Sec. 206. Drug treatment for juveniles
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Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— in subsection (a)— by striking and at the end of paragraph (80); by striking the period at the end of paragraph
(81)and inserting ; and ; and by inserting after paragraph
(81)the following new paragraph: provide that the State shall enter into arrangements with State and, as applicable, tribal, juvenile justice agencies to ensure that— the intake process for any individual who is under 18 years of age, without regard to whether the individual is eligible for medical assistance under the State plan or under a waiver of the plan, includes, prior to any judicial determination being made with respect to the individual, a comprehensive mental health assessment of the individual; the comprehensive mental health assessment of the individual is presented and considered during any hearing at a which a judicial determination is made with respect to the individual; not later than 5 days after such assessment, the individual is referred for community mental health and other therapeutic services (as defined in subsection (ll)(1)(B)) on the basis of the assessment; and if the individual is an eligible juvenile (as defined in subsection (ll)(1)(A)) the individual is provided with such community mental health and other therapeutic services without regard to whether the individual is, or may be, an inmate of a public institution (as defined in subsection (ll)(1)(C)) and without regard to whether such services are otherwise furnished as medical assistance under the State plan. ; and by adding at the end the following new subsection: For purposes of this subsection and subsection (a)(82): The term eligible juvenile means an individual who is under 18 years of age and who is enrolled for medical assistance under the State plan or who becomes eligible to enroll for such medical assistance while an inmate of a public institution. The term community mental health and other therapeutic services means any or all of the following: Therapeutic behavioral services. Intensive home-based mental health services. Therapeutic foster care. Intensive care coordination. Such services as the Secretary may specify, that would enable an eligible juvenile who is an inmate of a public institution to be released from the institution upon an order for a non-secure or community placement. Such services, as the Secretary may specify, that may prevent an eligible juvenile from becoming an inmate of a public institution. The term inmate of a public institution has the meaning given such term for purposes of applying the subdivision
(A)following paragraph
(29)of section 1905(a), taking into account the exception in such subdivision for a patient of a medical institution. Notwithstanding any other provision of this title— the cost of providing individuals with a comprehensive mental health assessment and of providing eligible juveniles with community mental health and other therapeutic services in accordance with subsection (a)(82) shall be treated as medical assistance for purposes of section 1903; and with respect to the cost of providing individuals with such a comprehensive mental health assessment— the State shall make payment for such cost in accordance with the usual payment schedule under the State plan for such cost without regard to any third-party liability for payment for such cost, if, in any case where third-party liability is derived through insurance or otherwise, payment has not been made by any such third party within 90 days after the date the provider of such cost has initially submitted a claim to such third party for payment for such cost, except that the State may make such payment within 30 days after such date if the State determines doing so is cost-effective and necessary to ensure access to care; and the State shall seek reimbursement from such third party in accordance with subsection (a)(25)(B). . Except as provided in subparagraph (B), the amendments made by paragraph
(1)shall be effective on the date of enactment of this subtitle. In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by paragraph (1), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this subtitle. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. Not later than 1 year after the date of enactment of this subtitle, the Comptroller General of the United States shall conduct a study, and submit a report to the Attorney General and the Administrator of the Substance Abuse and Mental Health Services Administration, to identify evidence-based intervention strategies that divert juveniles from incarceration to community behavioral health assessment and treatment, including drug courts, teen courts, family-based dual diagnosis treatment for juveniles, and early intervention programs. Based on the report submitted under paragraph (1), the Attorney General, in coordination with the Administrator of the Substance Abuse and Mental Health Services Administration, shall establish a coordinated grant program to award grants to States, territories, and Native American tribes, to enable such States, territories, and tribes to implement diversion programs of the type identified in such report, and provide for the use of reimbursable medically necessary services to prevent the incarceration of youth in public institutions, particularly youth with behavioral health problems. There is authorized to be appropriated, such sums as may be necessary to carry out this subsection. There are authorized to be appropriated to carry out part W of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796ii et seq. ), such sums as may be necessary for each of fiscal years 2015 through 2019. There are authorized to be appropriated to carry out part V of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797u et seq. ), such sums as may be necessary for each of fiscal years 2015 through 2019. Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633(a) ) is amended— in paragraph (27), by striking and at the end; in paragraph (28), by striking the period and inserting ; and ; and by adding at the end the following: address juvenile detention prevention efforts by providing assurances of the adequacy of the provision of mental health services that are geographically convenient and appropriate to meet the need of youth referred for mental health assessment services prior to adjudication. . Section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5671 ) is amended by adding at the end the following: In addition to amounts otherwise made available, there are authorized to be appropriated to carry out part B, and authorized to remain available until expended, such sums as may be necessary for each of fiscal years 2015 through 2019. . Section 204(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5614(b) ) is amended— in paragraph (6), by striking and at the end; in paragraph (7), by striking the period and inserting ; and ; and by adding at the end the following: identify best practices relating to community-based alternatives to incarceration and provide technical assistance to States, localities and Indian tribes to create or expand such community-based alternatives. .
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Sec. 206
Drug treatment for juveniles
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