Sec. 201. Behavioral health and substance use disorder services for Native Americans
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Section 506A of the Public Health Service Act ( 42 U.S.C. 290aa–5a ) is amended to read as follows: In this section: The term eligible entity means an Indian Tribe, a Tribal organization, an Urban Indian organization, and a Native Hawaiian health organization. The terms Indian Tribe , Tribal organization , and Urban Indian organization have the meanings given to the terms Indian tribe , tribal organization , and Urban Indian organization in section 4 of the Indian Health Care Improvement Act.
The term Native Hawaiian health organization means Papa Ola Lokahi as defined in section 12 of the Native Hawaiian Health Care Improvement Act. The Secretary, in consultation with the Director of the Indian Health Service, as appropriate, shall award funds to eligible entities, in amounts determined pursuant to the formula described in paragraph (2), to be used by the eligible entity to provide culturally appropriate mental health and substance use disorder prevention, treatment, and recovery services to American Indians, Alaska Natives, and Native Hawaiians.
The Secretary, using the process described in subsection (d), shall develop a formula to determine the amount of an award under paragraph (1). Such formula shall take into account the populations of eligible entities whose rates of overdose deaths or suicide are substantially higher relative to the populations of other Indian Tribes, Tribal organizations, Urban Indian organizations, or Native Hawaiian health organizations, as applicable. The Secretary shall— provide technical assistance to applicants and awardees under this section; and collect and evaluate information on the program carried out under this section.
The Secretary shall, using the process described in subsection (d), develop evaluation measures and data submission and reporting requirements for purposes of the collection and evaluation of information. As a condition on receipt of funds under this section, an applicant shall agree to submit data and reports in a timely manner consistent with the evaluation measures and data submission and reporting requirements developed under subsection (d). Not later than 180 days after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022 , the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5, United States Code, to negotiate and promulgate such regulations as are necessary to carry out this section, including development of the funding formula described in subsection
(b)and the program evaluation and reporting requirements under subsection (c). Not later than 18 months after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022 , the Secretary shall publish in the Federal Register proposed regulations to implement this section. A negotiated rulemaking committee established pursuant to section 565 of title 5, United States Code, to carry out this subsection shall have as its members only representatives of the Federal Government, Tribal Governments, and Urban Indian organizations. For purposes of such rulemaking, the Indian Health Service shall be the lead agency for the Department. In carrying out this subsection, the Secretary shall adapt any negotiated rulemaking procedures to the unique context of the government-to-government relationship between the United States and Indian Tribes. The lack of promulgated regulations under this subsection shall not limit the effect or implementation of this section. An entity desiring an award under subsection
(b)shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. Not later than 3 years after the date of the enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022 , and annually thereafter, the Secretary shall prepare and submit, to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report describing the services provided pursuant to this section. There are authorized to be appropriated to carry out this section, $40,000,000 for each of fiscal years 2023 through 2027. .
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- 42 USC 290aa–5a
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Sec. 201
Behavioral health and substance use disorder services for Native Americans
Cite42 USC 290aa–5a
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