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Code · BILL · 119th Congress · S. 3402 (Introduced in Senate) — To amend titles XVIII and XIX of the Social Security Act and the Public Health Service Act to improve the certified c... · Sec. 301

Sec. 301. Community behavioral health clinics

1,618 words·~7 min read·/bill/119/s/3402/is/section-301·

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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: In this subpart: The term certified community behavioral health clinic has the meaning given the term in section 1905(jj)(2) of the Social Security Act. The term certified community behavioral health services has the meaning given the 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) the full array of certified community behavioral health services.
To be eligible to receive a grant under subsection (a), an entity shall be— a certified community behavioral health clinic; or a community behavioral health clinic that— indicates in the grant application that— it will use the grant funds to meet such criteria required to be a certified community behavioral health clinic; and agrees to seek accreditation under section 340J–4(a), as the Secretary may require; and demonstrates how it can ensure access to care for all individuals in the community through referral or other formal arrangements with other providers of services, in the case of an entity that specializes in services to children or youth or to veterans.
A community behavioral health clinic that receives a grant under subsection (a)— shall use the grant funds— to provide the services described in subsection (a); and in the case of a community behavioral health clinic described in subsection (b)(2), to attain certification and accreditation as described in subsection (b)(2)(A); and may use the grant funds— to carry out other activities that— reduce costs associated with the provision of certified community behavioral health services; improve access to, and availability of, certified community behavioral health services provided to individuals served by the community behavioral health clinic; enhance the quality and coordination of certified community behavioral health services; or 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 identified by the Secretary; and 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.
Nongrant funds described in subsection (g)(1)(B), including any such funds in excess of those originally expected, 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 project. Grants awarded under subsection
(a)shall be for a period of not more than 5 years. The Secretary shall not make a grant to an applicant under subsection
(a)unless the applicant provides assurances to the Secretary that within 120 days of receiving grant funding for the operation of the clinic, the applicant will submit for approval by the Secretary an implementation plan that describes how the applicant will— provide the services described in subsection (a); and in the case of a community behavioral health clinic described in subsection (b)(2), attain certification and accreditation as described in subsection (b)(2)(A). Subject to paragraph (2), the amount of a grant made in any fiscal year to a community behavioral health clinic under subsection
(a)shall be determined by the Secretary based on information provided by the community behavioral health clinic, but may not exceed an amount equal to the difference between— the costs of operating the clinic to meet the purposes and requirements of the grant program under this section during such fiscal year; and the sum obtained by adding— the total State, local, and other operational funding provided to the clinic for such fiscal year; and the fees, premiums, and third-party reimbursements that the clinic reasonably expects to receive for its operations in such fiscal year. In determining the costs described in paragraph (1)(A) with respect to a community behavioral health clinic, the Secretary may estimate, based on an estimate of anticipated costs provided by the applicable community behavioral health clinic, the anticipated costs of such clinic in— providing the services described in subsection (a), including the anticipated costs of providing any individual certified community behavioral health service that the applicant entity does not have experience providing at the time of submitting an application for such grant; and if applicable, attain certification and accreditation as described in subsection (b)(2)(A). The Secretary may— disperse funds awarded under subsection (a)— in advance or through reimbursement; and in installments; make adjustments to such disbursements to account for overpayments or underpayments. Regardless of whether the Secretary elects to use accreditation under section 340J–4(a) as a condition for award of an operating grant as described in subsection (b)(2)(A)(ii), the Secretary may take such accreditation into account in determining if an entity receiving a grant under this section is providing the services described in subsection
(a)and, if applicable, meeting the criteria for certification described in subsection (b)(2)(A)(i). 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 clinics that focus on distinct populations, such as children or youth and veterans, may meet any relevant requirement to furnish appropriate treatment to individuals across the lifespan. Such guidance shall not affect clinics’ qualification to participate in the demonstration program under section 223(a)(1) of the Protecting Access to Medicare Act of 2014 or to furnish the services described in section 1905(a)(31) of the Social Security Act. . Not later than 180 days after the date of enactment of this section, the Secretary shall establish a program or programs through which the Secretary shall provide (directly or by grant or contract) technical assistance and other assistance to any of the following: Entities that receive a grant under section 340J–1. Entities participating in a Medicaid demonstration program under section 223(d) of the Protecting Access to Medicare Act. Certified community behavioral health clinics furnishing services under title XVIII or title XIX of the Social Security Act. Health or social service provider organizations pursuing or considering seeking status as a certified community behavioral health clinic or partnering with certified community behavioral health clinics. Other stakeholders, including demonstration planning grant recipients and State Medicaid or behavioral health officials, for the purpose of facilitating 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— fiscal and program management assistance; operational and administrative support; and information about the variety of resources available under this part and how such resources best can be 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 this part, the Secretary shall establish a system under which the Secretary collects and analyzes 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 organizations that provide certified community behavioral health services, or have applied to provide such services, under the Medicare program under title XVIII of the Social Security Act or the Medicaid program under 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 may be accredited as a certified community behavioral health clinic if the clinic— meets the standards of an approved accreditation body; 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— using inspectors qualified to evaluate quality of care in a behavioral health service setting, the accreditation body agrees to inspect the clinic with such frequency as is determined by the Secretary; the standards applied by the body in determining whether or not to accredit a clinic correspond to such criteria as are described in section 340J–1(b)(2), pursuant to the determination of the Secretary, and are not less restrictive than such criteria; there is adequate provision for assuring that the standards of the accreditation body continue to be met by the clinic; in the case of any clinic accredited, within the prior 3 years, by the body which has had its accreditation denied, suspended, withdrawn, or revoked or which has had any other action taken against it by the accrediting body, the accrediting body agrees to submit to the Secretary the name of such clinic within 30 days of the action taken; and if the accreditation body has its approval withdrawn by the Secretary, the body agrees to notify each clinic accredited by the body of the withdrawal within 10 days of the withdrawal. .
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Sec. 301
Community behavioral health clinics
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