42 U.S.C. § 300x–2 — Certain agreements

submitted 82 years ago by Pub. L. 102-321 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 580 words · no verdicts yet

in plain englishAI-generated · not legal advice

States getting mental health grants must gradually increase spending on integrated services for children with serious emotional disturbances, unless waived. Services must come from qualified community programs, and community mental health centers must meet listed standards, like 24-hour emergency care and serving anyone regardless of ability to pay.

(a) Allocation for systems of integrated services for children — (1) In general. For its fiscal year 1993 grant, the State must spend at least 10 percent more on the integrated children's services system described in section 300x–1(b)(9) than it spent in 1992. For 1994, it must spend at least 10 percent more than it spent in 1993. For every year after that, it must keep spending at least what it spent in 1994. (2) Waiver. On the State's request, the Secretary can waive all or part of this if the State is already providing an adequate level of services — judged by comparing how many children need the services to how available they are. The Secretary must decide within 120 days, and any waiver only covers that one fiscal year. (b) Providers of services — The State must agree that: services under its plan will only be delivered through qualified community programs, which can include community mental health centers, child mental-health programs, psychosocial rehabilitation programs, peer-support programs, and consumer-directed programs; and services delivered through community mental health centers can only go through centers that meet the standards in subsection (c). (c) Criteria for mental health centers — To qualify, a center must: (1) Provide, mainly to people living in its defined service area: outpatient services (including special services for children, the elderly, people with a serious mental illness, and people just discharged from inpatient care); 24-hour emergency care; day treatment, partial hospitalization, or psychosocial rehabilitation services; and screening for people being considered for admission to a State mental health facility. (2) Offer its mental health services, within its capacity, to anyone living or working in its service area regardless of whether they can pay. (3) Make its services available and accessible promptly, in a way that respects people's dignity and ensures continuous, high-quality care.

the actual law source: uscode.house.gov ↗public domain

(a) Allocation for systems of integrated services for children

(1) In general

With respect to children with a serious emotional disturbance, a funding agreement for a grant under section 300x of this title is that—

(A)

in the case of a grant for fiscal year 1993, the State involved will expend not less than 10 percent of the grant to increase (relative to fiscal year 1992) funding for the system of integrated services described in section 300x–1(b)(9) 1 of this title;

(B)

in the case of a grant for fiscal year 1994, the State will expend not less than 10 percent of the grant to increase (relative to fiscal year 1993) funding for such system; and

(C)

in the case of a grant for any subsequent fiscal year, the State will expend for such system not less than an amount equal to the amount expended by the State for fiscal year 1994.

(2) Waiver

(A)

Upon the request of a State, the Secretary may provide to the State a waiver of all or part of the requirement established in paragraph (1) if the Secretary determines that the State is providing an adequate level of comprehensive community mental health services for children with a serious emotional distrubance,2 as indicated by a comparison of the number of such children for which such services are sought with the availability in the State of the services.

(B)

The Secretary shall approve or deny a request for a waiver under subparagraph (A) not later than 120 days after the date on which the request is made.

(C)

Any waiver provided by the Secretary under subparagraph (A) shall be applicable only to the fiscal year involved.

(b) Providers of services

A funding agreement for a grant under section 300x of this title for a State is that, with respect to the plan submitted under section 300x–1(a) of this title for the fiscal year involved—

(1)

services under the plan will be provided only through appropriate, qualified community programs (which may include community mental health centers, child mental-health programs, psychosocial rehabilitation programs, mental health peer-support programs, and mental-health primary consumer-directed programs); and

(2)

services under the plan will be provided through community mental health centers only if the centers meet the criteria specified in subsection (c).

The criteria referred to in subsection (b)(2) regarding community mental health centers are as follows:

(1)

With respect to mental health services, the centers provide services as follows:

(A)

Services principally to individuals residing in a defined geographic area (hereafter in this subsection referred to as a “service area”).

(B)

Outpatient services, including specialized outpatient services for children, the elderly, individuals with a serious mental illness, and residents of the service areas of the centers who have been discharged from inpatient treatment at a mental health facility.

(C)

24-hour-a-day emergency care services.

(D)

Day treatment or other partial hospitalization services, or psychosocial rehabilitation services.

(E)

Screening for patients being considered for admission to State mental health facilities to determine the appropriateness of such admission.

(2)

The mental health services of the centers are provided, within the limits of the capacities of the centers, to any individual residing or employed in the service area of the center regardless of ability to pay for such services.

(3)

The mental health services of the centers are available and accessible promptly, as appropriate and in a manner which preserves human dignity and assures continuity and high quality care.

Source credit: (July 1, 1944, ch. 373, title XIX, § 1913, as added Pub. L. 102–321, title II, § 201(2), July 10, 1992, 106 Stat. 381.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 102-321 · 106 Stat. 381

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-321 on 1944-07-01.

all 0 arguments · sorted by: best

no arguments yet — make the first case