Sec. 301. Operating grants, technical assistance, data infrastructure, and accreditation for community behavioral health clinics
2,069 words·~9 min read·
/bill/119/hr/8487/ih/section-301·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by adding at the end the following new subpart: In this subpart: The term certified community behavioral health clinic has the meaning given such term in section 1905(jj)(2) of the Social Security Act. The term certified community behavioral health clinic services has the meaning given such term in section 1905(jj)(1) of the Social Security Act. The Secretary shall establish a grant program under which the Secretary shall award grants to eligible community behavioral health clinics to provide (in a manner reflecting person-centered care) certified community behavioral health clinic services that are required CCBHC services (as defined in section 1905(jj)(1)(B) of the Social Security Act).
An entity is eligible to receive a grant under subsection
(a)if such entity is— a certified community behavioral health clinic; or a community behavioral health clinic that indicates in the grant application that the clinic will use the grant funds to meet the criteria established by the Secretary under section 223(a) of the Protecting Access to Medicare Act of 2014 as of March 2023, and any subsequent updates to such criteria. In selecting eligible entities to receive a grant under subsection (a), the Secretary— may elect to impose as a condition for the receipt of a grant under this section that the entity be accredited, per section 340J–4(a); may award a grant to an entity described in paragraph (1)(B) that specializes in providing services to children, youth, or veterans, if such entity demonstrates to the satisfaction of the Secretary that the entity can ensure access to care for all individuals in the relevant community served by the entity through referral or other formal arrangements with other providers of services; and may establish additional conditions for the receipt of a grant under this section to— ensure improved geographic distribution of community behavioral health clinics; prioritize the awarding of grants to eligible entities that serve communities with elevated behavioral health needs; prioritize eligible entities that are prepared to offer all required CCBHC services (as defined in section 1905(jj)(1)(B) of the Social Security Act); and ensure consistency in planning with State CCBHC programs. An eligible entity that receives a grant under subsection (a)— shall use the grant funds— to provide certified community behavioral health clinic services; and in the case of an entity described in subparagraph
(B)of subsection (b)(1), to meet the criteria described in such subparagraph; and may use the grant funds— to carry out other activities that— reduce costs associated with the provision of certified community behavioral health clinic services; improve access to, and availability of, certified community behavioral health clinic services provided to individuals in the relevant community served by the community behavioral health clinic; enhance the quality and coordination of certified community behavioral health clinic services; or otherwise improve the health status of communities; and to pay for— the costs of acquiring and leasing buildings and equipment (including the costs of amortizing the principal of, and paying interest on, loans); costs relating to the purchase or lease of equipment, including data and information systems and behavioral health information technology to facilitate data reporting and other purposes; the costs of in-service staff training and other operational or infrastructure costs as the Secretary determines appropriate; or costs associated with expanding and modernizing existing buildings or constructing new buildings (including the costs of amortizing the principal of, and paying the interest on, loans), if such costs are specifically allowed for in the grant opportunity published by the Secretary. Amounts described in subsection (g)(1)(B), including any such funds in excess of those estimated under such subsection, shall be used as permitted under this section, and may be used for such other purposes as are not specifically prohibited under this section if such use furthers the objectives of the grant. Grants awarded under subsection
(a)shall be for a period of not more than 5 years. The Secretary may not award a grant to an eligible entity under subsection
(a)unless the entity provides assurances to the Secretary that, not later than 120 days after receiving notice that the entity has been selected under subsection (b)(2) to receive a grant, the entity will submit to the Secretary for approval an implementation plan that describes how the entity will— provide certified community behavioral health clinic services; and in the case of an entity described in subparagraph
(B)of subsection (b)(1), to meet the criteria described in such subparagraph. Subject to paragraph (2), in determining the amount of a grant made in any fiscal year to an eligible entity under subsection (a), the Secretary shall take into account information provided by the entity with respect to the following: The total State, local, and other operational funding provided to the entity for such fiscal year. The fees, premiums, and third-party reimbursements that the entity reasonably expects to receive for items and services furnished during such fiscal year. The costs to the entity of meeting the purposes and requirements of the grant program under this section during such fiscal year, as estimated by the Secretary based upon the anticipated costs to the entity of— providing certified community behavioral health clinic services, including the anticipated costs of providing any individual certified community behavioral health service that the entity does not have experience providing at the time of submitting an application for such grant; and in the case of an entity described in subparagraph
(B)of subsection (b)(1), meeting the criteria described in such subparagraph. The Secretary may award grants under subsection
(a)in such form and manner as the Secretary determines appropriate (including by making grant amounts available in advance or through reimbursement, and including by making such amounts available in installments), and may adjust grant amounts to account for overpayments or underpayments. Regardless of whether the Secretary elects under subsection
(b)to use accreditation under section 340J–4(a) as a condition for the award of a grant under subsection (a), the Secretary may take such accreditation into account in determining whether an entity receiving such a grant is providing the services described in subsection
(a)and, if applicable, meeting such criteria as are described in subsection (b)(2). There is authorized to be appropriated to carry out this section $552,500,000 for each of fiscal years 2026 through 2030. The amount made available under paragraph
(1)shall supplement (and not supplant) any other Federal funding made available for certified community behavioral health clinics. Not later than 1 year after the date of enactment of this section, the Secretary shall publish guidance clarifying how certified community behavioral health clinics that focus on distinct populations, such as children, youth, or veterans, may meet any relevant requirement to furnish appropriate treatment to all individuals. Such guidance shall not affect such clinics’ qualification to participate in the demonstration program under section 223(d) of the Protecting Access to Medicare Act of 2014 or to furnish the services described under section 1905(a)(31) of the Social Security Act. Not later than 180 days after the date of enactment of the Ensuring Excellence in Mental Health Act, the Secretary shall establish a program or programs through which the Secretary shall provide (either through the Department of Health and Human Services or by grant or contract) technical assistance, and such other assistance as the Secretary determines appropriate, to any of the following: Entities receiving a grant under section 340J–1. Entities participating in a demonstration program under section 223(d) of the Protecting Access to Medicare Act of 2014. Certified community behavioral health clinics (as defined in sections 1861(aa)(8) and 1905(jj)(2) of the Social Security Act) furnishing services under title XVIII or title XIX of such Act. Health or social service provider organizations pursuing or considering certified community behavioral health clinic status or partnering with certified community behavioral health clinics. States and territories, for the purpose of assisting in the consideration of demonstration programs carried out under section 223(d) of the Protecting Access to Medicare Act of 2014, the planning and development of new State certified community behavioral health clinic programs, or the ongoing implementation and improvement of established State certified community behavioral health clinic programs. Other stakeholders, for the purpose of facilitating the successful implementation of the certified community behavioral health clinic model. Assistance provided by the Secretary under subsection
(a)may include technical and nonfinancial assistance, including, but not limited to— fiscal and program management assistance; operational and administrative support; and the provision of information to the entities about the variety of resources available under this part and how those resources can be best used to meet the health and behavioral health needs of the communities served by the entities. There is authorized to be appropriated to carry out this section $8,000,000 for each of fiscal years 2026 through 2030. Not later than 180 days after the date of enactment of the Ensuring Excellence in Mental Health Act, the Secretary shall establish a system under which the Secretary shall collect and analyze data on community behavioral health clinics. The system established under subsection
(a)shall be used by the Secretary to collect and analyze data from— entities that receive a grant under section 340J–1; and certified community behavioral health clinics (as defined in sections 1861(aa)(8) and 1905(jj)(2) of the Social Security Act) furnishing services under title XVIII or title XIX of such Act. There is authorized to be appropriated to carry out this section $51,000,000 for each of fiscal years 2026 through 2030. A clinic is accredited as a certified community behavioral health clinic under this section if the clinic— is accredited by an accreditation body approved by the Secretary under subsection (b); and authorizes the accreditation body to submit to the Secretary (or such agency as the Secretary may designate) such records or other information as the Secretary may require. The Secretary may approve a private nonprofit organization to be an accreditation body for the accreditation of certified community behavioral health clinics under subsection
(a)if— the accreditation body agrees to inspect the clinic, using inspectors qualified to evaluate quality of care in a behavioral health service setting, with such frequency the Secretary determines appropriate; the Secretary determines that the standards applied by the accreditation body in determining whether or not to accredit a clinic correspond to (and are not less restrictive than) the criteria described in section 340J–1(b)(1)(B); the accreditation body has made adequate assurances that the standards of the accreditation body continue to be met by each clinic that it accredited; the accreditation body agrees that, for the 3-year period following accreditation of a clinic, in the case that the accreditation body suspends, withdraws, or revokes such accreditation, denies an application to renew such accreditation, or takes any other disciplinary action with respect to such clinic, the accreditation body shall submit to the Secretary the name of such clinic not later than 30 days after such action is taken; the accreditation body agrees that, in the case that its approval is withdrawn by the Secretary, the body will notify each clinic accredited by the body of the withdrawal within 10 days of the withdrawal; and the accreditation body complies with such other requirements as the Secretary determines appropriate. The Secretary may provide ongoing oversight of accrediting bodies approved under subsection (b). Such ongoing oversight may include the following actions: Providing continual oversight and review of approved accreditation processes through regular communication with such bodies. Providing additional review of individual certified community behavioral health clinic accreditations to assure alignment with the criteria established by the Secretary under section 223(a) of the Protecting Access to Medicare Act of 2014 and, in cases where potential issues are identified with individual certified community behavioral health clinic accreditations, to provide review of such issues. Mediating disputes between providers seeking certified community behavioral health clinic accreditation and approved accreditation bodies. Providing ongoing support and coordination across approved accreditation bodies. In cases where an approved accreditation body is found to not provide accreditation in alignment with the criteria established by the Secretary under section 223(a) of the Protecting Access to Medicare Act of 2014, developing a process to terminate the approval provided under subsection
(b)with respect to such body. Periodically reviewing accreditation body processes and renewing the approval provided under subsection
(b)with respect to such bodies. Such other activities as the Secretary determines necessary for the oversight of accreditation bodies approved under subsection (b). .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 301
Operating grants, technical assistance, data infrastructure, and accreditation for community behavioral health clinics
Cites 1Cited by 0 across 0 sources