
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: 42USC300x-2]

 
                 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-2. Certain agreements


(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) 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,\1\ 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.
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    \1\ So in original. Probably should be ``disturbance,''.
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        (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) of this section.

(c) Criteria for mental health centers

    The criteria referred to in subsection (b)(2) of this section 
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.

(July 1, 1944, ch. 373, title XIX, Sec. 1913, as added Pub. L. 102-321, 
title II, Sec. 201(2), July 10, 1992, 106 Stat. 381.)


                            Prior Provisions

    A prior section 300x-2, act July 1, 1944, ch. 373, title XIX, 
Sec. 1914, formerly Sec. 1913, as added Aug. 13, 1981, Pub. L. 97-35, 
title IX, Sec. 901, 95 Stat. 545; renumbered Sec. 1914 and amended Oct. 
19, 1984, Pub. L. 98-509, title I, Sec. 106(a), (c)-(e), (g), 98 Stat. 
2358, 2359; Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2022(e), 102 
Stat. 4197; Aug. 16, 1989, Pub. L. 101-93, Sec. 2(c)(1), 103 Stat. 605, 
related to payment to States of allotments of grants for alcohol, drug 
abuse, and mental health services, prior to repeal by Pub. L. 102-321, 
Sec. 201(2).
    A prior section 1913 of act July 1, 1944, was classified to section 
300x-1b of this title and repealed by Pub. L. 102-321.
