2010 samhsa section by section final
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2010 samhsa section by section final 2010 samhsa section by section final Document Transcript

  • “THE SAMHSA MODERNIZATION ACT OF 2010” SECTION-BY-SECTION ANALYSIS OF TITLE V SECTION 1 — SHORT TITLE. Section 1 specifies the title of the legislation as the “SAMHSA Modernization Act of 2010.” SECTION 2 — AMENDMENTS TO TITLE V OF THE PUBLIC HEALTH SERVICE ACT. Section 2 amends Title V of the Public Health Service Act. PART A — ORGANIZATION AND GENERAL AUTHORITIES. SECTION 501 — SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION. This section establishes the Substance Abuse and Mental Health Administration and the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, and the Center for Mental Health Services. It details the duties of the Administrator and Deputy Administrator, specifically to oversee and evaluate a comprehensive approach to providing and improving mental health and substance abuse services, and to coordinate with other agencies where necessary. The section designates three Associate Administrator positions to monitor activities related to alcohol and substance abuse prevention and treatment, services for women and services for older adults. The Associate Administrator for Women is to establish an advisory council. The section requires a biennial report to Congress evaluating the Administration’s programs, data collection, and coordination with other agencies. This section prohibits the consideration of religion or any profession of faith when making employment decisions for an individual assigned to carry out activities under Title V, and activity under the authority of the Administration, the Administrator or the Director of the Center involved, notwithstanding any other provision of Federal law (including any exemption otherwise applicable). The section allows not more than 2.5 percent of the Administration’s appropriations to be used to address emergency mental health or substance abuse needs. The section authorizes $50,000,000 for the first year and such sums through 2015. SECTION 502 — ADVISORY COUNCILS. Section 502 requires the Secretary to appoint an advisory council for the Administration and each of its three Centers in order to advise on SAMHSA’s activities. The composition of the councils is outlined, and includes nine appointed members from among the health disciplines, three appointed members from the general public (including an older adult or their family member), and a liaison from the Women’s Advisory Council. The section lays out terms of office and compensation for council members. SECTION 503 — PEER REVIEW. This section requires that grants, contracts, and cooperative agreements entered into by the Administration shall undergo a peer review process. The peer review group must include qualified members with related training or experience and shall limit the number of federal officers or employees to no more than one quarter, with limited exceptions allowed at the discretion of the Secretary. SECTION 504 — DATA COLLECTION. This section requires not less than annual collection and dissemination of information regarding mental health and substance abuse. For both mental health and substance abuse, data must be collected on a variety of issues including the national incidence and prevalence, the number of individuals receiving treatment and the type of treatment programs available, as well as demographics of the individuals in treatment. State infrastructure grants are authorized under this section to help States develop data collection and reporting systems, with States required to contribute 50 percent of federal funds received. The Secretary is required to work with stakeholders to establish national outcome measures for programs receiving funding under this Act. The section authorizes such sums as may be necessary through 2015. SECTION 505 — SUPPORTIVE SERVICES FOR HOMELESS INDIVIDUALS. This section authorizes grants to community-based public and private non-profit entities for mental health and substance abuse treatment of homeless individuals. The section gives priority for receipt of grants to entities that provide integrated care, show effective treatments for youth, have demonstrated experience in treating and providing housing to homeless individuals, and those who have experience serving homeless veterans. 1 of 16
  • The section also authorizes grants to States, Indian tribes, and public or private non-profit entities to provide services to chronically homeless persons who are in permanent supportive housing. The section gives priority to target these services toward individuals or families who are chronically homeless, have a history of use of public emergency care systems or a history in the criminal justice system. Under this section, the Secretary must give consideration to geographic distribution in awarding grants. Supportive services allowed under this section include: mental health and substance abuse treatment, integrated treatment, health education and referrals, self-sufficiency programming, parental skills, and case-management. The section requires grantees to match federal funding with one dollar for every three federal dollars and to report on their success in helping individuals achieve positive outcomes in housing, employment, and recovery from substance use disorders. The section authorizes $100,000,000 for the first year and such sums through 2015. SECTION 506 — AMERICAN INDIANS AND ALAKSA NATIVES. This section requires the Secretary to provide technical assistance to tribes and tribal organizations wishing to apply for grants under the Act. The section also establishes a Tribal Technical Advisory Group within SAMHSA to advise tribes, States, and the Administration on issues services available to American Indians and Alaska Natives. The section also requires the Secretary to appoint an individual within SAMHSA to serve as a point of contact for and coordinator of SAMHSA’s activities relating to American Indians and Alaska Natives and to work with the Tribal Technical Advisory Group and the Indian Health Service. Section 506 authorizes grants to American Indiana and Alaskan Native tribes or tribal organizations to provide behavioral services through American Indians and Alaska Native tribes, tribal organizations, or the Indian Health Service (IHS) or any facility or program with a grant or contract to provide services through IHS. Under this section, the Secretary is required to submit a report to Congress 3 years after enactment and annually thereafter. The section authorizes $40,000,000 for the first year and such sums through 2015. SECTION 507 — EARLY DETECTION AND INTERVENTION FOR MENTAL ILLNESS AND SUBSTANCE ABUSE DISORDERS. This section codifies screening, brief intervention, referral, and recovery services for individuals for mental illness and substance abuse in primary health care settings. This section authorizes $60,000,000 through 2015 for this provision. SECTION 508 — REPORT ON COORDINATION BETWEEN THE SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY. This section requires a report in conjunction with the Federal Emergency Management Agency regarding what services have been provided following Presidentially-declared disasters, an analysis of how those services where delivered, and any recommendations to further improve mental health treatment, outreach, and services under the Crisis Counseling Program. PART B — CENTERS AND PROGRAMS. SUBPART 1 — CENTER FOR SUBSTANCE ABUSE TREATMENT. SECTION 510 — CENTER FOR SUBSTANCE ABUSE TREATMENT. This section establishes the duties of the Director of the Center for Substance Abuse Treatment, including administering the Substance Abuse Prevention and Treatment Block Grant. The Director is charged with: focusing on children and adolescents in developing treatment programs, collaborating with other appropriate agencies, and evaluating state plans and outcomes for providing treatment services. The Director is authorized to make grants in order to carry out the services, evaluations, and coordination activities under this section. SECTION 511 — RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND PARENTING WOMEN. This section provides for grants to public and private non-profit entities for provision of treatment services to pregnant and parenting women in residential or outpatient programs, with the option for their minor children to reside with them in the facility. Services include an individualized treatment plan, individual, group, and family counseling, and follow-up services as appropriate. Supplemental services include prenatal and postpartum care, 2 of 16
  • pediatric care, case management services, among others. The section requires a grantee to match one dollar for every nine Federal dollars for the first two years, and one dollar for every three Federal dollars for subsequent years. The section authorizes $50,000,000 for each of the fiscal years 2011 through 2015. SECTION 512 — PRIORITY SUBSTANCE USE DISORDER TREATMENT NEEDS OF REGIONAL AND NATIONAL SIGNIFICANCE. Section 512 authorizes the Secretary to make grants of up to five years to address substance abuse issues of regional and national significance, and to provide technical assistance. The Secretary may require matching funds and require grantees to maintain a certain level of expenditures. The Secretary is required to evaluate the programs receiving funds and disseminate information regarding the findings. The section authorizes $500,000,000 for fiscal year 2011 and such sums through 2015. SECTION 513 — SERVICES TO ASSIST LOCAL COMMUNITIES IN ADDRESSING EMERGING DRUGS. This section authorizes grants of up to three years to public and non-profit private entities, tribes, and tribal organizations, to address problems caused by a sudden increase in the demand for drug treatment and the lack of resources to address the problem. Applicants must demonstrate the magnitude of the need and coordination with the state’s priorities. Funds may be used to carry out outreach, provide outpatient or residential drug treatment services, and recovery support services. Priority is given to entities that use a portion of their funds to serve rural areas. The section authorizes such sums through 2015. SECTION 514 — ACTION BY THE CENTER FOR SUBSTANCE ABUSE TREATMENT AND STATES CONCERNING MILITARY FACILITIES. Section 514 requires the Center for Substance Abuse Treatment to coordinate with appropriate agencies to adapt military facilities for use as drug abuse treatment facilities. SECTION 515 — SUBSTANCE USE DISORDER TREATMENT AND EARLY INTERVENTION SERVICES FOR CHILDREN AND ADOLESCENTS. Section 515 authorizes the Secretary to make five year grants to address the substance abuse treatment and prevention needs of children and adolescents. Priority is given to those who would provide treatment to adolescents with co-occurring disorders. Program activities must be evidence-based, integrated, gender-specific and culturally appropriate, as well as evaluated periodically. The section authorizes $60,000,000 for fiscal year 2011 and such sums as necessary through 2015. SUBPART 2 — CENTER FOR SUBSTANCE ABUSE PREVENTION. SECTION 520 — CENTER FOR SUBSTANCE ABUSE PREVENTION. This section lays out the duties of the Center for Substance Abuse Prevention within SAMHSA and authorizes the Secretary to make grants to carry out its activities. The Center is charged with a wide range of activities including coordination with other relevant agencies, development of literature, and supporting programs that prevent drug use and abuse. SECTION 521 — PRIORITY SUBSTANCE USE DISORDER PREVENTION NEEDS OF REGIONAL AND NATIONAL SIGNIFICANCE. Section 521 authorizes the Secretary to address the prevention of substance use disorders through grants for prevention services and technical assistance to public and non-profit private entities of up to five years, with special priority given to at risk-youth. The Secretary may require a grantee to provide matching funds and to maintain a certain level of funding over time in order to receive Federal funds. Appropriations of $300,000,000 for 2011 and such sums through 2015 are authorized. SECTION 522 — PROGRAMS TO REDUCE UNDERAGE DRINKING. This section expresses the sense of the Congress that a coordinated, multi-faceted effort is needed to address underage drinking, that should include efforts from colleges and universities, public health and consumer groups, the food and beverage industry, and the entertainment industry. A range of prevention activities are authorized by this section, including: establishment of an Interagency Coordinating Committee to collaborate with relevant agencies to reduce underage drinking; a National Media 3 of 16
  • Campaign to Prevent Underage Drinking; Community-Based Coalition Enhancement Grants to Prevent Underage Drinking; Grants Directed at Preventing and Reducing Alcohol Abuse at Institutions of Higher Education; and additional research to support prevention activities. Authorizations of appropriations are included for each of the subsections within section 522. The section authorizes $6,000,000.for 2011-2015. SECTION 523 — SERVICES FOR INDIVIDUALS WITH FETAL ALCOHOL SYNDROME. Section 523 authorizes the Secretary to make grants of up to five years to address fetal alcohol syndrome, through screening, counseling, prevention and treatment, among other supportive services. The section authorizes $25,000,000 for fiscal year 2011 and such sums through 2015. The section specifies that for each fiscal year not less than $300,000 shall be used for collaborative efforts with relevant agencies. SECTION 524 — CENTERS OF EXCELLENCE ON SERVICES FOR INDIVIDUALS WITH FETAL ALCOHOL SYNDROME AND ALCOHOL-RELATED BIRTH DEFECTS AND TREATMENT FOR INDIVIDUALS WITH SUCH CONDITIONS AND THEIR FAMILIES. The section authorizes the Secretary to make grants of up to five years to establish centers of excellence to study methods of prevention and treatment of fetal alcohol syndrome and other alcohol-related birth defects and to provide technical assistant to State and other public entities and to local providers. $9,200,000 for fiscal year 2011 and such sums through 2015 are authorized. SUBPART 3 — CENTER FOR MENTAL HEALTH SERVICES. SECTION 525 — CENTER FOR MENTAL HEALTH SERVICES. This section lays out the duties of the Center for Mental Health Services within SAMHSA, and authorizes the Director to make grants to carry out such activities as: preventing mental illness, promoting mental health, developing improved treatment methods, and funding treatment services. SECTION 526 — PRIORITY MENTAL HEALTH NEEDS OF REGIONAL AND NATIONAL SIGNIFICANCE. Section 526 authorizes the Secretary to make grants not to exceed five years to address priority mental health needs through training and technical assistance, targeted capacity response programs, and systems change grants. The Secretary may require a State to provide matching funds and maintain a certain level of funding in order to receive Federal funds under this section. The section authorizes $300,000,000 for fiscal year 2011 and such sums through 2015. SECTION 527 — SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER. The section establishes a center to conduct research, training, and technical assistance activities to prevent suicide. $5,000,000 for fiscal year 2011 and such sums through 2015 are authorized. SECTION 528 — YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION STRATEGIES. This section authorizes grants to States and American Indian and Alaskan Native tribes or tribal organizations to develop and support a State wide effort to prevent suicide among youth. The section authorizes $34,000,000 for 2011, $38,000,000 for 2012, $42,000,000 for 2013, $46,000,000 for 2014 and $50,000,000 for 2015. SECTION 529 —MENTAL HEALTH AND SUBSTANCE USE DISORDERS SERVICES ON CAMPUS. Section 529 authorizes the Secretary, in consultation with the Secretary of Education, to make grants on a competitive basis to institutions of higher education for the purpose of enhancing on campus services for students with behavioral health problems. Grants may be used for educational seminars, hot lines, informational and educational materials, training programs for campus personnel, and networking infrastructure. Eligible entities are defined and included college counseling centers and psychological service centers, mental health centers, psychology training clinics, and institution of higher education supported mental health and substance abuse treatment programs. Grantees are required to provide a cash or in-kind match of not less than one dollar for every Federal dollar received, unless a waiver is issued by the Secretary. Authorizations of appropriations in this section are: $5,400,000 for fiscal year 2011, $5,800,000 for fiscal year 2012, $6,200,000 for fiscal year 2013, $6,600,000 for fiscal year 2014, and $7,000,000 for fiscal year 2015. SECTION 530 — GRANTS FOR JAIL DIVERSION PROGRAMS. 4 of 16
  • Section 530 authorizes the Secretary to make up to 125 grants to develop and implement programs designed to divert individuals with mental illness from the criminal justice system to community-based mental health services. The Federal share of the funds supporting such programs may not exceed 75 percent of the total cost, and the non- Federal share may be in kind. $10,000,000 for fiscal year 2011 and such sums through 2015 are authorized. SECTION 531 — GRANTS FOR THE INTEGRATED TREATMENT OF SERIOUS MENTAL ILLNESS AND CO- OCCURRING SUBSTANCE USE DISORDERS. This section authorizes grants of not more than five years to provide integrated treatment for individuals with serious mental illness and a co-occurring substance use disorder. Priority is given to grantees that provide services to address the needs of those who have a history in the criminal justice system, have unsuccessfully been treated by or referred to inpatient or outpatient settings, or who are homeless. $14,000,000 for fiscal year 2011 and such sums through 2015 are authorized. SECTION 532 — GRANTS RELATING TO THE INTEGRATION AND CO-LOCATION OF SERVICES. The first subsection of section 532 authorizes grants of up to three years (with a possible two year extension) for integrating behavioral health services into primary health care settings, particularly for programs that address the needs of older adults or children and which provide screening, referrals, treatment, intervention and recovery services. Beginning in the third grant year, grantees are required to demonstrate that they will match not less than one dollar for every four Federal dollars, with either cash or in kind donations. $20,000,000 for fiscal year 2011 and such sums through 2015 are authorized. Subsection (b) of section 532 authorizes grants to establish demonstration projects for the co-location of primary and specialty care into community-based mental health settings. Grants shall be awarded equitably between rural and urban populations and between the geographic regions of the United States. $70,000,000 is authorizes for fiscal year 2011 and such sums through 2015. SECTION 533 — TRAINING GRANTS. This section authorizes grants for mental illness awareness training for teachers, school personnel, and emergency services personnel including paramedics, firefighters, and emergency medical technicians in order to recognize symptoms and appropriately respond to persons with mental illness. $25,000,000 for fiscal year 2011 and such sums through 2015 are authorized. SECTION 534 — OLDER ADULT MENTAL HEALTH GRANTS. Section 534 authorizes grants to address the mental health needs of older Americans by supporting establishment and maintenance of geriatric outreach teams, developing and implementing older adult suicide and prevention strategies, among other services. Beginning in the third grant year, the grantees must demonstrate that they will match one dollar for ever four Federal dollars with cash or in kind donations, and in the second year of the grant, must make a report to the Secretary on the program’s activities. Such sums are authorized under this section through 2015. SECTION 535 — GRANTS FOR TELE-MENTAL HEALTH IN RURAL AND MEDICALLY- UNDERSERVED AREAS. This section stipulates that the Secretary, in coordination with appropriate agencies, shall award grants to provide tele-mental health in rural and medically-underserved areas. Funds may be used for tele-mental health services and technological improvements to aid in provision of services. Grants shall be awarded equitably between rural and urban populations and between the geographic regions of the United States. $20,000,000 for fiscal year 2011 and such sums through 2015 are authorized. SECTION 536 — IMPROVING HEALTH INFORMATION TECHNOLOGY FOR MENTAL HEALTH PROVIDERS. Section 536 requires the Secretary to consult with the Department of Veteran’s Affairs and the National Coordinator for Health Information Technology to develop and implement a plan to ensure that the National Health Information Infrastructure will address the needs of mental health and substance abuse treatment providers. PART C — PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS. SECTION 541 — FORMULA GRANTS TO STATES. Section 541 authorizes the Secretary, acting through the Director of the Center for Mental Health Services, to make an allotment each fiscal year to the States via a formula for the provision of services to homeless individuals. 5 of 16
  • SECTION 542 — PURPOSE OF GRANTS. Grants will be awarded to States and non-profit private entities to provide services to individuals with serious mental illness or serious mental illness and substance abuse disorders who are homeless or at risk of becoming homeless. Services may include: outreach, screening, rehabilitation, mental health services, alcohol or drug treatment, staff training, case management and other supportive services. States must agree to provide special consideration for programs with experience in providing services to homeless veterans. SECTION 543 — REQUIREMENT OF MATCHING FUNDS. States involved must match one dollar for every three Federal dollars provided through cash or in kind donations. SECTION 544 — DETERMINATION OF AMOUNT OF ALLOTMENT. This section stipulates that the allotment is a product of the appropriations provided and a percentage equal to the quotient of the population living in urban areas of the State as determined by the Census, and the population living in urban areas in the United States. The section also requires that the minimum allotment a State will receive will be the greater of either the amount the State received in 2009 or $600,000 for the States, the District of Columbia, and the Commonwealth of Puerto Rico, and not less than $100,000 for Guam, the U.S. Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. If funds are insufficient to ensure the minimum allotment is received, no State shall receive less than was received in 2009. The section also establishes a study to evaluate the factors that determine the formula, with a report due to Congress regarding the findings. SECTION 545 — CONVERSION TO CATEGORICAL PROGRAM IN EVENT OF FAILURE OF STATE REGARDING EXPENDITURE OF GRANTS. Section 545 authorizes SAMHSA to make grants to public and private non-profit entities within a State for the purpose of providing services to homeless individuals in the event that a State fails to apply for a grant or does not successfully meet or complete the terms of the grant. The services must be provided within the specific State that has failed to expend or apply for the funds. SECTION 546 — PROVISION OF CERTAIN INFORMATION FROM STATE. This section states that States shall be required to submit a State plan identifying the State’s existing programs and services for homeless individuals and outlining the State’s plan to improve and provide those services. SECTION 547 — DESCRIPTION OF INTENDED EXPENDITURES OF GRANT. Section 547 requires that the State plans describe the intended use of the funds by the States and the geographic distribution of need within the States. The section requires that the State plan will be made available for comment to family members, consumers, and mental health, substance abuse, and housing agencies. The States’ plan must be consistent with the comprehensive State plan for mental health services required under Title XIX. SECTION 548 — REQUIREMENT OF REPORTS BY STATES. States must submit an annual report to SAMHSA regarding the nature and amount of expenditures under this Part. SECTION 549 — REQUIREMENT OF APPLICATION. This section requires a State to submit an application for payments certified by the State’s chief executive officer. SECTION 550 — TECHNICAL ASSISTANCE. The Secretary must provide technical assistance to eligible entities to develop and operate programs under Part C. SECTION 551 — FAILURE TO COMPLY WITH AGREEMENTS. The Secretary may require a State to repay their funds if they are not expended appropriately. A State failing to make a repayment may be subject to withholding of future funds, pending a hearing. SECTION 552 — PROHIBITION AGAINST CERTAIN FALSE STATEMENTS. Any person to knowingly make a false statement regarding the expenditure of funds under this Part is subject to criminal penalties of jail time or fines or both. 6 of 16
  • SECTION 553 — NONDISCRIMINATION. This section requires that no person be excluded from participation in programs or activities funded under this Part on the basis of sex or religion. The Secretary may refer matters to the Attorney General or take action authorized by law if a State has failed to comply with this provision. SECTION 554 — DEFINITIONS. This section defines the terms under Part C. Eligible homeless individual is defined as a homeless individual or person at risk of becoming homeless, with mental illness or mental illness and a substance use disorder. Homeless individual has the same definition as given the term in section 330 of this Act. A State is determined to mean any of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. Substance use disorder services are as defined in section 330 of this Act. SECTION 555 — FUNDING. Section 555 authorizes $75,000,000 for each of the fiscal years 2011 through 2015, and requires the Secretary to obligate two percent of the funds for technical assistance. PART D — MISCELLANEOUS PROVISIONS RELATING TO SUBSTANCE USE DISORDERS AND MENTAL ILLNESS. SECTION 561 — SUBSTANCE USE DISORDERS AMONG GOVERNMENT AND OTHER EMPLOYEES. This section states that the Secretary shall foster prevention and treatment programs and services in State and local governments and in private industry. The section prohibits a person from being denied Federal civilian employment or licensure on the grounds of a previous substance use disorder, but does not apply to the CIA, FBI, NSA, or other security agency as designated by the President. SECTION 562 — ADMISSION OF SUBSTANCE ABUSERS TO PRIVATE AND PUBLIC HOSPITALS AND OUT- PATIENT FACILITIES. This section states that no substance abuse user who suffers from a medical condition shall be denied admission or treatment by a private or public general hospital or outpatient facility on the basis of their substance use disorder. The Secretary shall issue enforcement regulations and procedures regarding violations. The Secretary of Veterans Affairs shall prescribe regulations to ensure consistency with this prohibition as applicable in their provision of services to veterans with substance use disorders. SECTION 563 — CONFIDENTIALITY OF RECORDS. Section 563 requires that records of a patient’s identity, diagnoses, prognosis, and treatment be confidential and non-disclosed without written consent from the patient, except in cases of medical emergency, scientific research purposes, or when authorized by a court of law. PART E — CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES. SECTION 571 — COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES. This section authorizes grants to States, tribes, and tribal organizations for the purposes of providing comprehensive community mental health services to children with a serious emotional disturbance. A grantee is subject to matching requirements laid out in this section. The Secretary may waive requirements for American Indian and Alaska Native grantees. SECTION 572 — REQUIREMENTS WITH RESPECT TO CARRYING OUT PURPOSE OF GRANTS. This section requires that the State provide services to children with serious emotional disturbances through their st 21 year via a system of care that is developed in a community selected by the entity receiving a grant and consists of appropriate public agencies and nonprofit, private entities necessary to ensure services are available to each child accessing the system. It also requires establishment of an office within the system of care which will be responsible for coordinating provision of services and providing information to the public. Section 572 stipulates that mental health services provided to children with serious emotional disturbances in the 7 of 16
  • system of care may include: diagnostic and evaluative services, outpatient and emergency services, home-based services, day-treatment, respite care, therapeutic foster care, and transitional services. A memorandum of understanding is required between the grantees and the providers of services to facilitate the availability of services to children accessing the system of care. The section specifies that the grant and other non- Federal contributions made with respect to the grant shall not be expended for non-mental health services. A memorandum of understanding is also required regarding services available under title XIX of the Social Security Act and under parts B and C of the Individuals with Disabilities Education Act. Case management services are required in order to ensure that the services provided are coordinated and involve the child’s family and that assistance is given to the family and child in seeking appropriate services. The services provided must be culturally appropriate and non-discriminatory. The section does not prohibit a system of care from separating males and females with regard to housing in residential treatment services. The section does not authorize the system of care to use the grant or associated non-Federal contributions to provide legal services, purchase property or engage in construction, provide room and board, or to provide training for personnel that is not authorized in section 574. SECTION 573 — INDIVIDUALIZED PLAN FOR SERVICES. This section requires an individualized plan for each child accessing the system of care described in sections 571 and 572. The plan should involve the child’s family, as appropriate, and be culturally appropriate for each child. Plans should be reviewed by a multidisciplinary team of qualified individuals and be consistent with plans developed for the child under the Individuals with Disabilities Education Act. Plans should identify the needs of the child and provide appropriate counseling, rehabilitation, and transition services and an individual should be appointed to provide case management services. SECTION 574 — ADDITIONAL PROVISIONS. This section describes optional services that may be performed in expending a grant under section 571(a), including preliminary assessments of a child’s needs, training in administration or home based services, development of individualized plans, recreational activities for the children accessing the system, and other additional services. The section also requires entities to submit to the Secretary a plan for the development of a comprehensive system of care to address the needs of children with serious emotional disturbances. Section 574 requires that not more than two percent of the funds received by a grantee will be used for administrative purposes, and the entity must submit a report to the Secretary regarding the activities carried out. SECTION 575 — GENERAL PROVISIONS. This section sets the duration of grants at 6 fiscal years, outlines the authority of the Secretary to provide technical assistance, requires an annual report to Congress on the activities, and defines the terms contained in this Part. It also specifies that nothing under this Part shall be construed as limiting the rights of a child with a serious emotional disturbance under the Individuals with Disabilities Education Act. SECTION 576 — STATE INTEGRATED SYSTEMS OF CARE GRANTS FOR KEEPING FAMILIES TOGETHER. Section 576 authorizes five year grants to States for the development and implementation of a plan to facilitate and promote integrated systems of care for children with mental illness. The provision lays out the requirements of a plan. States are required to submit a report to the Secretary in the second and third years of the grant. SECTION 577 — AUTHORIZATION OF APPROPRIATIONS. This section authorizes $150,000,000 for fiscal year 2011 and such sums through 2015 for this Part. It also requires that not more than $10,000,000 of funds appropriated each fiscal year shall be used for grants described in section 576. PART F — WORKFORCE DEVELOPMENT. SECTION 581 — WORKFORCE DEVELOPMENT GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS FOR MENTAL HEALTH AND SUBSTANCE USE DISORDERS. This section lays out the purpose of the workforce development components of the bill and authorizes the Secretary 8 of 16
  • to make grants for innovative recruitment and retention strategies and dissemination of information about effective strategies to States and public and private non-profit providers. The section requires eligible entities such as States, Indian tribes and tribal organizations, and non-profits to submit an application and agree to collect and provide data on the effectiveness of their workforce development strategies. Allowable uses of funds under this section include: recruitment of individuals, including paraprofessionals and individuals in recovery and their family members, into the mental health and substance use disorder workforce, assisting individuals in obtaining competency in the provision of such services, and retaining qualified personnel. The section does not allow funds to be used to pay for loan repayment or forgiveness or for receipt of a degree from an institution of higher education. The section requires grants to be awarded with priority to rural areas and areas with shortages in personnel in mental health and substance use disorder treatment and to entities that agree to focus on the inclusion of racial and ethnic minorities in the workforce. Grants must be awarded equitably, as practicable, between the geographic regions of the United States. The section requires the Secretary to provide technical assistance to eligible entities and requires the entities to conduct an evaluation of their activities which must be submitted to the Secretary. Authorizations of appropriations are included for $25,000,000 for fiscal year 2011 and such sums through 2015. SECTION 582 — DATA COLLECTION AND REPORT ON WORKFORCE ISSUES. Section 582 requires SAMHSA to submit to Congress within 5 years of enactment a report regarding data collected under sections 1912(a) and 1931(b). The report should contain an assessment of the workforce capacity, recommendations to Congress and the eligible entities, data and best practices identified, and recommendations for national outcome measures. PART G — SCHOOL-BASED MENTAL HEALTH. SECTION 585 — SCHOOL-BASED MENTAL HEALTH AND CHILDREN AND VIOLENCE. This section authorizes the Secretary, in conjunction with the Secretary of Education and the Attorney General, to make grants to assist local communities and schools to improve mental health services. Services provided should be comprehensive, age appropriate, and should assist children in dealing with violence. Under this section, the Secretary may provide financial assistance to support positive behavioral interventions and supports, provide technical assistance, assist local communities in developing policies to address child and adolescent mental health, facilitate community partnerships, and establish reporting mechanisms regarding children and violence. Section 585 requires that an eligible entity be a partnership between a local education agency and a community program. An entity must submit an application that will ensure the applicant enters into a memorandum of understanding with the appropriate public or private mental health entities, law enforcement, and family organizations. The comprehensive school-based mental health program carried out under this section should promote the social, emotional, and behavioral health of all students, address the needs of at risk students, provide for treatment or referrals, early identification and intervention services, and development and implementation of programs to aid children in dealing with violence. The mental health program carried out under this section is to provide for in-service training of all school personnel, staff, and volunteers, in supporting or identifying children with or at risk of mental illness. Training is to be provided for the use of referral mechanisms, and strategies for promoting a positive environment and the social, emotional, and behavioral wellness of all students. The program carried out under this section must demonstrate its sustainability outside of its Federal funding. Services provided under this section should be based on evidence-based practices and shall be coordinated with the early intervention strategies under IDEA. Grants under this section shall be distributed equitably amongst the regions of the country and between urban and 9 of 16
  • rural areas. Grants under this section will be awarded for 5 years, and each recipient of a grant shall only receive one grant with the exception of those providing regional services, which may receive additional funding. Section 585 requires the Secretary to develop a process by which to evaluate its activities, including by developing outcome measures. Measures of outcomes related to students and families shall assess whether the program improved social and emotional competency, academic achievement, a reduction in disruptive behaviors, improved family functioning, a reduction in substance use disorders, a reduction in disciplinary action and school violence, and improved access to mental health care. This section requires grant recipients to report on their evaluations to the Administrator, who in turn shall submit a report to Congress on the activities carried out under this section. Section 585 authorizes $200,000,000 to be appropriated for each of the fiscal years 2011 through 2015 for grants not to exceed $1,000,000 to carry out the activities contained in this section. SECTION 586 — GRANTS TO ADDRESS THE PROBLEMS OF PERSONS WHO EXPERIENCE VIOLENCE RELATED STRESS. Section 585 authorizes the Secretary to make grants to public and private nonprofit entities and Indian tribes and tribal organizations to continue the National Child Traumatic Stress Initiative, with a focus on developing knowledge of evidence-based practices for treating psychiatric disorders in children who have witness traumatic events. Grant awards shall be given with priority placed upon entities with experience in trauma-related mental disorders or that may contribute to a national trauma infrastructure. Grants shall be geographically equitable. Applicants shall submit a plan for the rigorous evaluation of services provided under this section. Grants shall be awarded for 5 years and may be renewed. The section authorizes $50,000,000 for 2011 and such sums through 2015. PART H — REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN FACILITIES. SUBPART I — MEDICAL FACILITIES. This section details the rights of individuals in hospitals, nursing homes, and other medical facilities to be free from physical or mental abuse, corporal punishment, and any restraints or involuntary seclusion. SECTION 591 — REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN MEDICAL FACILITIES. This section stipulates that restraints or seclusion may be used only when imposed to ensure the safety of the resident, staff, or others in the medical facility or when ordered by a physician or other licensed practitioner with a specified duration. This section states that it shall not be used to hamper any State or Federal protections that may be greater than those provided for in section 591. The section defines the terms restraints, seclusion, physical escort, and time out. SECTION 592 — REPORTING REQUIREMENT. This section requires that each facility subject to the PAIMI Act of 1986 must notify the appropriate agency of a death that occurs while a patient is either in or recently removed from restraints or seclusion or when the death is a result of such restraint or seclusion. Notification must occur within 7 days of the death of the individual. Facility is defined by this section as it is defined in the PAIMI Act of 1986. SECTION 593 — REGULATIONS AND ENFORCEMENT. This section requires the Secretary, after consulting with appropriate entities including protection and advocacy organizations, patients and others, to promulgate regulations related to restraint and seclusion within one year of enactment. The section states that the regulations shall require relevant medical facilities to have appropriate professional and support staff on hand to evaluate patients and provide treatments. Medical facilities shall also provide appropriate training in the use of restraints and their alternatives and provide complete and accurate notification of deaths as required under section 592. A facility that fails to comply with the requirements of this part shall not be eligible to receive future Federal funds. SUBPART II — NON-MEDICAL AND COMMUNITY-BASED FACILITIES. 10 of 16
  • SECTION 595 — REQUIREMENT RELATING TO THE RIGHTS OF INDIVIDUALS OF CERTAIN NON-MEDICAL, COMMUNITY-BASED FACILITIES FOR CHILDREN AND YOUTH. This section states the right of children and youth in non-medical community-based facilities, including schools, to be free from physical or mental abuse, corporal punishment, and restraints or seclusion. The section requires that non-medical community-based facilities for children and youth funded under the Medicaid program of Title XIX of the Social Security Act continue to meet its existing requirements that are unaffected by this Part. The section requires restraints and seclusion be used only in emergency circumstances to protect the safety of the individual, staff, students, or others and when other alternatives are deemed ineffective. The section requires that restrain and seclusion of children in non-medical community-based facilities, including schools, be administered only by individuals trained and certified by a State-recognized body. Facilities involved should develop a procedure to ensure appropriate training of personnel to assess the needs of children or youth being restrained or secluded and to ensure that such methods are being implemented safely and that the situation is appropriately monitored and supervised. The section prohibits the use of drugs or medication outside of an individual’s standard treatment to be used to restrain or restrict an individual or their freedom of movement. The section prohibits the use of mechanical restraints. Facilities for children and youth may only use seclusion when a staff member is monitoring the individual face-to-face and licensing, accreditation, and internal controls are in place. This section states that it does not prohibit use of restraints for medical immobilization, adaptive support, or medical protection. The section shall not affect State or Federal laws with greater protections than those contained in this section. The section defines the terms mechanical restraint, physical escort, physical restraint, seclusion, and time out. SECTION 596 — REPORTING REQUIREMENT. Section 596 requires non-medical community-based facilities for children and youth to notify the Secretary within 24 hours if a death occurs at the facility, and of any use of seclusion or restraints at the facility. SECTION 597 — REGULATIONS AND ENFORCEMENT. Subsection (a) of this section requires that the Secretary promulgate regulations regarding licensing rules and monitoring requirements. Regulations with regard to covered schools shall be developed in conjunction with the Secretary of Education. The regulations shall require that States monitor compliance of such facilities with Federal and State laws. States shall develop and implement such licensing rules and monitoring requirements within one year of promulgation of the regulations. The section states that the regulations shall require relevant facilities to have appropriate professional and support staff on hand. Such facilities shall also provide appropriate training in the use of restraints and their alternatives and provide complete and accurate notification of deaths as required under section 596. A facility that fails to comply with the requirements of this part shall not be eligible to receive future Federal funds. Subsection (b) of the section of the bill makes certain technical updates, including redesignating Part G of Title V as Part I, transferring it so that it appears after Part H, and redesignating the former sections 581 through 584 as 599 through 599C. SECTION 3 — AMENDMENTS TO TITLE XIX OF THE PUBLIC HEALTH SERVICE ACT. PART B — BLOCK GRANTS REGARDING MENTAL HEALTH AND SUBSTANCE USE DISORDERS. SUBPART I — BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH SERVICES. SECTION 1911 — FORMULA GRANTS TO STATES. This section establishes the Block Grant for Community Mental Health Services. Funds are allotted as determined by the formula contained in section 1918, and are made to States for carrying out the plan developed in accordance with section 1912 for providing comprehensive, community based mental health services for adults with serious mental illness (SMI) and children with serious emotional disturbances (SED) and for planning, administering, and evaluating such services. SECTION 1912 — STATE PLAN FOR COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR 11 of 16
  • CERTAIN INDIVIDUALS. Section 1912 requires States to submit to the Secretary every three years a plan for provision of mental health services through a system of care within the State. The plan must identify the single State agency responsible for the program, identify and describe the State’s system of care and magnitude of the need, as well as set goals and objectives, and plan for systemic improvement and evaluation. The plan should address the specific needs of children, rural, homeless, and aging adult populations within the State and should describe the current behavioral health workforce and the State’s plan for emergency response to mental health crises within the State. The Secretary may require modifications to a State’s plan as a requirement for receipt of funds, but may not require changes once the plan has been approved. If a State finds that modifications to its plan are necessary, the State may request the Secretary’s approval to make the necessary changes. The existing definitions for adults with SMI and children with SED are retained. SECTION 1913 — CERTAIN AGREEMENTS. This section requires States, as a condition of receipt of funds, to maintain their level of funding for services for children with SED, at the level spent in 2006. States are required to provide services under this grant through appropriate, qualified community mental health programs. SECTION 1914 — STATE MENTAL HEALTH PLANNING COUNCIL. This section requires a State receiving funds under this program to establish and maintain a State mental health planning council, in order to review the State plan, advocate for individuals with mental illness, and review adequacy of mental health services within the State. The council shall be made up of representatives of the appropriate State agencies, public and private entities involved, adults with SMI, and families of children with SED. SECTION 1915 — ADDITIONAL PROVISIONS. Section 1915 requires States to provide to the Secretary any recommendations made by the State’s planning council with regards to a State’s plan and report. This section also requires as a condition of receipt of funds, that a State maintain expenditures for community mental health services at a level not less than the average of what they spent in the previous two years. A State shall be deemed in compliance of this requirement if the State’s expenditures reach the equivalent of 97 percent of the average of such expenditures over the previous two year period. A State may request a waiver of these requirements for extraordinary economic conditions or because they experienced a Presidentially declared disaster, and the Secretary must approve or deny the request within 120 days. If a State is found to be non-compliant for a specific fiscal year, the Secretary is authorized to reduce the following year’s allotment to that State by the amount of their deficiency for the prior fiscal year, or the Secretary may negotiate an appropriate agreement with the State to resolve the State’s failure to maintain their funding level. SECTION 1916 — RESTRICTIONS ON USE OF PAYMENTS. This section stipulates the restrictions placed on the use of block grant funds under this program. Funds may not be used to provide inpatient services, make cash payments to recipients of services, purchase land or construct facilities, meet non-Federal fund expenditure requirements, or provide financial assistance to an entity other than a public or private non-profit entity. The State may not expend more than 5 percent of their block grant funds on administrative costs. SECTION 1917 — APPLICATION FOR GRANT. st Section 1917 requires States to submit an application for grant funds by September 1 of the fiscal year prior to the fiscal year in which they intend to use the funds. The Secretary may waive requirements under this program for Territories of the United States, except Puerto Rico. SECTION 1918 — DETERMINATION OF AMOUNT OF ALLOTMENT. This section establishes the formula by which block grant funds are allocated to States. It requires States to receive a minimum allotment that is no less than the amount received by that State in 1998. SECTION 1919 — DEFINITIONS. Section 1919 defines the terms ‘funding agreement’, ‘adults with serious mental illness’, and ‘children with serious emotional disturbance’ as previously defined in the statute. SECTION 1920 — FUNDING. 12 of 16
  • For the purpose of carrying out this subpart, subpart III, and Section 504 with respect to mental health, this section authorizes an appropriation of $450,000,000 for fiscal year 2011 and such sums through 2015. The section stipulates that 5 percent shall be set-aside for technical assistance, data collection, and program evaluation. SUBPART II — BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE USE DISORDERS. SECTION 1921 — FORMULA GRANTS TO STATES. This section establishes the Block Grants for Prevention and Treatment of Substance Use Disorders to be allocated to States based on the formula established in section 1932 to provide substance abuse prevention and treatment services in accordance with the plan set forth in accordance with section 1932, and for planning, administering and evaluating the services. SECTION 1922 — CERTAIN ALLOCATIONS. This section requires States to meet certain obligations regarding the allocation of block grant funds. States shall spend not less than 20 percent of funds on prevention and early intervention of alcohol and substance use. States shall not spend less for programs for pregnant women and their children than was spent in 2006. Grantees providing services must make prenatal care available to women receiving treatment who are in need of such services. SECTION 1923 — INTRAVENOUS SUBSTANCE ABUSE. Section 1923 requires grantees to carry out activities that will encourage intravenous drug users to enter treatment. SECTION 1924 — REQUIREMENTS REGARDING TUBERCULOSIS AND OTHER COMMUNICABLE DISEASES, AND THE HUMAN IMMUNODEFICIENCY VIRUS. This section requires States and the entities receiving funds to carry out services under this program to refer recipients to testing and other services for tuberculosis and other communicable diseases. States designated as those with 10 or more cases of AIDS per 100,000 must expend not less than 5 percent for HIV early intervention services, and other States with fewer cases may spend up to 5 percent of funds on such services. SECTION 1925 — GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS. Section 1925 authorizes States who want to, to establish an ongoing fund of up to $100,000 to support group home services for individuals who are recovering from a substance use disorder, which may include making loans for the establishment of such programs. SECTION 1926 — STATE LAW REGARDING SALE OF TOBACCO PRODUCTS TO INDIVIDUALS UNDER AGE OF 18. Section 1926 requires States receiving block grant funds to have in effect a law prohibiting the sale of tobacco products to individuals under age 18 and for carrying out activities to reduce the availability of tobacco products to minors. States that are non-compliant are subject to a reduction in funds of up to 40 percent for the following fiscal year. Non-compliant States may choose an alternative penalty that would require them to increase funding for activities to prevent tobacco use among minors. SECTION 1927 — TREATMENT SERVICES FOR PREGNANT WOMEN. This section requires that entities providing treatment services give priority to pregnant women in admitting individuals for treatment. SECTION 1928 — ADDITIONAL AGREEMENTS. This section requires States receiving block grant funds to conduct activities to improve the State’s referral services for those individuals who need treatment. States are also required to ensure the professional development of the State’s substance abuse treatment workforce. Personnel should receiving ongoing training in trends, data collection, evidence-based methods, and innovative practices. SECTION 1929 — MAINTENANCE OF EFFORT REGARDING STATE EXPENDITURES. This section requires States to maintain a level of funding through the single state agency for substance abuse that is not less than the average of their expenditures from the previous two fiscal years. The section changes how States are deemed compliant with this requirement from the previous method of material compliance. Under this section, States are deemed compliant if their expenditures reach 97 percent of average of spending from the previous two years. The Secretary may waive this requirement in the event of an extraordinary economic condition 13 of 16
  • in a State or if a State has experienced a Presidentially declared disaster. SECTION 1930 — RESTRICTIONS ON EXPENDITURE OF GRANT. This section stipulates that funds under this program may not be used to provide inpatient services, make cash payments to recipients of services, purchase land or construct facilities, meet non-Federal fund expenditure requirements, or provide financial assistance to an entity other than a public or private non-profit entity. States may provide inpatient hospital services for treatment of an individual with a substance use disorder if that treatment is deemed necessary and does not cost more than services the individual would receive in a non-hospital setting. SECTION 1931 — APPLICATION FOR GRANT; APPROVAL OF STATE PLAN. st Section 1931 requires States to submit an application for their block grant funds no later than October 1 of the fiscal year for which they are requesting funds that outlines a State’s system of care, trends, adequacy of services, target populations, coordination with relevant agencies, workforce needs, goals and objectives, etc. States must submit a copy of their plan for addressing the needs of the substance use disorder population during a time of emergency and to show how this is integrated into the State’s overall emergency plan. SECTION 1932 — DETERMINATION OF AMOUNT OF ALLOTMENT. This section establishes the formula by which block grant funds are allocated to States. The formula for distribution is not changed from current law. SECTION 1933 — DEFINITIONS. This section defines ‘authorized activities’, ‘funding agreement’, ‘prevention activities’, ‘substance use disorder’, ‘treatment activities’, ‘treatment facilities’, and ‘treatment services’. SECTION 1934 — FUNDING. This section authorizes $2,000,000,000 for fiscal year 2011 and such sums through 2015 to be appropriated to carry out this subpart, subpart III, and section 504 with regard to substance use disorders. Five percent of the total shall be allocated for technical assistance, data collection, and program evaluation. 20 percent of the 5 percent shall be obligated for prevention activities. SUBPART III — GENERAL PROVISIONS. SECTION 1941 — OPPORTUNITY FOR PUBLIC COMMENT ON STATE PLANS. This section requires the States to make their State plans available for public comment within their States prior to and following submission of the plan to the Secretary. SECTION 1942 — REQUIREMENT OF REPORTS AND AUDITS BY STATES. This section requires States to submit an annual report to the Secretary detailing the expenditures, activities and outcomes under the block grant. If a State fails to take a serious step to implement the activities it listed in its plan for achieving the goals and objectives of the plan over three years, the State shall be required to work with the Secretary to develop a corrective action plan which may require the State to redistribute funds. If a State fails to comply with their corrective action plan, the Secretary may suspend, terminate, or withhold funds following notice and an opportunity for a hearing. SECTION 1943 — PATIENT RECORDS. This section establishes as a requirement for a State’s receipt of grant funds that the State have in place a system to protect patients from disclosure of private patient records. SECTION 1944 — DISPOSITION OF CERTAIN FUNDS APPROPRIATED FOR ALLOTMENTS. This section requires that funds that are withheld from States or are otherwise available because of penalties etc, must be distributed to the other States. . SECTION 1945 — FAILURE TO COMPLY WITH AGREEMENTS. This section provides the Secretary with authority to suspend, terminate, or withhold funds if a State is found to be non-compliant with the terms of the grant. SECTION 1946 — PROHIBITIONS REGARDING RECEIPT OF FUNDS. 14 of 16
  • This section prohibits false statements regarding such grants and specifies a criminal penalty for violations. SECTION 1947 — NONDISCRIMINATION. This section states that the provision of services under this program shall not discriminate on the basis of age, disability, sex, race, color, or national origin as specified elsewhere in Federal law. If the Secretary is made aware of violations, the Secretary is to notify the State and work toward a remedy. If not resolved, the Secretary must refer the matter to the Attorney General or the appropriate agency. SECTION 1948 — TECHNICAL ASSISTANCE AND PROVISION OF SUPPLIES AND SERVICES IN LIEU OF GRANT FUNDS. This section authorizes technical assistance to States in the form of supplies, equipment, and services. The Secretary may reduce funds to the State to offset the personnel, supplies, equipment, and services used to provide assistance to the States. SECTION 1949 — RULE OF CONSTRUCTION REGARDING DELEGATION OF AUTHORITY TO STATES. This section states that the Secretary may not be allowed to delegate authority of interpretation of these provisions to the States. SECTION 1950 — SOLICITATION OF VIEWS OF CERTAIN ENTITIES. This section requires the Secretary to solicit the views of States and other appropriate entities in carrying out these provisions. SECTION 1951 — AVAILABILITY TO STATES OF GRANT PAYMENTS. This section states that funds not obligated or expended during a fiscal year will be available until the end of the following fiscal year. SECTION 1952 — CONTINUATION OF CERTAIN PROGRAMS. This section states that in the case of Hawaii, an amount not less than the percent of Native Hawaiians in the population shall be made available to provide services for Native Hawaiians. SECTION 1953 — DEFINITIONS. This section provides definitions for the terms used in the subpart, including ‘program involved’, ‘funding agreement’, ‘state’, ‘territories of the United States’, and ‘interim agreement’. SECTION 1955 — SERVICES FOR INDIVIDUALS WITH CO-OCCURRING DISORDERS. This section authorizes States to use funds for provision of services to individuals with co-occurring substance use and mental disorders as long as the funds are used for the purposes for which they were appropriated. SECTION 1956 — PUBLIC HEALTH EMERGENCY DECLARATION. This section authorizes the Secretary to waive requirements for compliance with sections 521, 1911, 1921, and PAIMI in the event of a public health emergency. PART C — CERTAIN PROGRAMS REGARDING MENTAL HEALTH AND SUBSTANCE USE DISORDERS. SECTION 1961 — INTERIM MAINTENANCE TREATMENT. This section authorizes the Secretary to take certain action to aid in the reduction of transmission of HIV and other communicable diseases through intravenous drug use of heroin and other like substances. The Secretary may establish conditions for the use of methadone in public or private non-profit treatment programs and may authorize such programs to dispense methadone in treatment of individuals where required. Such programs shall provide counseling regarding transmission of HIV. SECTION 4 — REPEAL. This section repeals Section 330K of the Public Health Service Act. SECTION 5 — AMENDMENTS TO THE PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS ACT. 15 of 16
  • This section amends PAIMI to establish that for the purposes of distribution of funds the American Indian Consortia shall be treated as a territory. It also authorizes $37,000,000 for 2011 and such sums through 2015 for PAIMI. SECTION 6— STUDY OF THE DISTRIBUTION OF FUNDS UNDER THE SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANT AND THE COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT. This section requires the Secretary to conduct a study to examine the distribution of block grant funds. The study shall examine whether the distribution reflects the need for services, whether the indices used are appropriate, an evaluation of the data sources used, impact of the minimum allotments, and recommendations for modifications if needed. The Secretary shall submit the findings not later than 24 months after enactment of this Act. SECTION 7 — COUNCIL ON INTEGRATION OF HEALTH CARE EDUCATION. This section establishes a Council on Integration of Health Care Education. The Council is established for the purpose of making recommendations in order to strengthen the capacity of health care professionals and behavioral health providers to deliver integrated, comprehensive health care. Two grant programs are created for the purpose of implementing the recommendations of the Council. This section authorizes $10M for 2012 and such sums as may be necessary to be appropriated through 2016. 16 of 16