
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3301(a)]
[CITE: 42USC290bb-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
      SUBCHAPTER III-A--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
                             ADMINISTRATION
 
                      Part B--Centers and Programs
 
             subpart 1--center for substance abuse treatment
 
Sec. 290bb-1. Residential treatment programs for pregnant and 
        postpartum women
        

(a) In general

    The Director of the Center for Substance Abuse Treatment shall 
provide awards of grants, cooperative agreement, or contracts to public 
and nonprofit private entities for the purpose of providing to pregnant 
and postpartum women treatment for substance abuse through programs in 
which, during the course of receiving treatment--
        (1) the women reside in facilities provided by the programs;
        (2) the minor children of the women reside with the women in 
    such facilities, if the women so request; and
        (3) the services described in subsection (d) of this section are 
    available to or on behalf of the women.

(b) Availability of services for each participant

    A funding agreement for an award under subsection (a) of this 
section for an applicant is that, in the program operated pursuant to 
such subsection--
        (1) treatment services and each supplemental service will be 
    available through the applicant, either directly or through 
    agreements with other public or nonprofit private entities; and
        (2) the services will be made available to each woman admitted 
    to the program.

(c) Individualized plan of services

    A funding agreement for an award under subsection (a) of this 
section for an applicant is that--
        (1) in providing authorized services for an eligible woman 
    pursuant to such subsection, the applicant will, in consultation 
    with the women, prepare an individualized plan for the provision to 
    the woman of the services; and
        (2) treatment services under the plan will include--
            (A) individual, group, and family counseling, as 
        appropriate, regarding substance abuse; and
            (B) follow-up services to assist the woman in preventing a 
        relapse into such abuse.

(d) Required supplemental services

    In the case of an eligible woman, the services referred to in 
subsection (a)(3) of this section are as follows:
        (1) Prenatal and postpartum health care.
        (2) Referrals for necessary hospital services.
        (3) For the infants and children of the woman--
            (A) pediatric health care, including treatment for any 
        perinatal effects of maternal substance abuse and including 
        screenings regarding the physical and mental development of the 
        infants and children;
            (B) counseling and other mental health services, in the case 
        of children; and
            (C) comprehensive social services.

        (4) Providing supervision of children during periods in which 
    the woman is engaged in therapy or in other necessary health or 
    rehabilitative activities.
        (5) Training in parenting.
        (6) Counseling on the human immunodeficiency virus and on 
    acquired immune deficiency syndrome.
        (7) Counseling on domestic violence and sexual abuse.
        (8) Counseling on obtaining employment, including the importance 
    of graduating from a secondary school.
        (9) Reasonable efforts to preserve and support the family units 
    of the women, including promoting the appropriate involvement of 
    parents and others, and counseling the children of the women.
        (10) Planning for and counseling to assist reentry into society, 
    both before and after discharge, including referrals to any public 
    or nonprofit private entities in the community involved that provide 
    services appropriate for the women and the children of the women.
        (11) Case management services, including--
            (A) assessing the extent to which authorized services are 
        appropriate for the women and their children;
            (B) in the case of the services that are appropriate, 
        ensuring that the services are provided in a coordinated manner; 
        and
            (C) assistance in establishing eligibility for assistance 
        under Federal, State, and local programs providing health 
        services, mental health services, housing services, employment 
        services, educational services, or social services.

(e) Minimum qualifications for receipt of award

             (1) Certification by relevant State agency

        With respect to the principal agency of the State involved that 
    administers programs relating to substance abuse, the Director may 
    make an award under subsection (a) of this section to an applicant 
    only if the agency has certified to the Director that--
            (A) the applicant has the capacity to carry out a program 
        described in subsection (a) of this section;
            (B) the plans of the applicant for such a program are 
        consistent with the policies of such agency regarding the 
        treatment of substance abuse; and
            (C) the applicant, or any entity through which the applicant 
        will provide authorized services, meets all applicable State 
        licensure or certification requirements regarding the provision 
        of the services involved.

                   (2) Status as medicaid provider

        (A) Subject to subparagraphs (B) and (C), the Director may make 
    an award under subsection (a) of this section only if, in the case 
    of any authorized service that is available pursuant to the State 
    plan approved under title XIX of the Social Security Act [42 U.S.C. 
    1396 et seq.] for the State involved--
            (i) the applicant for the award will provide the service 
        directly, and the applicant has entered into a participation 
        agreement under the State plan and is qualified to receive 
        payments under such plan; or
            (ii) the applicant will enter into an agreement with a 
        public or nonprofit private entity under which the entity will 
        provide the service, and the entity has entered into such a 
        participation agreement plan and is qualified to receive such 
        payments.

        (B)(i) In the case of an entity making an agreement pursuant to 
    subparagraph (A)(ii) regarding the provision of services, the 
    requirement established in such subparagraph regarding a 
    participation agreement shall be waived by the Director if the 
    entity does not, in providing health care services, impose a charge 
    or accept reimbursement available from any third-party payor, 
    including reimbursement under any insurance policy or under any 
    Federal or State health benefits plan.
        (ii) A determination by the Director of whether an entity 
    referred to in clause (i) meets the criteria for a waiver under such 
    clause shall be made without regard to whether the entity accepts 
    voluntary donations regarding the provision of services to the 
    public.
        (C) With respect to any authorized service that is available 
    pursuant to the State plan described in subparagraph (A), the 
    requirements established in such subparagraph shall not apply to the 
    provision of any such service by an institution for mental diseases 
    to an individual who has attained 21 years of age and who has not 
    attained 65 years of age. For purposes of the preceding sentence, 
    the term ``institution for mental diseases'' has the meaning given 
    such term in section 1905(i) of the Social Security Act [42 U.S.C. 
    1396d(i)].

(f) Requirement of matching funds

                           (1) In general

        With respect to the costs of the program to be carried out by an 
    applicant pursuant to subsection (a) of this section, a funding 
    agreement for an award under such subsection is that the applicant 
    will make available (directly or through donations from public or 
    private entities) non-Federal contributions toward such costs in an 
    amount that--
            (A) for the first fiscal year for which the applicant 
        receives payments under an award under such subsection, is not 
        less than $1 for each $9 of Federal funds provided in the award;
            (B) for any second such fiscal year, is not less than $1 for 
        each $9 of Federal funds provided in the award; and
            (C) for any subsequent such fiscal year, is not less than $1 
        for each $3 of Federal funds provided in the award.

               (2) Determination of amount contributed

        Non-Federal contributions required in paragraph (1) may be in 
    cash or in kind, fairly evaluated, including plant, equipment, or 
    services. Amounts provided by the Federal Government, or services 
    assisted or subsidized to any significant extent by the Federal 
    Government, may not be included in determining the amount of such 
    non-Federal contributions.

(g) Outreach

    A funding agreement for an award under subsection (a) of this 
section for an applicant is that the applicant will provide outreach 
services in the community involved to identify women who are engaging in 
substance abuse and to encourage the women to undergo treatment for such 
abuse.

(h) Accessibility of program; cultural context of services

    A funding agreement for an award under subsection (a) of this 
section for an applicant is that--
        (1) the program operated pursuant to such subsection will be 
    operated at a location that is accessible to low-income pregnant and 
    postpartum women; and
        (2) authorized services will be provided in the language and the 
    cultural context that is most appropriate.

(i) Continuing education

    A funding agreement for an award under subsection (a) of this 
section is that the applicant involved will provide for continuing 
education in treatment services for the individuals who will provide 
treatment in the program to be operated by the applicant pursuant to 
such subsection.

(j) Imposition of charges

    A funding agreement for an award under subsection (a) of this 
section for an applicant is that, if a charge is imposed for the 
provision of authorized services to on \1\ behalf of an eligible woman, 
such charge--
---------------------------------------------------------------------------
    \1\ So in original. Probably should be preceded by ``or''.
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        (1) will be made according to a schedule of charges that is made 
    available to the public;
        (2) will be adjusted to reflect the income of the woman 
    involved; and
        (3) will not be imposed on any such woman with an income of less 
    than 185 percent of the official poverty line, as established by the 
    Director of the Office for Management and Budget and revised by the 
    Secretary in accordance with section 9902(2) of this title.

(k) Reports to Director

    A funding agreement for an award under subsection (a) of this 
section is that the applicant involved will submit to the Director a 
report--
        (1) describing the utilization and costs of services provided 
    under the award;
        (2) specifying the number of women served, the number of infants 
    served, and the type and costs of services provided; and
        (3) providing such other information as the Director determines 
    to be appropriate.

(l) Requirement of application

    The Director may make an award under subsection (a) of this section 
only if an application for the award is submitted to the Director 
containing such agreements, and the application is in such form, is made 
in such manner, and contains such other agreements and such assurances 
and information as the Director determines to be necessary to carry out 
this section.

(m) Equitable allocation of awards

    In making awards under subsection (a) of this section, the Director 
shall ensure that the awards are equitably allocated among the principal 
geographic regions of the United States, subject to the availability of 
qualified applicants for the awards.

(n) Duration of award

    The period during which payments are made to an entity from an award 
under subsection (a) of this section may not exceed 5 years. The 
provision of such payments shall be subject to annual approval by the 
Director of the payments and subject to the availability of 
appropriations for the fiscal year involved to make the payments. This 
subsection may not be construed to establish a limitation on the number 
of awards under such subsection that may be made to an entity.

(o) Evaluations; dissemination of findings

    The Director shall, directly or through contract, provide for the 
conduct of evaluations of programs carried out pursuant to subsection 
(a) of this section. The Director shall disseminate to the States the 
findings made as a result of the evaluations.

(p) Reports to Congress

    Not later than October 1, 1994, the Director shall submit to the 
Committee on Energy and Commerce of the House of Representatives, and to 
the Committee on Labor and Human Resources of the Senate, a report 
describing programs carried out pursuant to this section. Every 2 years 
thereafter, the Director shall prepare a report describing such programs 
carried out during the preceding 2 years, and shall submit the report to 
the Administrator for inclusion in the biennial report under section 
290aa(k) of this title. Each report under this subsection shall include 
a summary of any evaluations conducted under subsection (m) of this 
section during the period with respect to which the report is prepared.

(q) Definitions

    For purposes of this section:
        (1) The term ``authorized services'' means treatment services 
    and supplemental services.
        (2) The term ``eligible woman'' means a woman who has been 
    admitted to a program operated pursuant to subsection (a) of this 
    section.
        (3) The term ``funding agreement under subsection (a)'' of this 
    section, with respect to an award under subsection (a) of this 
    section, means that the Director may make the award only if the 
    applicant makes the agreement involved.
        (4) The term ``treatment services'' means treatment for 
    substance abuse, including the counseling and services described in 
    subsection (c)(2) of this section.
        (5) The term ``supplemental services'' means the services 
    described in subsection (d) of this section.

(r) Authorization of appropriations

                           (1) In general

        For the purpose of carrying out this section and section 290bb-2 
    of this title, there are authorized to be appropriated $100,000,000 
    for fiscal year 1993, and such sums as may be necessary for fiscal 
    year 1994.

                            (2) Transfer

        For the purpose described in paragraph (1), in addition to the 
    amounts authorized in such paragraph to be appropriated for a fiscal 
    year, there is authorized to be appropriated for the fiscal year 
    from the special forfeiture fund of the Director of the Office of 
    National Drug Control Policy such sums as may be necessary.

                      (3) Rule of construction

        The amounts authorized in this subsection to be appropriated are 
    in addition to any other amounts that are authorized to be 
    appropriated and are available for the purpose described in 
    paragraph (1).

(July 1, 1944, ch. 373, title V, Sec. 508, as added Pub. L. 102-321, 
title I, Sec. 108(a), July 10, 1992, 106 Stat. 336.)

                       References in Text

    The Social Security Act, referred to in subsec. (e)(2)(A), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Act 
is classified generally to subchapter XIX (Sec. 1396 et seq.) of chapter 
7 of this title. For complete classification of this Act to the Code, 
see section 1305 of this title and Tables.


                            Prior Provisions

    A prior section 290bb-1, act July 1, 1944, ch. 373, title V, 
Sec. 511, formerly Pub. L. 91-616, title V, Sec. 503, formerly Sec. 504, 
as added Pub. L. 94-371, Sec. 7, July 26, 1976, 90 Stat. 1039; amended 
Pub. L. 95-622, title I, Sec. 110(d), Nov. 9, 1978, 92 Stat. 3420; Pub. 
L. 96-180, Sec. 16, Jan. 2, 1980, 93 Stat. 1305; renumbered Sec. 503 of 
Pub. L. 91-616 and amended Pub. L. 97-35, title IX, Sec. 965(b), (c), 
Aug. 13, 1981, 95 Stat. 594; renumbered Sec. 511 of act July 1, 1944, 
and amended Apr. 26, 1983, Pub. L. 98-24, Sec. 2(b)(9), 97 Stat. 179; 
Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4008, 100 Stat. 3207-115, 
which related to National Alcohol Research Centers and a mandatory grant 
for research of the effects of alcohol on the elderly, was renumbered 
section 464J of title IV of act July 1, 1944, by Pub. L. 102-321 and 
transferred to section 285n-2 of this title.
    A prior section 508 of act July 1, 1944, which was classified to 
section 290aa-6 of this title, was renumbered section 515 of act July 1, 
1944, by Pub. L. 102-321 and transferred to section 290bb-21 of this 
title.

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.


                             Effective Date

    Section effective Oct. 1, 1992, with provision for programs 
providing financial assistance, see section 801(c), (d) of Pub. L. 102-
321, set out as an Effective Date of 1992 Amendment note under section 
236 of this title.


                   Transitional and Savings Provisions

    Section 108(b) of Pub. L. 102-321 provided that:
    ``(1) Savings provision for completion of current projects.--
        ``(A) Subject to paragraph (2), in the case of any project for 
    which a grant under former section 509F [former 42 U.S.C. 290aa-13] 
    was provided for fiscal year 1992, the Secretary of Health and Human 
    Services may continue in effect the grant for fiscal year 1993 and 
    subsequent fiscal years, subject to the duration of any such grant 
    not exceeding the period determined by the Secretary in first 
    approving the grant. Subject to approval by the Administrator, such 
    grants may be administered by the Center for Substance Abuse 
    Prevention.
        ``(B) Subparagraph (A) shall apply with respect to a project 
    notwithstanding that the project is not eligible to receive a grant 
    under current section 508 or 509 [42 U.S.C. 290bb-1, 290bb-2].
    ``(2) Limitation on funding for certain projects.--With respect to 
the amounts appropriated for any fiscal year under current section 508, 
any such amounts appropriated in excess of the amount appropriated for 
fiscal year 1992 under former section 509F shall be available only for 
grants under current section 508.
    ``(3) Definitions.--For purposes of this subsection:
        ``(A) The term `former section 509F' means section 509F of the 
    Public Health Service Act [former 42 U.S.C. 290aa-13], as in effect 
    for fiscal year 1992.
        ``(B) The term `current section 508' means section 508 of the 
    Public Health Service Act [42 U.S.C. 290bb-1], as in effect for 
    fiscal year 1993 and subsequent fiscal years.
        ``(C) The term `current section 509' means section 509 of the 
    Public Health Service Act [42 U.S.C. 290bb-2], as in effect for 
    fiscal year 1993 and subsequent fiscal years.''
