(4) or a federally qualified community behavioral health clinic, a health care professional is not a health professional volunteer at such center unless the center sponsors the health care professional. For purposes of this subsection, the center shall be considered to be sponsoring the health care professional if— with respect to the health care professional, the center submits to the Secretary an application meeting the requirements of subsection (g)(1)(D); and the Secretary, pursuant to subsection (g)(1)(E), determines that the health care professional is deemed to be an employee of the Public Health Service. In the case of a health care professional who is determined by the Secretary pursuant to subsection (g)(1)(E) to be a health professional volunteer at such center, this subsection applies to the health care professional (with respect to services described in paragraph (2)) for any cause of action arising from an act or omission of the health care professional occurring on or after the date on which the Secretary makes such determination. Subsection (g)(1)(F) applies to a health professional volunteer for purposes of this subsection only to the extent that, in providing health services to an individual, each of the conditions specified in paragraph
(3)is met. Amounts in the fund established under subsection (k)(2) shall be available for transfer under subparagraph
(C)for purposes of carrying out this subsection for health professional volunteers at entities described in subsection (g)(4). Not later than May 1 of each fiscal year, the Attorney General, in consultation with the Secretary, shall submit to the Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the acts or omissions of health care professional volunteers, will be paid pursuant to this subsection during the calendar year that begins in the following fiscal year. Subsection (k)(1)(B) applies to the estimate under the preceding sentence regarding health care professional volunteers to the same extent and in the same manner as such subsection applies to the estimate under such subsection regarding officers, governing board members, employees, and contractors of entities described in subsection (g)(4). Not later than December 31 of each fiscal year, the Secretary shall transfer from the fund under subsection (k)(2) to the appropriate accounts in the Treasury an amount equal to the estimate made under subparagraph
(B)for the calendar year beginning in such fiscal year, subject to the extent of amounts in the fund. This subsection takes effect on October 1, 2017, except as provided in subparagraph (B). Effective on the date of the enactment of this subsection— the Secretary may issue regulations for carrying out this subsection, and the Secretary may accept and consider applications submitted pursuant to paragraph (4)(B); and reports under paragraph (5)(B) may be submitted to the Congress. . Title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ), as amended, is further amended by adding at the end the following: The Secretary shall maintain a program, to be known as the Minority Fellowship Program, under which the Secretary awards fellowships, which may include stipends, for the purposes of— increasing behavioral health practitioners’ knowledge of issues related to prevention, treatment, and recovery support for mental and substance use disorders among racial and ethnic minority populations; improving the quality of mental and substance use disorder prevention and treatment delivered to ethnic minorities; and increasing the number of culturally competent behavioral health professionals who teach, administer, conduct services research, and provide direct mental health or substance use services to underserved minority populations. The fellowships under subsection
(a)shall be for postbaccalaureate training (including for master’s and doctoral degrees) for mental health professionals, including in the fields of psychiatry, nursing, social work, psychology, marriage and family therapy, and substance use and addiction counseling. To carry out this section, there are authorized to be appropriated $6,000,000 for each of fiscal years 2016 through 2020. . Section 331(a)(3)(D) of the Public Health Service Act ( 42 U.S.C. 254d(a)(3) ) is amended by inserting (including pediatric mental health subspecialty services) after pediatrics . Clause
(i)of section 331(a)(3)(E)(i) of the Public Health Service Act ( 42 U.S.C. 254d(a)(3)(E)(i) ) is amended by inserting (and pediatric subspecialists thereof) before the period at the end. Section 332(a)(1) of the Public Health Service Act is amended by inserting (including children and adolescents) after population group . Section 332(a)(2)(A) of the Public Health Service Act is amended by inserting medical residency or fellowship training site for training in child and adolescent psychiatry, before facility operated by a city or county health department, . Section 338A(b)(1)(B) of the Public Health Service Act ( 42 U.S.C. 254l–1(b)(1)(B) ) is amended by inserting , including any physician child and adolescent psychiatry residency or fellowship training program after be enrolled in an approved graduate training program in medicine, osteopathic medicine, dentistry, behavioral and mental health, or other health profession . The Assistant Secretary may award grants to provide specialized training to law enforcement officers, corrections officers, paramedics, emergency medical services workers, and other first responders (including village public safety officers (as defined in section 247 of the Indian Arts and Crafts Amendments Act of 2010 ( 42 U.S.C. 3796dd note)))— to recognize individuals who have mental illness and how to properly intervene with individuals with mental illness; and to establish programs that enhance the ability of law enforcement agencies to address the mental health, behavioral, and substance use problems of individuals encountered in the line of duty. Of the amounts made available to carry out sections 501, 509, 516, and 520A of the Public Health Service Act for a fiscal year, 5 percent of such amounts are authorized to be used to carry out this subsection.
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- 42 USC 254l–1(b)(1)(B)
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Sec. 207
Workforce development
Cite42 USC 254l–1(b)(1)(B)
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