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42 U.S.C. § 290bb–42Improving uptake and patient access to integrated care services

submitted 82 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,595 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may give grants to states working with community mental health programs or health centers. The money helps combine physical and mental health care in one place, especially the psychiatric collaborative care model. Grantees can get up to $2,000,000 a year and must report results and limit administrative spending.

(a) Definitions (1) Eligible entity: A state or state agency, working together with either (A) qualified community mental health programs, or (B) health centers, rural health clinics, federally qualified health centers, or primary care practices serving adults or children. (2) Integrated care; bidirectional integrated care: "Integrated care" means models — including the psychiatric collaborative care model — that coordinate and jointly deliver behavioral and physical health care, sometimes in the same space. "Bidirectional integrated care" means combining behavioral health with specialty physical health care, and combining primary or physical care within behavioral health settings. (3) Psychiatric collaborative care model: This means integrated care where (A) the primary care team directs care; (B) there is structured care management; (C) a patient's clinical status is regularly checked with proper tools; and (D) treatment changes as needed. (4) Special population: This means (A) adults with serious mental illness or co-occurring physical conditions; (B) children or teens with serious emotional disturbance plus a physical condition; (C) people with a substance use disorder; or (D) people with mental illness plus a substance use disorder. (b) Grants and cooperative agreements (1) In general: The Secretary may give grants to eligible entities to improve integrated physical and behavioral care. (2) Use of funds: The money must (A) promote full integration of physical and behavioral care, including for special populations; (B) improve integrated-care models to boost overall wellness; (C) help entities provide bidirectional integrated care, including screening, diagnosis, prevention, treatment, and recovery for mental or substance use disorders and physical conditions; and (D) for entities working with a primary care practice, support evidence-based integrated care, including the psychiatric collaborative care model, through hiring staff, setting up contracts with other providers like psychiatric consultants and behavioral health managers, buying or upgrading software including patient registries, and other purposes the Secretary approves. (c) Applications (1) In general: Eligible entities apply the Secretary's way, with the contents below. (2) Contents for awards: The application should include, as applicable: (A) a plan to reach full agreements for bidirectional integrated care to special populations; (B) a summary of policy barriers and steps to fix them; (C) a description of partnerships with local providers, especially in tribal, rural, or underserved areas short on mental health workers; (D) a plan to report performance measures for evaluating patient outcomes; (E) a plan or progress on the psychiatric collaborative care model; (F) a plan or progress on other integrated-care models used by primary care practices; and (G) a sustainability plan for after the grant ends. (d) Grant and cooperative agreement amounts (1) Target amount: An entity can get up to $2,000,000 a year. (2) Adjustment permitted: The Secretary may adjust that target amount based on application quality and how many entities already got grants before December 29, 2022. (3) Limitation: A funded entity (A) cannot spend more than 10 percent of its award on administration, and (B) must spend the rest on health facilities providing integrated care. (e) Duration: A grant or cooperative agreement lasts no more than 5 years. (f) Report on program outcomes: Recipients must submit an annual report covering (1) progress reducing the barriers described in their application; (2) outcomes for each special population, including education, employment, and housing, or outcomes for the psychiatric collaborative care model; (3) progress on performance metrics; and (4) any other information the Secretary requires. (g) Technical assistance for primary-behavioral health care integration (1) Certain recipients: The Secretary may help grant recipients with (A) choosing integrated-care models; (B) spreading evidence-based practices; (C) building organizational systems; and (D) implementing the psychiatric collaborative care model when working with primary care practices. (2) Additional dissemination: The Secretary may also give this kind of help to other states, tribes, mental health centers, certified community behavioral health clinics, federally qualified health centers, rural clinics, primary care practices, and community organizations doing similar work. (h) Report to Congress: Within 18 months of December 29, 2022, and every year after, the Secretary must report to Congress on the results from subsection (f), progress on metrics, uptake of integrated care, and any adjustments to target funding amounts. (i) Funding (1) Authorization of appropriations: Congress authorized $60,000,000 for each fiscal year 2023 through 2027. (2) Increasing uptake of the psychiatric collaborative care model: At least 10 percent of that money must go toward getting primary care practices to use the psychiatric collaborative care model. (3) Funding contingency: That 10-percent rule only applies in a year where the total funding for this section is more than what was appropriated for fiscal year 2022, before December 29, 2022.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Eligible entity

The term “eligible entity” means a State, or an appropriate State agency, in collaboration with—

(A)

1 or more qualified community programs as described in section 300x–2(b)(1) of this title; or

(B)

1 or more health centers (as defined in section 254b(a) of this title), rural health clinics (as defined in section 1395x(aa) of this title), or Federally qualified health centers (as defined in such section), or primary care practices serving adult or pediatric patients or both.

(2) Integrated care; bidirectional integrated care
(A)

The term “integrated care” means collaborative models, including the psychiatric collaborative care model and other evidence-based or evidence-informed models, or practices for coordinating and jointly delivering behavioral and physical health services, which may include practices that share the same space in the same facility.

(B)

The term “bidirectional integrated care” means the integration of behavioral health care and specialty physical health care, and the integration of primary and physical health care within specialty behavioral health settings, including within primary health care settings.

(3) Psychiatric collaborative care model

The term “psychiatric collaborative care model” means the evidence-based, integrated behavioral health service delivery method that includes—

(A)

care directed by the primary care team;

(B)

structured care management;

(C)

regular assessments of clinical status using developmentally appropriate, validated tools; and

(D)

modification of treatment as appropriate.

(4) Special population

The term “special population” means—

(A)

adults with a serious mental illness or adults who have co-occurring mental illness and physical health conditions or chronic disease;

(B)

children and adolescents with a serious emotional disturbance who have a co-occurring physical health condition or chronic disease;

(C)

individuals with a substance use disorder; or

(D)

individuals with a mental illness who have a co-occurring substance use disorder.

(b) Grants and cooperative agreements
(1) In general

The Secretary may award grants and cooperative agreements to eligible entities to support the improvement of integrated care for physical and behavioral health care in accordance with paragraph (2).

(2) Use of funds

A grant or cooperative agreement awarded under this section shall be used—

(A)

to promote full integration and collaboration in clinical practices between physical and behavioral health care, including for special populations;

(B)

to support the improvement of integrated care models for physical and behavioral health care to improve overall wellness and physical health status, including for special populations;

(C)

to promote the implementation and improvement of bidirectional integrated care services provided at entities described in subsection (a)(1), including evidence-based or evidence-informed screening, assessment, diagnosis, prevention, treatment, and recovery services for mental and substance use disorders, and co-occurring physical health conditions and chronic diseases; and

(D)

in the case of an eligible entity that is collaborating with a primary care practice, to support the implementation of evidence-based or evidence-informed integrated care models, including the psychiatric collaborative care model, including—

(i)

by hiring staff;

(ii)

by identifying and formalizing contractual relationships with other health care providers or other relevant entities offering care management and behavioral health consultation to facilitate the adoption of integrated care, including, as applicable, providers who will function as psychiatric consultants and behavioral health care managers in providing behavioral health integration services through the collaborative care model;

(iii)

by purchasing or upgrading software and other resources, as applicable, needed to appropriately provide behavioral health integration, including resources needed to establish a patient registry and implement measurement-based care; and

(iv)

for such other purposes as the Secretary determines to be applicable and appropriate.

(c) Applications
(1) In general

An eligible entity that is seeking a grant or cooperative agreement under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the contents described in paragraph (2).

(2) Contents for awards

Any such application of an eligible entity seeking a grant or cooperative agreement under this section shall include, as applicable—

(A)

a description of a plan to achieve fully collaborative agreements to provide bidirectional integrated care to special populations;

(B)

a summary of the policies, if any, that are barriers to the provision of integrated care, and the specific steps, if applicable, that will be taken to address such barriers;

(C)

a description of partnerships or other arrangements with local health care providers to provide services to special populations and, as applicable, in areas with demonstrated need, such as Tribal, rural, or other medically underserved communities, such as those with a workforce shortage of mental health and substance use disorder, pediatric mental health, or other related professionals;

(D)

an agreement and plan to report to the Secretary performance measures necessary to evaluate patient outcomes and facilitate evaluations across participating projects; and

(E)

a description of the plan or progress in implementing the psychiatric collaborative care model, as applicable and appropriate;

(F)

a description of the plan or progress of evidence-based or evidence-informed integrated care models other than the psychiatric collaborative care model implemented by primary care practices, as applicable and appropriate; and

(G)

a plan for sustainability beyond the grant or cooperative agreement period under subsection (e).

(d) Grant and cooperative agreement amounts
(1) Target amount

The target amount that an eligible entity may receive for a year through a grant or cooperative agreement under this section shall be no more than $2,000,000.

(2) Adjustment permitted

The Secretary, taking into consideration the quality of an eligible entity’s application and the number of eligible entities that received grants under this section prior to December 29, 2022, may adjust the target amount that an eligible entity may receive for a year through a grant or cooperative agreement under this section.

(3) Limitation

An eligible entity that is receiving funding under subsection (b)—

(A)

may not allocate more than 10 percent of the funds awarded to such eligible entity under this section to administrative functions; and

(B)

shall allocate the remainder of such funding to health facilities that provide integrated care.

(e) Duration

A grant or cooperative agreement under this section shall be for a period not to exceed 5 years.

(f) Report on program outcomes

An eligible entity receiving a grant or cooperative agreement under this section shall submit an annual report to the Secretary. Such annual report shall include—

(1)

the progress made to reduce barriers to integrated care as described in the entity’s application under subsection (c);

(2)

a description of outcomes with respect to each special population listed in subsection (a)(4), including outcomes related to education, employment, and housing, or, as applicable and appropriate, outcomes for such populations receiving behavioral health care through the psychiatric collaborative care model in primary care practices; and

(3)

progress in meeting performance metrics and other relevant benchmarks; and

(4)

such other information that the Secretary may require.

(g) Technical assistance for primary-behavioral health care integration
(1) Certain recipients

The Secretary may provide appropriate information, training, and technical assistance to eligible entities that receive a grant or cooperative agreement under subsection (b)(2), in order to help such entities meet the requirements of this section, including assistance with—

(A)

development and selection of integrated care models;

(B)

dissemination of evidence-based interventions in integrated care;

(C)

establishment of organizational practices to support operational and administrative success; and

(D)

as appropriate, appropriate information, training, and technical assistance in implementing the psychiatric collaborative care model when an eligible entity is collaborating with 1 or more primary care practices for the purposes of implementing the psychiatric collaborative care model.

(2) Additional dissemination of technical information

In addition to providing the assistance described in paragraph (1) to recipients of a grant or cooperative agreement under this section, the Secretary may also provide such assistance to other States and political subdivisions of States, Indian Tribes and Tribal organizations, as those terms are defined in section 5304 of title 25, outpatient mental health and addiction treatment centers, community mental health centers that meet the criteria under section 300x–2(c) of this title, certified community behavioral health clinics described in section 223 of the Protecting Access to Medicare Act of 2014, primary care organizations such as Federally qualified health centers or rural health clinics as defined in section 1395x(aa) of this title, primary health care practices, the community-based organizations, and other entities engaging in integrated care activities, as the Secretary determines appropriate.

(h) Report to Congress

Not later than 18 months after December 29, 2022, and annually thereafter, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives summarizing the information submitted in reports to the Secretary under subsection (f), including progress made in meeting performance metrics and the uptake of integrated care models, any adjustments made to target amounts pursuant to subsection (d)(2), and any other relevant information.

(i) Funding
(1) Authorization of appropriations

To carry out this section, there is authorized to be appropriated $60,000,000 for each of fiscal years 2023 through 2027.

(2) Increasing uptake of the psychiatric collaborative care model by primary care practices

Not less than 10 percent of funds appropriated to carry out this section shall be for the purposes of implementing the psychiatric collaborative care model implemented by primary care practices under subsection (b).

(3) Funding contingency

Paragraph (2) shall not apply to a fiscal year unless the amount made available to carry out this section for such fiscal year exceeds the amount appropriated to carry out this section (as in effect before December 29, 2022) for fiscal year 2022.

Source credit: (July 1, 1944, ch.373, title V, § 520K, as added Pub. L. 111–148, title V, § 5604, Mar. 23, 2010, 124 Stat. 679; amended Pub. L. 114–255, div. B, title IX, § 9003, Dec. 13, 2016, 130 Stat. 1235; Pub. L. 117–328, div. FF, title I, § 1301, Dec. 29, 2022, 136 Stat. 5692.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 111-148 · 124 Stat. 679
  • 2016Amended · Pub. L. 114-255 · 130 Stat. 1235
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5692

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 1944-07-01.

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