
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 3105(a)]
[Document affected by Public Law 106-310 Section 3105(e)]
[CITE: 42USC290ff]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
      SUBCHAPTER III-A--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
                             ADMINISTRATION
 
          Part E--Children With Serious Emotional Disturbances
 
Sec. 290ff. Comprehensive community mental health services for 
        children with serious emotional disturbances
        

(a) Grants to certain public entities

                           (1) In general

        The Secretary, acting through the Director of the Center for 
    Mental Health Services, shall make grants to public entities for the 
    purpose of providing comprehensive community mental health services 
    to children with a serious emotional disturbance.

                    (2) ``Public entity'' defined

        For purposes of this part, the term ``public entity'' means any 
    State, any political subdivision of a State, and any Indian tribe or 
    tribal organization (as defined in section 450b(b) and section 
    450b(c) \1\ of title 25).
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    \1\ See References in Text note below.
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(b) Considerations in making grants

        (1) Requirement of status as grantee under part B of 
                               subchapter XVII

        The Secretary may make a grant under subsection (a) of this 
    section to a public entity only if--
            (A) in the case of a public entity that is a State, the 
        State is a grantee under section 300x of this title;
            (B) in the case of a public entity that is a political 
        subdivision of a State, the State in which the political 
        subdivision is located is such a grantee; and
            (C) in the case of a public entity that is an Indian tribe 
        or tribal organization, the State in which the tribe or tribal 
        organization is located is such a grantee.

           (2) Requirement of status as medicaid provider

        (A) Subject to subparagraph (B), the Secretary may make a grant 
    under subsection (a) of this section only if, in the case of any 
    service under such subsection that is covered in 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 public entity involved will provide the service 
        directly, and the entity has entered into a participation 
        agreement under the State plan and is qualified to receive 
        payments under such plan; or
            (ii) the public entity will enter into an agreement with an 
        organization under which the organization will provide the 
        service, and the organization has entered into such a 
        participation agreement and is qualified to receive such 
        payments.

        (B)(i) In the case of an organization making an agreement under 
    subparagraph (A)(ii) regarding the provision of services under 
    subsection (a) of this section, the requirement established in such 
    subparagraph regarding a participation agreement shall be waived by 
    the Secretary if the organization does not, in providing health or 
    mental health 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 
    program.
        (ii) A determination by the Secretary of whether an organization 
    referred to in clause (i) meets the criteria for a waiver under such 
    clause shall be made without regard to whether the organization 
    accepts voluntary donations regarding the provision of services to 
    the public.

                     (3) Certain considerations

        In making grants under subsection (a) of this section, the 
    Secretary shall--
            (A) equitably allocate such assistance among the principal 
        geographic regions of the United States;
            (B) consider the extent to which the public entity involved 
        has a need for the grant; and
            (C) in the case of any public entity that is a political 
        subdivision of a State or that is an Indian tribe or tribal 
        organization--
                (i) shall consider any comments regarding the 
            application of the entity for such a grant that are received 
            by the Secretary from the State in which the entity is 
            located; and
                (ii) shall give special consideration to the entity if 
            the State agrees to provide a portion of the non-Federal 
            contributions required in subsection (c) of this section 
            regarding such a grant.

(c) Matching funds

                           (1) In general

        A funding agreement for a grant under subsection (a) of this 
    section is that the public entity involved will, with respect to the 
    costs to be incurred by the entity in carrying out the purpose 
    described in such subsection, 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 entity receives 
        payments from a grant under such subsection, is not less than $1 
        for each $3 of Federal funds provided in the grant;
            (B) for any second or third such fiscal year, is not less 
        than $1 for each $3 of Federal funds provided in the grant;
            (C) for any fourth such fiscal year, is not less than $1 for 
        each $1 of Federal funds provided in the grant; and
            (D) for any fifth such fiscal year, is not less than $2 for 
        each $1 of Federal funds provided in the grant.

               (2) Determination of amount contributed

        (A) 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.
        (B) In making a determination of the amount of non-Federal 
    contributions for purposes of subparagraph (A), the Secretary may 
    include only non-Federal contributions in excess of the average 
    amount of non-Federal contributions made by the public entity 
    involved toward the purpose described in subsection (a) of this 
    section for the 2-year period preceding the first fiscal year for 
    which the entity receives a grant under such section.

(July 1, 1944, ch. 373, title V, Sec. 561, as added Pub. L. 102-321, 
title I, Sec. 119, July 10, 1992, 106 Stat. 349; amended Pub. L. 103-43, 
title XX, Sec. 2017(1), June 10, 1993, 107 Stat. 218.)

                       References in Text

    Subsections (b) and (c) of section 450b of title 25, referred to in 
subsec. (a)(2), do not contain definitions of the terms ``Indian tribe'' 
and ``tribal organization''. However, such terms are defined elsewhere 
in section 450b of Title 25, Indians.
    The Social Security Act, referred to in subsec. (b)(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 290ff, act July 1, 1944, ch. 373, title V, Sec. 561, 
as added Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2081(a), 102 
Stat. 4216, which related to action by National Institute on Drug Abuse 
and States concerning military facilities, was renumbered section 513 of 
act July 1, 1944, by Pub. L. 102-321 and transferred to section 290bb-6 
of this title.


                               Amendments

    1993--Subsec. (a)(2). Pub. L. 103-43, Sec. 2017(1)(A), substituted 
``this part'' for ``this subpart''.
    Subsec. (b)(1)(B), (C). Pub. L. 103-43, Sec. 2017(1)(B), substituted 
``is such a grantee'' for ``is receiving such payments''.


                             Effective Date

    Part 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 290ff-1, 290ff-2, 290ff-3, 
290ff-4 of this title.
