Sec. 1949.11. PLANS FOR PERFORMANCE PARTNERSHIPS

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## SEC. 1949.11 PLANS FOR PERFORMANCE PARTNERSHIPS **[**300x–59**]** 11Section 1949 appears according to the probable intent of the Congress. Section 3403(a) of Public Law 106–310 (114 Stat. 1219) provides that the section “is amended as follows:”. No amendatory instructions were then given, but a substitute text was provided. The amendment probably should have instructed that section 1949 “is amended to read as follows:”. ###

(a)Development The Secretary in conjunction with States and other interested groups shall develop separate plans for the programs authorized under subparts I and II for creating more flexibility for States and accountability based on outcome and other performance measures. The plans shall each include— ####

(1)a description of the flexibility that would be given to the States under the plan; ####

(2)the common set of performance measures that would be used for accountability, including measures that would be used for the program under subpart II for pregnant addicts, HIV transmission, tuberculosis, and those with a co-occurring substance use disorders and mental disorders, and for programs under subpart I for children with serious emotional disturbance and adults with serious mental illness and for individuals with co-occurring mental health and substance use disorders disorders; ####

(3)the definitions for the data elements to be used under the plan; ####

(4)the obstacles to implementation of the plan and the manner in which such obstacles would be resolved; ####

(5)the resources needed to implement the performance partnerships under the plan; and ####

(6)an implementation strategy complete with recommendations for any necessary legislation. ###

(b)Submission Not later than 2 years after the date of the enactment of this Act12, the plans developed under subsection

(a)shall be submitted to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Commerce of the House of Representatives. 12The probable intent of the Congress was that the reference to “this Act” be a reference to the Children's Health Act of 2000 (Public Law 106–310), which provided a substitute text for section 1949 (see footnote 1), including subsection

(b)above. That Act was enacted October 17, 2000. (A reference to “this Act” is a reference to the Public Health Service Act, which was enacted July 1, 1944.) ###

(c)Information As the elements of the plans described in subsection

(a)are developed, States are encouraged to provide information to the Secretary on a voluntary basis. ###

(d)Participants The Secretary shall include among those interested groups that participate in the development of the plan consumers of mental health or substance use disorders services, providers, representatives of political divisions of States, and representatives of racial and ethnic groups including Native Americans.

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Pub. L. 106-310
114 Stat. 1219

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Sec. 1949.11

PLANS FOR PERFORMANCE PARTNERSHIPS

Pub. L.Pub. L. 106-310

Stat.114 Stat. 1219

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