
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 3204(a)]
[CITE: 42USC300x-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
    Part B--Block Grants Regarding Mental Health and Substance Abuse
 
      subpart i--block grants for community mental health services
 
Sec. 300x-1. State plan for comprehensive community mental 
        health services for certain individuals
        

(a) In general

    The Secretary may make a grant under section 300x of this title only 
if--
        (1) the State involved submits to the Secretary a plan for 
    providing comprehensive community mental health services to adults 
    with a serious mental illness and to children with a serious 
    emotional disturbance;
        (2) the plan meets the criteria specified in subsection (b) of 
    this section; and
        (3) the plan is approved by the Secretary.

(b) Criteria for plan

    With respect to the provision of comprehensive community mental 
health services to individuals who are either adults with a serious 
mental illness or children with a serious emotional disturbance, the 
criteria referred to in subsection (a) of this section regarding a plan 
are as follows:
        (1) The plan provides for the establishment and implementation 
    of an organized community-based system of care for such individuals.
        (2) The plan contains quantitative targets to be achieved in the 
    implementation of such system, including the numbers of such 
    individuals residing in the areas to be served under such system.
        (3) The plan describes available services, available treatment 
    options, and available resources (including Federal, State and local 
    public services and resources, and to the extent practicable, 
    private services and resources) to be provided such individuals.
        (4) The plan describes health and mental health services, 
    rehabilitation services, employment services, housing services, 
    educational services, medical and dental care, and other support 
    services to be provided to such individuals with Federal, State and 
    local public and private resources to enable such individuals to 
    function outside of inpatient or residential institutions to the 
    maximum extent of their capabilities, including services to be 
    provided by local school systems under the Individuals with 
    Disabilities Education Act [20 U.S.C. 1400 et seq.].
        (5) The plan describes the financial resources and staffing 
    necessary to implement the requirements of such plan, including 
    programs to train individuals as providers of mental health 
    services, and the plan emphasizes training of providers of emergency 
    health services regarding mental health.
        (6) The plan provides for activities to reduce the rate of 
    hospitalization of such individuals.
        (7)(A) Subject to subparagraph (B), the plan requires the 
    provision of case management services to each such individual in the 
    State who receives substantial amounts of public funds or services.
        (B) The plan may provide that the requirement of subparagraph 
    (A) will not be substantially completed until the end of fiscal year 
    1993.
        (8) The plan provides for the establishment and implementation 
    of a program of outreach to, and services for, such individuals who 
    are homeless.
        (9) In the case of children with a serious emotional 
    disturbance, the plan--
            (A) subject to subparagraph (B), provides for a system of 
        integrated social services, educational services, juvenile 
        services, and substance abuse services that, together with 
        health and mental health services, will be provided in order for 
        such children to receive care appropriate for their multiple 
        needs (which system includes services provided under the 
        Individuals with Disabilities Education Act [20 U.S.C. 1400 et 
        seq.]);
            (B) provides that the grant under section 300x of this title 
        for the fiscal year involved will not be expended to provide any 
        service of such system other than comprehensive community mental 
        health services; and
            (C) provides for the establishment of a defined geographic 
        area for the provision of the services of such system.

        (10) The plan describes the manner in which mental health 
    services will be provided to individuals residing in rural areas.
        (11) The plan contains an estimate of the incidence and 
    prevalence in the State of serious mental illness among adults and 
    serious emotional disturbance among children.
        (12) The plan contains a description of the manner in which the 
    State intends to expend the grant under section 300x of this title 
    for the fiscal year involved to carry out the provisions of the plan 
    required in paragraphs (1) through (11).

(c) Definitions regarding mental illness and emotional disturbance; 
        methods for estimate of incidence and prevalence

    (1) Establishment by Secretary of definitions; dissemination

        For purposes of this subpart, the Secretary shall establish 
    definitions for the terms ``adults with a serious mental illness'' 
    and ``children with a serious emotional disturbance''. The Secretary 
    shall disseminate the definitions to the States.

                      (2) Standardized methods

        The Secretary shall establish standardized methods for making 
    the estimates required in subsection (b)(11) of this section with 
    respect to a State. A funding agreement for a grant under section 
    300x of this title for the State is that the State will utilize such 
    methods in making the estimates.

            (3) Date certain for compliance by Secretary

        Not later than 90 days after July 10, 1992, the Secretary shall 
    establish the definitions described in paragraph (1), shall begin 
    dissemination of the definitions to the States, and shall establish 
    the standardized methods described in paragraph (2).

(d) Requirement of implementation of plan

                     (1) Complete implementation

        Except as provided in paragraph (2), in making a grant under 
    section 300x of this title to a State for a fiscal year, the 
    Secretary shall make a determination of the extent to which the 
    State has implemented the plan required in subsection (a) of this 
    section. If the Secretary determines that a State has not completely 
    implemented the plan, the Secretary shall reduce the amount of the 
    allotment under section 300x of this title for the State for the 
    fiscal year involved by an amount equal to 10 percent of the amount 
    determined under section 300x-7 of this title for the State for the 
    fiscal year.

        (2) Substantial implementation and good faith effort 
                         regarding fiscal year 1993

        (A) In making a grant under section 300x of this title to a 
    State for fiscal year 1993, the Secretary shall make a determination 
    of the extent to which the State has implemented the plan required 
    in subsection (a) of this section. If the Secretary determines that 
    the State has not substantially implemented the plan, the Secretary 
    shall, subject to subparagraph (B), reduce the amount of the 
    allotment under section 300x of this title for the State for such 
    fiscal year by an amount equal to 10 percent of the amount 
    determined under section 300x-7 of this title for the State for the 
    fiscal year.
        (B) In carrying out subparagraph (A), if the Secretary 
    determines that the State is making a good faith effort to implement 
    the plan required in subsection (a) of this section, the Secretary 
    may make a reduction under such subparagraph in an amount that is 
    less than the amount specified in such subparagraph, except that the 
    reduction may not be made in an amount that is less than 5 percent 
    of the amount determined under section 300x-7 of this title for the 
    State for fiscal year 1993.

(July 1, 1944, ch. 373, title XIX, Sec. 1912, as added Pub. L. 102-321, 
title II, Sec. 201(2), July 10, 1992, 106 Stat. 379.)

                       References in Text

    The Individuals with Disabilities Education Act, referred to in 
subsec. (b)(4), (9)(A), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 
Stat. 175, as amended, which is classified generally to chapter 33 
(Sec. 1400 et seq.) of Title 20, Education. For complete classification 
of this Act to the Code, see section 1400 of Title 20 and Tables.


                            Prior Provisions

    Prior sections 300x-1 to 300x-1b were repealed by Pub. L. 102-321, 
title II, Sec. 201(2), July 10, 1992, 106 Stat. 378.
    Section 300x-1, act July 1, 1944, ch. 373, title XIX, Sec. 1912, as 
added Oct. 19, 1984, Pub. L. 98-509, title I, Sec. 102(a), 98 Stat. 
2353, authorized grants for training of employees adversely affected by 
changes in delivery of mental health services and for providing 
assistance in securing employment.
    Another prior section 300x-1, act July 1, 1944, ch. 373, title XIX, 
Sec. 1912, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 
Stat. 543; amended Jan. 4, 1983, Pub. L. 97-414, Sec. 8(t), 96 Stat. 
2062; Oct. 19, 1984, Pub. L. 98-509, title I, Sec. 106(e), 98 Stat. 
2358, contained provisions relating to grants and allotment of grants 
for alcohol, drug abuse, and mental health services, prior to repeal by 
section 102(a) of Pub. L. 98-509.
    Section 300x-1a, act July 1, 1944, ch. 373, title XIX, Sec. 1912A, 
as added and amended Nov. 18, 1988, Pub. L. 100-690, title II, 
Secs. 2022(a)-(c), 2023, 102 Stat. 4194, 4196, 4197; Aug. 16, 1989, Pub. 
L. 101-93, Sec. 2(a), 103 Stat. 603, related to allotments of grants for 
alcohol, drug abuse, and mental health services.
    Another prior section 300x-1a, act July 1, 1944, ch. 373, title XIX, 
Sec. 1913, as added Oct. 19, 1984, Pub. L. 98-509, title I, Sec. 102(a), 
98 Stat. 2353, was transferred to section 300x-1b of this title.
    Section 300x-1b, act July 1, 1944, ch. 373, title XIX, Sec. 1913, as 
added Oct. 19, 1984, Pub. L. 98-509, title I, Sec. 102(a), 98 Stat. 
2353; amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2022(d), 
102 Stat. 4197; Aug. 16, 1989, Pub. L. 101-93, Sec. 2(b), 103 Stat. 605, 
related to allotments to States and Indian tribes or tribal 
organizations for alcohol, drug abuse, and mental health services.

                  Section Referred to in Other Sections

    This section is referred to in sections 300x, 300x-2, 300x-4, 300x-
6, 300x-8, 300x-51, 300x-54, 300x-55 of this title.
