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42 U.S.C. § 280i–1Autism education, early detection, and intervention

submitted 82 years ago by Pub. L. 109-416 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,702 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law funds programs to raise autism awareness and improve early screening and treatment. It supports state lead agencies, provider training, and research into better tools and interventions. The program ends after September 30, 2029.

(a) Purpose. This section aims to (1) raise awareness, cut barriers to screening and diagnosis, promote evidence-based care, and train professionals to use reliable screening tools for autism spectrum disorder (ASD) and other developmental disabilities across a person's life — with focus on children who miss early diagnosis and treatment; and (2) run these activities using an interdisciplinary approach, as used in Social Security Act section 501(a)(2) programs. (b) In general. Subject to funding, the Secretary must build and evaluate activities to (1) share culturally and linguistically appropriate information on ASD and developmental milestones; (2) fund research — including community-based research — into reliable screening and diagnostic tools, and share information about them; (3) promote early screening for people more likely to have ASD, as early as evidence supports; (4) promote evidence-based screening and treatment across the lifespan, considering parents' and guardians' views; (5) grow the number of people able to confirm or rule out an ASD diagnosis; (6) grow the number of people able to deliver evidence-based treatment; and (7) promote early evidence-based treatment for those more likely to have ASD. (c) Information and education. (1) In general. To carry out (b)(1), the Secretary, with the Secretaries of Education and Agriculture, must share culturally and linguistically appropriate information on ASD risk factors, traits, diagnosis, and treatment, reaching families through (A) federal programs — Head Start, Early Start, Healthy Start, Child Care and Development Block Grant programs, Medicaid (especially its Early and Periodic Screening, Diagnosis and Treatment Program), CHIP, the Maternal and Child Health Block Grant, IDEA Parts B and C, WIC, and Rehabilitation Act state grants; (B) state-licensed child care facilities; and (C) other community groups or entry points for families. (2) Lead agency. (A) Designation. The Secretary may require a state's governor to (i) name a public agency as the state's lead coordinating agency, and (ii) have that agency give individuals, families, providers, and others in the state complete, appropriate information on state and local ASD resources, risk factors, diagnosis, services (which may include caregiver respite care), and treatment. (B) Requirements of agency. The governor must (i) pick an agency with real experience in ASD and disability issues and in running education, information, and referral programs for this community statewide, and (ii) consider input from people with ASD and developmental disabilities, their families, providers, and others. (C) Information. That information must reach people through toll-free numbers, websites, mailings, or other means the governor requires. (d) Tools. (1) In general. The Secretary must build a continuing-education curriculum to help people recognize and use valid, reliable ASD screening tools. (2) Collection, storage, coordination, and availability. Working with the Secretary of Education, the Secretary must collect, store, coordinate, and share these tools and related materials used across federal programs, plus materials from (A) Developmental Disabilities Assistance and Bill of Rights Act programs, (B) IDEA Part C early intervention programs, and (C) Title V children's special-health-needs programs. (3) Required sharing. The Secretary and the Secretary of Education must ensure entities funded under this subsection share these tools and materials. (e) Diagnosis. (1) Training. Subject to funding, and coordinating with Title V activities, the Secretary must grow existing interdisciplinary training so more sites can diagnose or rule out ASD and other developmental disabilities across the lifespan, making sure (A) competitive grants or agreements fund public or nonprofit groups, including colleges, to expand or build maternal and child health interdisciplinary leadership training programs; (B) trainees (i) get a mix of academic, clinical, and community experience, (ii) are culturally competent, (iii) are ethnically diverse, (iv) can evaluate, diagnose, and treat ASD and developmental disabilities across the lifespan, and (v) can use a family-centered approach, which may include working with research networks to train respite-care providers; and (C) program sites (i) offer culturally and linguistically appropriate services, (ii) take a multidisciplinary approach with experience serving underserved groups, and (iii) find ways to partner with community groups. (2) Developmental-behavioral pediatrician training programs. (A) The Secretary may favor applicants running these programs in rural or underserved areas. (B) "Underserved area" means (i) a health-professional shortage area under 42 U.S.C. § 254e(a)(1)(A), or (ii) an urban or rural area the Secretary designates as short on personal health services under 42 U.S.C. § 254b(b)(3)(A). (C) Within 2 years after December 23, 2024, the Secretary must report to Congress on whether and how to expand these training programs. (3) Technical assistance. The Secretary may fund grants to give technical help to the interdisciplinary training network. (4) Best practices. The Secretary must promote research into better tools for diagnosing ASD and other developmental disabilities faster and earlier. (f) Intervention. The Secretary must fund research, including through research centers or networks, to (1) develop and test evidence-based practices addressing physical, behavioral health, and communication needs across the lifespan; (2) build guidelines for these practices; and (3) share information on the practices and guidelines. (g) Sunset. This section stops applying after September 30, 2029.
the actual law source: uscode.house.gov ↗public domain
(a) Purpose

It is the purpose of this section—

(1)

to increase awareness, reduce barriers to screening and diagnosis, promote evidence-based interventions for individuals with autism spectrum disorder and other developmental disabilities, and train professionals to utilize valid and reliable screening tools to diagnose or rule out and provide evidence-based interventions for individuals with autism spectrum disorder and other developmental disabilities across their lifespan; and

(2)

to conduct activities under this section with a focus on an interdisciplinary approach (as defined in programs developed under section 501(a)(2) of the Social Security Act [42 U.S.C. 701(a)(2)]) that will also focus on specific issues for children who are not receiving an early diagnosis and subsequent interventions.

(b) In general

The Secretary shall, subject to the availability of appropriations, establish and evaluate activities to—

(1)

provide culturally and linguistically appropriate information and education on autism spectrum disorder and other developmental disabilities to increase public awareness of developmental milestones;

(2)

promote research, which may include research that takes a community-based approach, into the development and validation of reliable screening and diagnostic tools for individuals with autism spectrum disorder and other developmental disabilities and disseminate information regarding those screening and diagnostic tools;

(3)

promote early screening of individuals at increased likelihood for autism spectrum disorder and other developmental disabilities as early as practicable, given evidence-based screening techniques and interventions;

(4)

promote evidence-based screening techniques and interventions for individuals with autism spectrum disorder and other developmental disabilities across their lifespan, which may give consideration to the perspectives of parents and guardians;

(5)

increase the number of individuals who are able to confirm or rule out a diagnosis of autism spectrum disorder and other developmental disabilities;

(6)

increase the number of individuals able to provide evidence-based interventions for individuals diagnosed with autism spectrum disorder or other developmental disabilities; and

(7)

promote the use of evidence-based interventions for individuals at increased likelihood for autism spectrum disorder and other developmental disabilities as early as practicable.

(c) Information and education
(1) In general

In carrying out subsection (b)(1), the Secretary, in collaboration with the Secretary of Education and the Secretary of Agriculture, shall, subject to the availability of appropriations, provide culturally and linguistically appropriate information regarding autism spectrum disorder and other developmental disabilities, risk factors, characteristics, identification, diagnosis or rule out, and evidence-based interventions to meet the needs of individuals with autism spectrum disorder and other developmental disabilities across their lifespan and the needs of their families through—

(A)

Federal programs, including—

(i)

the Head Start program;

(ii)

the Early Start program;

(iii)

the Healthy Start program;

(iv)

programs under the Child Care and Development Block Grant Act of 1990 [42 U.S.C. 9857 et seq.];

(v)

programs under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] (particularly the Medicaid Early and Periodic Screening, Diagnosis and Treatment Program);

(vi)

the program under title XXI of the Social Security Act [42 U.S.C. 1397aa et seq.] (the State Children’s Health Insurance Program);

(vii)

the program under title V of the Social Security Act [42 U.S.C. 701 et seq.] (the Maternal and Child Health Block Grant Program);

(viii)

the program under parts B and C of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq., 1431 et seq.];

(ix)

the special supplemental nutrition program for women, infants, and children established under section 1786 of this title; and

(x)

the State grant program under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.].

(B)

State licensed child care facilities; and

(C)

other community-based organizations or points of entry for individuals with autism spectrum disorder and other developmental disabilities to receive services.

(2) Lead agency
(A) Designation

As a condition on the provision of assistance or the conduct of activities under this section with respect to a State, the Secretary may require the Governor of the State—

(i)

to designate a public agency as a lead agency to coordinate the activities provided for under paragraph (1) in the State at the State level; and

(ii)

acting through such lead agency, to make available to individuals and their family members, guardians, advocates, or authorized representatives; providers; and other appropriate individuals in the State, comprehensive culturally and linguistically appropriate information about State and local resources regarding autism spectrum disorder and other developmental disabilities, risk factors, characteristics, identification, diagnosis or rule out, available services and supports (which may include respite care for caregivers of individuals with autism spectrum disorder or other developmental disabilities), and evidence-based interventions.

(B) Requirements of agency

In designating the lead agency under subparagraph (A)(i), the Governor shall—

(i)

select an agency that has demonstrated experience and expertise in—

(I)

autism spectrum disorder and other developmental disability issues; and

(II)

developing, implementing, conducting, and administering programs and delivering education, information, and referral services (including technology-based curriculum-development services) to individuals with autism spectrum disorder and developmental disabilities and their family members, guardians, advocates or authorized representatives, providers, and other appropriate individuals locally and across the State; and

(ii)

consider input from individuals with autism spectrum disorder and developmental disabilities and their family members, guardians, advocates or authorized representatives, providers, and other appropriate individuals.

(C) Information

Information under subparagraph (A)(ii) shall be provided through—

(i)

toll-free telephone numbers;

(ii)

Internet websites;

(iii)

mailings; or

(iv)

such other means as the Governor may require.

(d) Tools
(1) In general

To promote the use of valid and reliable screening tools for autism spectrum disorder and other developmental disabilities, the Secretary shall develop a curriculum for continuing education to assist individuals in recognizing the need for valid and reliable screening tools and the use of such tools.

(2) Collection, storage, coordination, and availability

The Secretary, in collaboration with the Secretary of Education, shall provide for the collection, storage, coordination, and public availability of tools described in paragraph (1), educational materials and other products that are used by the Federal programs referred to in subsection (c)(1)(A), as well as—

(A)

programs authorized under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15001 et seq.];

(B)

early intervention programs or interagency coordinating councils authorized under part C of the Individuals with Disabilities Education Act [20 U.S.C. 1431 et seq.]; and

(C)

children with special health care needs programs authorized under title V of the Social Security Act [42 U.S.C. 701 et seq.].

(3) Required sharing

In establishing mechanisms and entities under this subsection, the Secretary, and the Secretary of Education, shall ensure the sharing of tools, materials, and products developed under this subsection among entities receiving funding under this section.

(e) Diagnosis
(1) Training

The Secretary, in coordination with activities conducted under title V of the Social Security Act [42 U.S.C. 701 et seq.], shall, subject to the availability of appropriations, expand, and strengthen the capacity of, existing interdisciplinary training opportunities or opportunities to increase the number of sites able to diagnose or rule out individuals with autism spectrum disorder or other developmental disabilities across their lifespan and ensure that—

(A)

competitive grants or cooperative agreements are awarded to public or nonprofit agencies, including institutions of higher education, to expand and strengthen the capacity of existing, or, in States that do not have such a program, develop new, maternal and child health interdisciplinary leadership education in neurodevelopmental and related disabilities programs (similar to the programs developed under section 501(a)(2) of the Social Security Act [42 U.S.C. 701(a)(2)]);

(B)

trainees under such training programs—

(i)

receive an appropriate balance of academic, clinical, and community opportunities;

(ii)

are culturally competent;

(iii)

are ethnically diverse;

(iv)

demonstrate a capacity to evaluate, diagnose or rule out, develop, and provide evidence-based interventions to individuals with autism spectrum disorder and other developmental disabilities across their lifespan; and

(v)

demonstrate an ability to use a family-centered approach, which may include collaborating with research centers or networks to provide training for providers of respite care (as defined in section 300ii of this title) or other providers, as applicable; and

(C)

program sites—

(i)

provide culturally and linguistically appropriate services;

(ii)

take a multidisciplinary approach and have experience working with underserved populations; and

(iii)

identify opportunities to partner with community-based organizations to expand the capacity of communities to serve individuals with autism spectrum disorder or other developmental disabilities.

(2) Developmental-behavioral pediatrician training programs
(A) In general

In making awards under this subsection, the Secretary may prioritize awards to applicants that are developmental-behavioral pediatrician training programs located in rural or underserved areas.

(B) Definition of underserved area

In this paragraph, the term “underserved area” means—

(i)

a health professional shortage area (as defined in section 254e(a)(1)(A) of this title); and

(ii)

an urban or rural area designated by the Secretary as an area with a shortage of personal health services (as described in section 254b(b)(3)(A) of this title).

(C) Report

Not later than 2 years after December 23, 2024, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that examines the need for, and feasibility of, expanding the developmental-behavioral pediatrician training programs described in subparagraph (A).

(3) Technical assistance

The Secretary may award one or more grants under this section to provide technical assistance to the network of interdisciplinary training programs.

(4) Best practices

The Secretary shall promote research into additional valid and reliable tools for shortening the time required to confirm or rule out a diagnosis of autism spectrum disorder or other developmental disabilities and detecting individuals with autism spectrum disorder or other developmental disabilities at an earlier age.

(f) Intervention

The Secretary shall promote research through grants or contracts, which may include grants or contracts to research centers or networks, to—

(1)

develop and evaluate evidence-based practices and interventions to improve outcomes for individuals with autism spectrum disorder or other developmental disabilities by addressing physical and behavioral health and communication needs of such individuals across the lifespan;

(2)

develop guidelines for such evidence-based practices and interventions; and

(3)

disseminate information related to such evidence-based practices and interventions and guidelines.

(g) Sunset

This section shall not apply after September 30, 2029.

Source credit: (July 1, 1944, ch. 373, title III, § 399BB, as added Pub. L. 109–416, § 3(a), Dec. 19, 2006, 120 Stat. 2823; amended Pub. L. 112–32, § 2(2), Sept. 30, 2011, 125 Stat. 361; Pub. L. 113–157, § 4, Aug. 8, 2014, 128 Stat. 1831; Pub. L. 116–60, § 3(b), Sept. 30, 2019, 133 Stat. 1111; Pub. L. 118–83, div. B, title II, § 201(b), Sept. 26, 2024, 138 Stat. 1537; Pub. L. 118–180, § 3(b), Dec. 23, 2024, 138 Stat. 2616.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 109-416 · 120 Stat. 2823
  • 2011Amended · Pub. L. 112-32 · 125 Stat. 361
  • 2014Amended · Pub. L. 113-157 · 128 Stat. 1831
  • 2019Amended · Pub. L. 116-60 · 133 Stat. 1111
  • 2024Amended · Pub. L. 118-83 · 138 Stat. 1537
  • 2024Amended · Pub. L. 118-180 · 138 Stat. 2616

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-416 on 1944-07-01.

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