
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC290ff-3]

 
                 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-3. Additional provisions


(a) Optional services

    In addition to services described in subsection (c) of section 
290ff-1 of this title, a system of care under subsection (a) of such 
section may, in expending a grant under section 290ff(a) of this title, 
provide for--
        (1) preliminary assessments to determine whether a child should 
    be provided access to the system;
        (2) training in--
            (A) the administration of the system;
            (B) the provision of intensive home-based services under 
        paragraph (4) of section 290ff-1(c) of this title, intensive day 
        treatment under paragraph (5) of such section, and foster care 
        or group homes under paragraph (7) of such section; and
            (C) the development of individualized plans for purposes of 
        section 290ff-2 of this title;

        (3) recreational activities for children provided access to the 
    system; and
        (4) such other services as may be appropriate in providing for 
    the comprehensive needs with respect to mental health of children 
    with a serious emotional disturbance.

(b) Comprehensive plan

    The Secretary may make a grant under section 290ff(a) of this title 
only if, with respect to the jurisdiction of the public entity involved, 
the entity has submitted to the Secretary, and has had approved by the 
Secretary, a plan for the development of a jurisdiction-wide system of 
care for community-based services for children with a serious emotional 
disturbance that specifies the progress the public entity has made in 
developing the jurisdiction-wide system, the extent of cooperation 
across agencies serving children in the establishment of the system, the 
Federal and non-Federal resources currently committed to the 
establishment of the system, and the current gaps in community services 
and the manner in which the grant under section 290ff(a) of this title 
will be expended to address such gaps and establish local systems of 
care.

(c) Limitation on imposition of fees for services

    A funding agreement for a grant under section 290ff(a) of this title 
is that, if a charge is imposed for the provision of services under the 
grant, such charge--
        (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 family of the 
    child involved; and
        (3) will not be imposed on any child whose family has income and 
    resources of equal to or less than 100 percent of the official 
    poverty line, as established by the Director of the Office of 
    Management and Budget and revised by the Secretary in accordance 
    with section 9902(2) of this title.

(d) Relationship to items and services under other programs

    A funding agreement for a grant under section 290ff(a) of this title 
is that the grant, and the non-Federal contributions made with respect 
to the grant, will not be expended to make payment for any item or 
service to the extent that payment has been made, or can reasonably be 
expected to be made, with respect to such item or service--
        (1) under any State compensation program, under an insurance 
    policy, or under any Federal or State health benefits program; or
        (2) by an entity that provides health services on a prepaid 
    basis.

(e) Limitation on administrative expenses

    A funding agreement for a grant under section 290ff(a) of this title 
is that not more than 2 percent of the grant will be expended for 
administrative expenses incurred with respect to the grant by the public 
entity involved.

(f) Reports to Secretary

    A funding agreement for a grant under section 290ff(a) of this title 
is that the public entity involved will annually submit to the Secretary 
a report on the activities of the entity under the grant that includes a 
description of the number of children provided access to systems of care 
operated pursuant to the grant, the demographic characteristics of the 
children, the types and costs of services provided pursuant to the 
grant, the availability and use of third-party reimbursements, estimates 
of the unmet need for such services in the jurisdiction of the entity, 
and the manner in which the grant has been expended toward the 
establishment of a jurisdiction-wide system of care for children with a 
serious emotional disturbance, and such other information as the 
Secretary may require with respect to the grant.

(g) Description of intended uses of grant

    The Secretary may make a grant under section 290ff(a) of this title 
only if--
        (1) the public entity involved submits to the Secretary a 
    description of the purposes for which the entity intends to expend 
    the grant;
        (2) the description identifies the populations, areas, and 
    localities in the jurisdiction of the entity with a need for 
    services under this section; and
        (3) the description provides information relating to the 
    services and activities to be provided, including a description of 
    the manner in which the services and activities will be coordinated 
    with any similar services or activities of public or nonprofit 
    entities.

(h) Requirement of application

    The Secretary may make a grant under section 290ff(a) of this title 
only if an application for the grant is submitted to the Secretary, the 
application contains the description of intended uses required in 
subsection (g) of this section, and the application is in such form, is 
made in such manner, and contains such agreements, assurances, and 
information as the Secretary determines to be necessary to carry out 
this section.

(July 1, 1944, ch. 373, title V, Sec. 564, as added Pub. L. 102-321, 
title I, Sec. 119, July 10, 1992, 106 Stat. 355.)


                             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.

                  Section Referred to in Other Sections

    This section is referred to in section 290ff-1 of this title.
