Union Calendar No. 276
117th CONGRESS 2d Session |
[Report No. 117–364, Part I]
To amend the Public Health Service Act to reauthorize certain programs relating to mental health and substance use disorders, and for other purposes.
May 6, 2022
Mr. Pallone (for himself and Mrs. Rodgers of Washington) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
June 13, 2022
Additional sponsor: Mr. Trone
June 13, 2022
Reported from the Committee on Energy and Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
June 13, 2022
Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 6, 2022]
To amend the Public Health Service Act to reauthorize certain programs relating to mental health and substance use disorders, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “Restoring Hope for Mental Health and Well-Being Act of 2022”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Behavioral Health Crisis Coordinating Office.
Sec. 102. Crisis response continuum of care.
Sec. 111. Screening and treatment for maternal mental health and substance use disorders.
Sec. 112. Maternal mental health hotline.
Sec. 113. Task force on maternal mental health.
Sec. 121. Innovation for mental health.
Sec. 122. Crisis care coordination.
Sec. 123. Treatment of serious mental illness.
Sec. 131. Maintaining education and training on eating disorders.
Sec. 141. Reauthorization of block grants for community mental health services.
Sec. 151. Peer-supported mental health services.
Sec. 201. Behavioral health and substance use disorder services for Native Americans.
Sec. 211. Grants for the benefit of homeless individuals.
Sec. 212. Priority substance abuse treatment needs of regional and national significance.
Sec. 213. Evidence-based prescription opioid and heroin treatment and interventions demonstration.
Sec. 214. Priority substance use disorder prevention needs of regional and national significance.
Sec. 215. Sober Truth on Preventing (STOP) Underage Drinking Reauthorization.
Sec. 216. Grants for jail diversion programs.
Sec. 217. Formula grants to States.
Sec. 218. Projects for Assistance in Transition From Homelessness.
Sec. 219. Grants for reducing overdose deaths.
Sec. 220. Opioid overdose reversal medication access and education grant programs.
Sec. 221. State demonstration grants for comprehensive opioid abuse response.
Sec. 222. Emergency department alternatives to opioids.
Sec. 231. Clarifying the role of SAMHSA in promoting the availability of high-quality recovery housing.
Sec. 232. Developing guidelines for States to promote the availability of high-quality recovery housing.
Sec. 233. Coordination of Federal activities to promote the availability of recovery housing.
Sec. 234. NAS study and report.
Sec. 235. Grants for States to promote the availability of recovery housing and services.
Sec. 236. Funding.
Sec. 237. Technical correction.
Sec. 241. Eliminating stigmatizing language relating to substance use.
Sec. 242. Authorized activities.
Sec. 243. Requirements relating to certain infectious diseases and human immunodeficiency virus.
Sec. 244. State plan requirements.
Sec. 245. Updating certain language relating to Tribes.
Sec. 246. Block grants for substance use prevention, treatment, and recovery services.
Sec. 247. Requirement of reports and audits by States.
Sec. 248. Study on assessment for use in distribution of limited State resources.
Sec. 251. Study on exemptions for treatment of opioid use disorder through opioid treatment programs during the COVID–19 public health emergency.
Sec. 252. Changes to Federal opioid treatment standards.
Sec. 261. Prohibition.
Sec. 262. Eliminating additional requirements for dispensing narcotic drugs in schedule III, IV, and V for maintenance or detoxification treatment.
Sec. 263. Requiring prescribers of controlled substances to complete training.
Sec. 301. Increasing uptake of the collaborative care model.
Sec. 311. Reauthorization and provision of certain programs to strengthen the health care workforce.
Sec. 321. Eliminating the opt-out for nonfederal governmental health plans.
Sec. 331. Grants to support mental health and substance use disorder parity implementation.
Sec. 401. Pediatric mental health care access grants.
Sec. 402. Infant and early childhood mental health promotion, intervention, and treatment.
Sec. 411. Comprehensive Community Mental Health Services for Children with Serious Emotional Disturbances.
Sec. 412. Substance Use Disorder Treatment and Early Intervention Services for Children and Adolescents.
Sec. 421. Suicide prevention technical assistance center.
Sec. 422. Youth suicide early intervention and prevention strategies.
Sec. 423. Mental health and substance use disorder services for students in higher education.
Sec. 424. Mental and behavioral health outreach and education at institutions of higher education.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following:
“SEC. 506B. Behavioral Health Crisis Coordinating Office.
“(a) In general.—The Secretary shall establish, within the Substance Abuse and Mental Health Services Administration, an office to coordinate work relating to behavioral health crisis care across the operating divisions and agencies of the Department of Health and Human Services, including the Substance Abuse and Mental Health Services Administration, the Centers for Medicare & Medicaid Services, and the Health Resources and Services Administration, and external stakeholders.
“(b) Duty.—The office established under subsection (a) shall—
“(2) launch and manage Federal workgroups charged with making recommendations regarding behavioral health crisis issues, including with respect to health care best practices, workforce development, mental health disparities, data collection, technology, program oversight, public awareness, and engagement; and
“(3) support technical assistance, data analysis, and evaluation functions in order to assist States, localities, Territories, Tribes, and Tribal communities to develop crisis care systems and establish nationwide best practices with the objective of expanding the capacity of, and access to, local crisis call centers, mobile crisis care, crisis stabilization, psychiatric emergency services, and rapid post-crisis follow-up care provided by—
“(B) community mental health centers (as defined in section 1861(ff)(3)(B) of the Social Security Act);
Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb–31 et seq.) is amended by adding at the end the following:
“SEC. 520N. Crisis response continuum of care.
“(a) In general.—The Secretary shall publish best practices for a crisis response continuum of care for use by health care providers, crisis services administrators, and crisis services providers in responding to individuals (including children and adolescents) experiencing mental health crises, substance-related crises, and crises arising from co-occurring disorders.
“(b) Best practices.—
“(1) SCOPE OF BEST PRACTICES.—The best practices published under subsection (a) shall define—
“(A) a minimum set of core crisis response services, as determined by the Secretary, for each entity that furnishes such services, that—
“(2) IDENTIFICATION OF ESSENTIAL FUNCTIONS.—The best practices published under subsection (a) shall identify the essential functions of each service in the crisis response continuum, which shall include at least the following:
“(A) Identification of resources for referral and enrollment in continuing mental health, substance use, or other human services relevant for the individual in crisis where necessary.
“(C) Development of protocols and agreements for the transfer and receipt of individuals to and from other segments of the crisis response continuum segments as needed, and from outside referrals including health care providers, first responders including law enforcement, paramedics, and firefighters, education institutions, and community-based organizations.
“(D) Description of the qualifications of crisis services staff, including roles for physicians, licensed clinicians, case managers, and peers (in accordance with State licensing requirements or requirements applicable to Tribal health professionals).
“(E) The convening of collaborative meetings of crisis response service providers, first responders including law enforcement, paramedics, and firefighters, and community partners (including National Suicide Prevention Lifeline or 9–8–8 call centers, 9–1–1 public service answering points, and local mental health and substance use disorder treatment providers) operating in a common region for the discussion of case management, best practices, and general performance improvement.
“(3) SERVICE CAPACITY AND QUALITY BEST PRACTICES.—The best practices under subsection (a) shall include recommendations on—
“(C) capacity to meet the needs of different patient populations that may experience a mental health or substance use crisis, including children, families, and all age groups, cultural and linguistic minorities, individuals with co-occurring mental health and substance use disorders, individuals with cognitive disabilities, individuals with developmental delays, and individuals with chronic medical conditions and physical disabilities.
“(4) IMPLEMENTATION TIMEFRAME.—The Secretary shall—
“(5) DATA COLLECTION AND EVALUATIONS.—The Secretary, directly or through grants, contracts, or interagency agreements, shall collect data and conduct evaluations with respect to the provision of services and programs offered on the crisis response continuum for purposes of assessing the extent to which the provision of such services and programs meet certain objectives and outcomes measures as determined by the Secretary. Such objectives shall include—
“(A) a reduction in reliance on law enforcement response, as appropriate, to individuals in crisis who would be more appropriately served by a mobile crisis team capable of responding to mental health and substance-related crises;
(a) In general.—Section 317L–1 of the Public Health Service Act (42 U.S.C. 247b–13a) is amended—
(1) in the section heading, by striking “maternal depression” and inserting “maternal mental health and substance use disorders”; and
(2) in subsection (a)—
(A) by inserting “, Indian Tribes and Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act), and Urban Indian organizations (as such term is defined under the Federally Recognized Indian Tribe List Act of 1994)” after “States”; and
(b) Application.—Subsection (b) of section 317L–1 of the Public Health Service Act (42 U.S.C. 247b–13a) is amended—
(c) Priority.—Subsection (c) of section 317L–1 of the Public Health Service Act (42 U.S.C. 247b–13a) is amended—
(1) by striking “may give priority to States proposing to improve or enhance access to screening” and inserting the following: “shall give priority to entities listed in subsection (a) that—
(2) by striking “maternal depression” and inserting “maternal mental health and substance use disorders”;
(3) by striking the period at the end of paragraph (1), as so designated, and inserting a semicolon; and
(4) by inserting after such paragraph (1) the following:
“(2) are currently partnered with, or will partner with, a community-based organization to address maternal mental health and substance use disorders;
(d) Use of funds.—Subsection (d) of section 317L–1 of the Public Health Service Act (42 U.S.C. 247b–13a) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking “to health care providers; and” and inserting “on maternal mental health and substance use disorder screening, brief intervention, treatment (as applicable for health care providers), and referrals for treatment to health care providers in the primary care setting and nonclinical perinatal support workers;”;
(B) in subparagraph (B), by striking “to health care providers, including information on maternal depression screening, treatment, and followup support services, and linkages to community-based resources; and” and inserting “on maternal mental health and substance use disorder screening, brief intervention, treatment (as applicable for health care providers) and referrals for treatment, follow-up support services, and linkages to community-based resources to health care providers in the primary care setting and clinical perinatal support workers; and”; and
(C) by adding at the end the following:
“(C) enabling health care providers (such as obstetrician-gynecologists, nurse practitioners, nurse midwives, pediatricians, psychiatrists, mental and other behavioral health care providers, and adult primary care clinicians) to provide or receive real-time psychiatric consultation (in-person or remotely), including through the use of technology-enabled collaborative learning and capacity building models (as defined in section 330N), to aid in the treatment of pregnant and postpartum women; and”; and
(2) in paragraph (2)—
(A) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively;
(D) by inserting after subparagraph (B), as redesignated, the following:
“(C) providing assistance to pregnant and postpartum women to receive maternal mental health and substance use disorder treatment, including patient consultation, care coordination, and navigation for such treatment;
“(D) coordinating with maternal and child health programs of the Federal Government and State, local, and Tribal governments, including child psychiatric access programs;
“(F) creating multistate consortia to carry out the activities required or authorized under this subsection; and
“(G) training health care providers in the primary care setting and nonclinical perinatal support workers on trauma-informed care, culturally and linguistically appropriate services, and best practices related to training to improve the provision of maternal mental health and substance use disorder care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care.”.
(e) Additional provisions.—Section 317L–1 of the Public Health Service Act (42 U.S.C. 247b–13a) is amended—
(2) by inserting after subsection (d) the following:
“(e) Technical assistance.—The Secretary shall provide technical assistance to grantees and entities listed in subsection (a) for carrying out activities pursuant to this section.
“(f) Dissemination of best practices.—The Secretary, based on evaluation of the activities funded pursuant to this section, shall identify and disseminate evidence-based or evidence-informed best practices for screening, assessment, and treatment services for maternal mental health and substance use disorders, including culturally and linguistically appropriate services, for women during pregnancy and 12 months following pregnancy.
(f) Authorization of appropriations.—Subsection (h) of section 317L–1 (42 U.S.C. 247b–13a) of the Public Health Service Act, as redesignated, is further amended—
Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following:
“SEC. 399V–7. Maternal mental health hotline.
“(a) In general.—The Secretary shall maintain, directly or by grant or contract, a national hotline to provide emotional support, information, brief intervention, and mental health and substance use disorder resources to pregnant and postpartum women at risk of, or affected by, maternal mental health and substance use disorders, and to their families or household members.
“(b) Requirements for hotline.—The hotline under subsection (a) shall—
“(3) be staffed by certified peer specialists, licensed health care professionals, or licensed mental health professionals who are trained on—
“(4) provide maternal mental health and substance use disorder assistance and referral services to meet the needs of underserved populations, individuals with disabilities, and family and household members of pregnant or postpartum women at risk of experiencing maternal mental health and substance use disorders.
“(c) Additional requirements.—In maintaining the hotline under subsection (a), the Secretary shall—
Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317L–1 (42 U.S.C. 247b–13a) the following:
“SEC. 317L–2. Task force on maternal mental health.
“(a) Establishment.—Not later than 180 days after the date of enactment of the Restoring Hope for the Mental Health and Well-Being Act of 2022, the Secretary, for purposes of identifying, evaluating, and making recommendations to coordinate and improve Federal responses to maternal mental health conditions, shall—
“(b) Membership.—
“(2) FEDERAL MEMBERS.—The Federal members of the Task Force shall consist of the following heads of Federal departments and agencies (or their designees):
“(A) The Assistant Secretary for Health of the Department of Health and Human Services, who shall serve as Chair.
“(3) NON-FEDERAL MEMBERS.—The non-Federal members of the Task Force shall—
“(4) DEADLINE FOR DESIGNATING DESIGNEES.—If the Assistant Secretary for Health, or the head of a Federal department or agency serving as a member of the Task Force under paragraph (2), chooses to be represented on the Task Force by a designee, the Assistant Secretary or department or agency head shall designate such designee not later than 90 days after the date of the enactment of this section.
“(c) Duties.—The Task Force shall—
“(1) prepare and regularly update a report that analyzes and evaluates the state of national maternal mental health policy and programs at the Federal, State, and local levels, and identifies best practices with respect to maternal mental health policy, including—
“(A) a set of evidence-based, evidence-informed, and promising practices with respect to—
“(i) prevention strategies for individuals at risk of experiencing a maternal mental health condition, including strategies and recommendations to address health inequities;
“(ii) the identification, screening, diagnosis, intervention, and treatment of individuals and families affected by a maternal mental health condition;
“(2) develop and regularly update a national strategy for maternal mental health, taking into consideration the findings of the report under paragraph (1), on how the Task Force and Federal departments and agencies represented on the Task Force may prioritize options for, and may implement a coordinated approach to, addressing maternal mental health conditions, including by—
“(A) increasing prevention, screening, diagnosis, intervention, treatment, and access to care, including clinical and nonclinical care such as peer-support and community health workers, through the public and private sectors;
“(B) providing support for pregnant or postpartum individuals who are at risk for or experiencing a maternal mental health condition, and their families, as appropriate;
“(C) reducing racial, ethnic, geographic, and other health disparities for prevention, diagnosis, intervention, treatment, and access to care;
“(D) identifying options for modifying, strengthening, and coordinating Federal programs and activities, such as the Medicaid program under title XIX of the Social Security Act and the State Children’s Health Insurance Program under title XXI of such Act, including existing infant and maternity programs, in order to increase research, prevention, identification, intervention, and treatment with respect to maternal mental health; and
“(3) solicit public comments from stakeholders for the report under paragraph (1) and the national strategy under paragraph (2), including comments from frontline service providers, mental health professionals, researchers, experts in maternal mental health, institutions of higher education, public health agencies (including maternal and child health programs), and industry representatives, in order to inform the activities and reports of the Task Force; and
“(e) Reports to Public and Federal Leaders.—The Task Force shall make publicly available and submit to the heads of relevant Federal departments and agencies, the Committee on Energy and Commerce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and other relevant congressional committees, the following:
“(1) Not later than 1 year after the first meeting of the Task Force, an initial report under subsection (c)(1).
“(f) Reports to Governors.—Upon finalizing the initial national strategy under subsection (c)(2), and upon making relevant updates to such strategy, the Task Force shall submit a report to the Governors of all States describing opportunities for local- and State-level partnerships identified under subsection (c)(2)(D).
“(h) Nonduplication of Federal efforts.—The Secretary may relieve the Task Force, in carrying out subsections (c) through (f), from responsibility for carrying out such activities as may be specified by the Secretary as duplicative with other activities carried out by the Department of Health and Human Services.”.
(a) National Mental Health and Substance Use Policy Laboratory.—Section 501A of the Public Health Service Act (42 U.S.C. 290aa–0) is amended—
(b) Interdepartmental serious mental illness coordinating committee.—
(1) IN GENERAL.—Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by inserting after section 501A (42 U.S.C. 290aa–0) the following:
“SEC. 501B. Interdepartmental serious mental illness coordinating committee.
“(a) Establishment.—
“(c) Responsibilities.—The Committee shall submit, on a biannual basis, to Congress and any other relevant Federal department or agency a report including—
“(1) a summary of advances in serious mental illness and serious emotional disturbance research related to the prevention of, diagnosis of, intervention in, and treatment and recovery of serious mental illnesses, serious emotional disturbances, and advances in access to services and support for adults with a serious mental illness or children with a serious emotional disturbance;
“(2) an evaluation of the effect Federal programs related to serious mental illness have on public health, including public health outcomes such as—
“(A) rates of suicide, suicide attempts, incidence and prevalence of serious mental illnesses, serious emotional disturbances, and substance use disorders, overdose, overdose deaths, emergency hospitalizations, emergency room boarding, preventable emergency room visits, interaction with the criminal justice system, homelessness, and unemployment;
“(d) Membership.—
“(1) FEDERAL MEMBERS.—The Committee shall be composed of the following Federal representatives, or the designees of such representatives—
“(2) NON-FEDERAL MEMBERS.—The Committee shall also include not less than 14 non-Federal public members appointed by the Secretary of Health and Human Services, of which—
“(A) at least 2 members shall be an individual who has received treatment for a diagnosis of a serious mental illness;
“(B) at least 1 member shall be a parent or legal guardian of an adult with a history of a serious mental illness or a child with a history of a serious emotional disturbance;
“(C) at least 1 member shall be a representative of a leading research, advocacy, or service organization for adults with a serious mental illness;
“(D) at least 2 members shall be—
“(ii) a licensed psychologist with experience in treating serious mental illnesses or serious emotional disturbances;
“(E) at least 1 member shall be a licensed mental health professional with a specialty in treating children and adolescents with a serious emotional disturbance;
“(F) at least 1 member shall be a mental health professional who has research or clinical mental health experience in working with minorities;
“(G) at least 1 member shall be a mental health professional who has research or clinical mental health experience in working with medically underserved populations;
“(I) at least 1 member shall be a judge with experience in adjudicating cases related to criminal justice or serious mental illness;
“(3) TERMS.—A member of the Committee appointed under paragraph (2) shall serve for a term of 3 years, and may be reappointed for 1 or more additional 3-year terms. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member’s term until a successor has been appointed.
(2) CONFORMING AMENDMENTS.—
(A) Section 501(l)(2) of the Public Health Service Act (42 U.S.C. 290aa(l)(2)) is amended by striking “section 6031 of such Act” and inserting “section 501B of this Act”.
(B) Section 6031 of the Helping Families in Mental Health Crisis Reform Act of 2016 (Division B of Public Law 114–255) is repealed (and by conforming the item relating to such section in the table of contents in section 1(b)).
(c) Priority mental health needs of regional and national significance.—Section 520A of the Public Health Service Act (42 U.S.C. 290bb–32) is amended—
(a) Strengthening community crisis response systems.—Section 520F of the Public Health Service Act (42 U.S.C. 290bb–37) is amended to read as follows:
“SEC. 520F. Mental health crisis response partnership pilot program.
“(a) In general.—The Secretary shall establish a pilot program under which the Secretary will award competitive grants to States, localities, territories, Indian Tribes, and Tribal organizations to establish new, or enhance existing, mobile crisis response teams that divert the response for mental health and substance use crises from law enforcement to mobile crisis teams, as described in subsection (b).
“(b) Mobile crisis teams described.—A mobile crisis team described in this subsection is a team of individuals—
“(1) that is available to respond to individuals in crisis and provide immediate stabilization, referrals to community-based mental health and substance use disorder services and supports, and triage to a higher level of care if medically necessary;
“(c) Priority.—In awarding grants under this section, the Secretary shall prioritize applications which account for the specific needs of the communities to be served, including children and families, veterans, rural and underserved populations, and other groups at increased risk of death from suicide or overdose.
“(d) Report.—
“(1) INITIAL REPORT.—Not later than September 30, 2024, the Secretary shall submit to Congress a report on steps taken by the entities specified in subsection (a) as of such date of enactment to strengthen the partnerships among mental health providers, substance use disorder treatment providers, primary care physicians, mental health and substance use crisis teams, paramedics, law enforcement officers, and other first responders.
“(2) PROGRESS REPORTS.—Not later than one year after the date on which the first grant is awarded to carry out this section, and for each year thereafter, the Secretary shall submit to Congress a report on the grants made during the year covered by the report, which shall include—
“(A) impact data on the teams and people served by such programs, including demographic information of individuals served, volume, and types of service utilization;
“(B) outcomes of the number of linkages to community-based resources, short-term crisis receiving and stabilization facilities, and diversion from law enforcement or hospital emergency department settings;
(b) Mental health awareness training grants.—
(1) IN GENERAL.—Section 520J(b) of the Public Health Service Act (42 U.S.C. 290bb–41(b)) is amended—
(A) in paragraph (1), by striking “Indian tribes, tribal organizations” and inserting “Indian Tribes, Tribal organizations”;
(B) in paragraph (4), by striking “Indian tribe, tribal organization” and inserting “Indian Tribe, Tribal organization”;
(C) in paragraph (5)—
(2) TECHNICAL CORRECTIONS.—Section 520J(b) of the Public Health Service Act (42 U.S.C. 290bb–41(b)) is amended—
(c) Adult suicide prevention.—Section 520L of the Public Health Service Act (42 U.S.C. 290bb–43) is amended—
(a) Assertive community treatment grant program.—
(1) TECHNICAL AMENDMENT.—Section 520M(b) of the Public Health Service Act (42 U.S.C. 290bb–44(b)) is amended by striking “Indian tribe or tribal organization” and inserting “Indian Tribe or Tribal organization”.
(2) REPORT TO CONGRESS.—Section 520M(d)(1) of the Public Health Service Act (42 U.S.C. 290bb–44(d)(1)) is amended by striking “not later than the end of fiscal year 2021” and inserting “not later than the end of fiscal year 2026”.
(3) AUTHORIZATION OF APPROPRIATIONS.—Section 520M(e)(1) of the Public Health Service Act (42 U.S.C. 290bb–44(d)(1)) is amended by striking “$5,000,000 for the period of fiscal years 2018 through 2022” and inserting “$9,000,000 for each of fiscal years 2023 through 2027”.
(b) Assisted outpatient treatment.—Section 224 of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 290aa note) is amended to read as follows:
“SEC. 224. Assisted outpatient treatment grant program for individuals with serious mental illness.
“(a) In general.—The Secretary shall carry out a program to award grants to eligible entities for assisted outpatient treatment programs for individuals with serious mental illness.
“(b) Consultation.—The Secretary shall carry out this section in consultation with the Director of the National Institute of Mental Health, the Attorney General of the United States, the Administrator of the Administration for Community Living, and the Assistant Secretary for Mental Health and Substance Use.
“(c) Selecting among applicants.—In awarding grants under this section, the Secretary—
“(d) Program requirements.—An assisted outpatient treatment program funded with a grant awarded under this section shall include—
“(e) Report.—Not later than the end of fiscal year 2027, the Secretary shall submit a report to the appropriate congressional committees on the grant program under this section. Such report shall include an evaluation of the following:
“(f) Definitions.—In this section:
Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb–31 et seq.), as amended by section 102, is further amended by adding at the end the following:
“SEC. 520O. Center of Excellence for Eating Disorders for education and training on eating disorders.
“(a) In general.—The Secretary, acting through the Assistant Secretary, shall maintain, by competitive grant or contract, a Center of Excellence for Eating Disorders (referred to in this section as the ‘Center’) to improve the identification of, interventions for, and treatment of eating disorders in a manner that is developmentally, culturally, and linguistically appropriate.
“(b) Subgrants and subcontracts.—The Center shall coordinate and implement the activities under subsection (c), in whole or in part, by awarding competitive subgrants or subcontracts—
“(c) Activities.—The Center—
“(1) shall—
“(A) provide training and technical assistance for—
“(B) develop and provide training materials to health care providers, including primary care and behavioral health care providers, in the effective treatment and ongoing support of individuals with eating disorders, including children and marginalized populations at disproportionate risk for eating disorders;
“(C) provide collaboration and coordination to other centers of excellence, technical assistance centers, and psychiatric consultation lines of the Substance Abuse and Mental Health Services Administration and the Health Resources and Services Administration on the identification, effective treatment, and ongoing support of individuals with eating disorders; and
“(2) may—
“(A) coordinate with electronic health record systems for the integration of protocols pertaining to screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders;
(a) Funding.—Section 1920(a) of the Public Health Service Act (42 U.S.C. 300x–9(a)) is amended by striking “$532,571,000 for each of fiscal years 2018 through 2022” and inserting “$857,571,000 for each of fiscal years 2023 through 2027”.
(b) Set-Aside for evidence-based crisis care services.—Section 1920 of the Public Health Service Act (42 U.S.C. 300x–9) is amended by adding at the end the following:
“(d) Crisis care.—
“(1) IN GENERAL.—Except as provided in paragraph (3), a State shall expend at least 5 percent of the amount the State receives pursuant to section 1911 for each fiscal year to support evidenced-based programs that address the crisis care needs of—
“(2) CORE ELEMENTS.—At the discretion of the single State agency responsible for the administration of the program of the State under a grant under section 1911, funds expended pursuant to paragraph (1) may be used to fund some or all of the core crisis care service components, delivered according to evidence-based principles, including the following:
“(3) STATE FLEXIBILITY.—In lieu of expending 5 percent of the amount the State receives pursuant to section 1911 for a fiscal year to support evidence-based programs as required by paragraph (1), a State may elect to expend not less than 10 percent of such amount to support such programs by the end of two consecutive fiscal years.
(c) Early intervention.—
(1) STATE PLAN OPTION.—Section 1912(b)(1)(A)(vii) of the Public Health Service Act (42 U.S.C. 300x–1(b)(1)(A)(vii)) is amended—
(C) by adding at the end the following:
“(V) a description of any evidence-based early intervention strategies and programs the State provides to prevent, delay, or reduce the severity and onset of mental illness and behavioral problems, including for children and adolescents, irrespective of experiencing a serious mental illness or serious emotional disturbance, as defined under subsection (c)(1).”.
(2) ALLOCATION ALLOWANCE; REPORTS.—Section 1920 of the Public Health Service Act (42 U.S.C. 300x–9), as amended by subsection (c), is further amended by adding at the end the following:
“(e) Early intervention services.—In the case of a State with a State plan that provides for strategies and programs specified in section 1912(b)(1)(A)(vii)(VI), such State may expend not more than 5 percent of the amount of the allotment of the State pursuant to a funding agreement under section 1911 for each fiscal year to support such strategies and programs.
“(f) Reports to Congress.—Not later than September 30, 2025, and biennially thereafter, the Secretary shall provide a report to the Congress on the crisis care and early intervention strategies and programs pursued by States pursuant to subsections (d) and (e). Each such report shall include—
Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb—31 et seq.) is amended by inserting after section 520G (42 U.S.C. 290bb—38) the following:
“SEC. 520H. Peer-Supported mental health services.
“(a) Grants authorized.—The Secretary, acting through the Director of the Center for Mental Health Services, shall award grants to eligible entities to enable such entities to develop, expand, and enhance access to mental health peer-delivered services.
“(b) Use of funds.—Grants awarded under subsection (a) shall be used to develop, expand, and enhance national, statewide, or community-focused programs, including virtual peer-support services and infrastructure, including by—
“(1) carrying out workforce development, recruitment, and retention activities, to train, recruit, and retain peer-support providers;
“(2) building connections between mental health treatment programs, including between community organizations and peer-support networks, including virtual peer-support networks, and with other mental health support services;
“(4) expanding and improving virtual peer mental health support services, including adoption of technologies to expand access to virtual peer mental health support services, including by acquiring—
“(c) Special consideration.—In carrying out this section, the Secretary shall give special consideration to the unique needs of rural areas.
“(d) Definition.—In this section, the term ‘eligible entity’ means—
“(1) a nonprofit consumer-run organization that—
“(B) mobilizes resources within and outside of the mental health community, which may include through peer-support networks, to increase the prevalence and quality of long-term wellness of individuals living with a mental health condition, including those with a co-occurring substance use disorder; or
Section 506A of the Public Health Service Act (42 U.S.C. 290aa–5a) is amended to read as follows:
“SEC. 506A. Behavioral health and substance use disorder services for Native Americans.
“(a) Definitions.—In this section:
“(1) The term ‘eligible entity’ means an Indian Tribe, a Tribal organization, an Urban Indian organization, and a Native Hawaiian health organization.
“(b) Formula funds.—
“(1) IN GENERAL.—The Secretary, in consultation with the Director of the Indian Health Service, as appropriate, shall award funds to eligible entities, in amounts determined pursuant to the formula described in paragraph (2), to be used by the eligible entity to provide culturally appropriate mental health and substance use disorder prevention, treatment, and recovery services to American Indians, Alaska Natives, and Native Hawaiians.
“(2) FORMULA.—The Secretary, using the process described in subsection (d), shall develop a formula to determine the amount of an award under paragraph (1). Such formula shall take into account the populations of eligible entities whose rates of overdose deaths or suicide are substantially higher relative to the populations of other Indian Tribes, Tribal organizations, Urban Indian organizations, or Native Hawaiian health organizations, as applicable.
“(c) Technical assistance and program evaluation.—
“(d) Regulations.—
“(1) PROMULGATION.—Not later than 180 days after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5, United States Code, to negotiate and promulgate such regulations as are necessary to carry out this section, including development of the funding formula described in subsection (b) and the program evaluation and reporting requirements under subsection (c).
“(2) PUBLICATION.—Not later than 18 months after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, the Secretary shall publish in the Federal Register proposed regulations to implement this section.
“(3) COMMITTEE.—A negotiated rulemaking committee established pursuant to section 565 of title 5, United States Code, to carry out this subsection shall have as its members only representatives of the Federal Government, Tribal Governments, and Urban Indian organizations. For purposes of such rulemaking, the Indian Health Service shall be the lead agency for the Department.
“(e) Application.—An entity desiring an award under subsection (b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
“(f) Report.—Not later than 3 years after the date of the enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, and annually thereafter, the Secretary shall prepare and submit, to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report describing the services provided pursuant to this section.
Section 506(e) of the Public Health Service Act (42 U.S.C. 290aa–5(e)) is amended by striking “2018 through 2022” and inserting “2023 through 2027”.
Section 509 of the Public Health Service Act (42 U.S.C. 290bb–2) is amended—
(2) in subsection (a)—
Section 514B of the Public Health Service Act (42 U.S.C. 290bb–10) is amended—
(1) in subsection (a)(1)—
Section 516 of the Public Health Service Act (42 U.S.C. 290bb–22) is amended—
Section 519B of the Public Health Service Act (42 U.S.C. 290bb–25b) is amended—
(1) by amending subsection (a) to read as follows:
“(a) Definitions.—For purposes of this section:
“(1) The term ‘alcohol beverage industry’ means the brewers, vintners, distillers, importers, distributors, and retail or online outlets that sell or serve beer, wine, and distilled spirits.
(2) by striking subsections (c) through (g) and inserting the following:
“(c) Interagency coordinating committee; annual report on State underage drinking prevention and enforcement activities.—
“(1) INTERAGENCY COORDINATING COMMITTEE ON THE PREVENTION OF UNDERAGE DRINKING.—
“(A) IN GENERAL.—The Secretary, in collaboration with the Federal officials specified in subparagraph (B), shall continue to support and enhance the efforts of the interagency coordinating committee, that began operating in 2004, focusing on underage drinking (referred to in this subsection as the ‘Committee’).
“(B) OTHER AGENCIES.—The officials referred to in subparagraph (A) are the Secretary of Education, the Attorney General, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Defense, the Surgeon General, the Director of the Centers for Disease Control and Prevention, the Director of the National Institute on Alcohol Abuse and Alcoholism, the Assistant Secretary for Mental Health and Substance Use, the Director of the National Institute on Drug Abuse, the Assistant Secretary for Children and Families, the Director of the Office of National Drug Control Policy, the Administrator of the National Highway Traffic Safety Administration, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Chairman of the Federal Trade Commission, and such other Federal officials as the Secretary of Health and Human Services determines to be appropriate.
“(D) DUTIES.—The Committee shall guide policy and program development across the Federal Government with respect to underage drinking, provided, however, that nothing in this section shall be construed as transferring regulatory or program authority from an Agency to the Coordinating Committee.
“(E) CONSULTATIONS.—The Committee shall actively seek the input of and shall consult with all appropriate and interested parties, including States, public health research and interest groups, foundations, and alcohol beverage industry trade associations and companies.
“(F) ANNUAL REPORT.—
“(i) IN GENERAL.—The Secretary, on behalf of the Committee, shall annually submit to the Congress a report that summarizes—
“(I) all programs and policies of Federal agencies designed to prevent and reduce underage drinking, focusing particularly on programs and policies that support the adoption and enforcement of State policies designed to prevent and reduce underage drinking as specified in paragraph (2);
“(II) the extent of progress in preventing and reducing underage drinking at State and national levels;
“(ii) CERTAIN INFORMATION.—The report under clause (i) shall include information on the following:
“(I) Patterns and consequences of underage drinking as reported in research and surveys such as, but not limited to, Monitoring the Future, Youth Risk Behavior Surveillance System, the National Survey on Drug Use and Health, and the Fatality Analysis Reporting System.
“(II) Measures of the availability of alcohol from commercial and non-commercial sources to underage populations.
“(III) Measures of the exposure of underage populations to messages regarding alcohol in advertising, social media, and the entertainment media.
“(IV) Surveillance data, including information on the onset and prevalence of underage drinking, consumption patterns, beverage preferences, prevalence of drinking among students at institutions of higher education, correlations between adult and youth drinking, and the means of underage access, including trends over time for these surveillance data. The Secretary shall develop a plan to improve the collection, measurement, and consistency of reporting Federal underage alcohol data.
“(2) ANNUAL REPORT ON STATE UNDERAGE DRINKING PREVENTION AND ENFORCEMENT ACTIVITIES.—
“(A) IN GENERAL.—The Secretary shall, with input and collaboration from other appropriate Federal agencies, States, Indian Tribes, territories, and public health, consumer, and alcohol beverage industry groups, annually issue a report on each State’s performance in enacting, enforcing, and creating laws, regulations, and policies to prevent or reduce underage drinking based on an assessment of best practices developed pursuant to paragraph (1)(F)(ii)(VI) and subparagraph (B)(i). For purposes of this paragraph, each such report, with respect to a year, shall be referred to as the ‘State Report’. Each State Report shall be designed as a resource tool for Federal agencies assisting States in the their underage drinking prevention efforts, State public health and law enforcement agencies, State and local policymakers, and underage drinking prevention coalitions including those receiving grants pursuant to subsection (e).
“(B) STATE PERFORMANCE MEASURES.—
“(i) IN GENERAL.—The Secretary shall develop, in consultation with the Committee, a set of measures to be used in preparing the State Report on best practices as they relate to State laws, regulations, policies, and enforcement practices.
“(ii) STATE REPORT CONTENT.—The State Report shall include updates on State laws, regulations, and policies included in previous reports to Congress, including with respect to the following:
“(I) Whether or not the State has comprehensive anti-underage drinking laws such as for the illegal sale, purchase, attempt to purchase, consumption, or possession of alcohol; illegal use of fraudulent ID; illegal furnishing or obtaining of alcohol for an individual under 21 years; the degree of strictness of the penalties for such offenses; and the prevalence of the enforcement of each of these infractions.
“(II) Whether or not the State has comprehensive liability statutes pertaining to underage access to alcohol such as dram shop, social host, and house party laws, and the prevalence of enforcement of each of these laws.
“(III) Whether or not the State encourages and conducts comprehensive enforcement efforts to prevent underage access to alcohol at retail outlets, such as random compliance checks and shoulder tap programs, and the number of compliance checks within alcohol retail outlets measured against the number of total alcohol retail outlets in each State, and the result of such checks.
“(IV) Whether or not the State encourages training on the proper selling and serving of alcohol for all sellers and servers of alcohol as a condition of employment.
“(V) Whether or not the State has policies and regulations with regard to direct sales to consumers and home delivery of alcoholic beverages.
“(iii) ADDITIONAL CATEGORIES.—In addition to the updates on State laws, regulations, and policies listed in clause (ii), the Secretary shall consider the following:
“(I) Whether or not States have adopted laws, regulations, and policies that deter underage alcohol use, as described in ‘The Surgeon General’s Call to Action to Prevent and Reduce Underage Drinking’ issued in 2007 and ‘Facing Addiction in America: The Surgeon General’s Report on Alcohol, Drugs and Health’ issued in 2016, including restrictions on low-price, high-volume drink specials, and wholesaler pricing provisions.
“(II) Whether or not States have adopted laws, regulations, and policies designed to reduce alcohol advertising messages attractive to youth and youth exposure to alcohol advertising and marketing in measured and unmeasured media and digital and social media.
“(III) Whether or not States have laws and policies that promote underage drinking prevention policy development by local jurisdictions.
“(IV) Whether or not States have adopted laws, regulations, and policies to restrict youth access to alcoholic beverages that may pose special risks to youth, including but not limited to alcoholic mists, gelatins, freezer pops, premixed caffeinated alcoholic beverages, and flavored malt beverages.
“(iv) UNIFORM DATA SYSTEM.—For performance measures related to enforcement of underage drinking laws as specified in clauses (ii) and (iii), the Secretary shall develop and test a uniform data system for reporting State enforcement data, including the development of a pilot program for this purpose. The pilot program shall include procedures for collecting enforcement data from both State and local law enforcement jurisdictions.
“(d) National media campaign To prevent underage drinking.—
“(1) IN GENERAL.—The Secretary, in consultation with the National Highway Traffic Safety Administration, shall develop an intensive, multifaceted, adult-oriented national media campaign to reduce underage drinking by influencing attitudes regarding underage drinking, increasing the willingness of adults to take actions to reduce underage drinking, and encouraging public policy changes known to decrease underage drinking rates.
“(2) PURPOSE.—The purpose of the national media campaign described in this section shall be to achieve the following objectives:
“(3) COMPONENTS.—When implementing the national media campaign described in this section, the Secretary shall—
“(A) educate the public about the public health and safety benefits of evidence-based policies to reduce underage drinking, including minimum legal drinking age laws, and build public and parental support for and cooperation with enforcement of such policies;
“(C) promote specific actions by adults that are meant to discourage or inhibit underage drinking, including positive behavior modeling, general parental monitoring, and consistent and appropriate discipline;
“(D) discourage adult conduct that tends to facilitate underage drinking, including the hosting of underage parties with alcohol and the purchasing of alcoholic beverages on behalf of underage youth;
“(4) CONSULTATION REQUIREMENT.—In developing and implementing the national media campaign described in this section, the Secretary shall consult recommendations for reducing underage drinking published by the National Academy of Sciences and the Surgeon General. The Secretary shall also consult with interested parties including medical, public health, and consumer and parent groups, law enforcement, institutions of higher education, community organizations and coalitions, and other stakeholders supportive of the goals of the campaign.
“(5) ANNUAL REPORT.—The Secretary shall produce an annual report on the progress of the development or implementation of the media campaign described in this subsection, including expenses and projected costs, and, as such information is available, report on the effectiveness of such campaign in affecting adult attitudes toward underage drinking and adult willingness to take actions to decrease underage drinking.
“(6) RESEARCH ON YOUTH-ORIENTED CAMPAIGN.—The Secretary may, based on the availability of funds, conduct research on the potential success of a youth-oriented national media campaign to reduce underage drinking. The Secretary shall report any such results to Congress with policy recommendations on establishing such a campaign.
“(e) Community-Based coalition enhancement grants To prevent underage drinking.—
“(1) AUTHORIZATION OF PROGRAM.—The Assistant Secretary for Mental Health and Substance Use, in consultation with the Director of the Office of National Drug Control Policy, shall award enhancement grants to eligible entities to design, implement, evaluate, and disseminate comprehensive strategies to maximize the effectiveness of community-wide approaches to preventing and reducing underage drinking. This subsection is subject to the availability of appropriations.
“(2) PURPOSES.—The purposes of this subsection are to—
“(B) strengthen collaboration among communities, the Federal Government, Tribal Governments, and State and local governments;
“(C) enhance intergovernmental cooperation and coordination on the issue of alcohol use among youth;
“(D) serve as a catalyst for increased citizen participation and greater collaboration among all sectors and organizations of a community that first demonstrates a long-term commitment to reducing alcohol use among youth;
“(3) APPLICATION.—An eligible entity desiring an enhancement grant under this subsection shall submit an application to the Assistant Secretary at such time, and in such manner, and accompanied by such information and assurances, as the Assistant Secretary may require. Each application shall include—
“(4) USES OF FUNDS.—Each eligible entity that receives a grant under this subsection shall use the grant funds to carry out the activities described in such entity’s application submitted pursuant to paragraph (3) and obtain specialized training and technical assistance by the entity funded under section 4 of Public Law 107–82, as amended (21 U.S.C. 1521 note). Grants under this subsection shall not exceed $60,000 per year and may not exceed four years.
“(5) SUPPLEMENT NOT SUPPLANT.—Grant funds provided under this subsection shall be used to supplement, not supplant, Federal and non-Federal funds available for carrying out the activities described in this subsection.
“(6) EVALUATION.—Grants under this subsection shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on recipients of drug-free community grants.
“(7) DEFINITIONS.—For purposes of this subsection, the term ‘eligible entity’ means an organization that is currently receiving or has received grant funds under the Drug-Free Communities Act of 1997.
“(f) Grants to professional pediatric provider organizations To reduce underage drinking through screening and brief interventions.—
“(1) IN GENERAL.—The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall make one or more grants to professional pediatric provider organizations to increase among the members of such organizations effective practices to reduce the prevalence of alcohol use among individuals under the age of 21, including college students.
“(3) USE OF FUNDS.—A professional pediatric provider organization receiving a grant under this section may use the grant funding to promote the practices specified in paragraph (2) among its members by—
“(4) APPLICATION.—To be eligible to receive a grant under this subsection, a professional pediatric provider organization shall submit an application to the Assistant Secretary at such time, and in such manner, and accompanied by such information and assurances as the Secretary may require. Each application shall include—
“(5) DEFINITIONS.—For the purpose of this subsection:
“(A) BRIEF INTERVENTION.—The term ‘brief intervention’ means, after screening a patient, providing the patient with brief advice and other brief motivational enhancement techniques designed to increase the insight of the patient regarding the patient’s alcohol use, and any realized or potential consequences of such use to effect the desired related behavioral change.
“(g) Data collection and research.—
“(1) ADDITIONAL RESEARCH ON UNDERAGE DRINKING.—
“(A) IN GENERAL.—The Secretary shall, subject to the availability of appropriations, collect data, and conduct or support research that is not duplicative of research currently being conducted or supported by the Department of Health and Human Services, on underage drinking, with respect to the following:
“(i) Improve data collection in support of evaluation of the effectiveness of comprehensive community-based programs or strategies and statewide systems to prevent and reduce underage drinking, across the underage years from early childhood to age 21, such as programs funded and implemented by governmental entities, public health interest groups and foundations, and alcohol beverage companies and trade associations, through the development of models of State-level epidemiological surveillance of underage drinking by funding in States or large metropolitan areas new epidemiologists focused on excessive drinking including underage alcohol use.
“(ii) Obtain and report more precise information than is currently collected on the scope of the underage drinking problem and patterns of underage alcohol consumption, including improved knowledge about the problem and progress in preventing, reducing, and treating underage drinking, as well as information on the rate of exposure of youth to advertising and other media messages encouraging and discouraging alcohol consumption.
“(iii) Synthesize, expand on, and widely disseminate existing research on effective strategies for reducing underage drinking, including translational research, and make this research easily accessible to the general public.
“(iv) Improve and conduct public health surveillance on alcohol use and alcohol-related conditions in States by increasing the use of surveys, such as the Behavioral Risk Factor Surveillance System, to monitor binge and excessive drinking and related harms among individuals who are at least 18 years of age, but not more than 20 years of age, including harm caused to self or others as a result of alcohol use that is not duplicative of research currently being conducted or supported by the Department of Health and Human Services.
“(2) NATIONAL ACADEMY OF SCIENCES STUDY.—
“(A) IN GENERAL.—Not later than 12 months after the enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, the Secretary shall—
Section 520G of the Public Health Service Act (42 U.S.C. 290bb–38) is amended—
(2) in subsection (b)(2), by striking “tribes, and tribal organizations” and inserting “Tribes, and Tribal organizations”;
(3) in subsection (c)—
(4) in subsection (e)—
(5) in subsection (f), by striking “tribe, or tribal organization” each place it appears and inserting “Tribe, or Tribal organization”;
Section 521 of the Public Health Service Act (42 U.S.C. 290cc–21) is amended by striking “2018 through 2022” and inserting “2023 through 2027”.
Section 535(a) of the Public Health Service Act (42 U.S.C. 290cc–35(a)) is amended by striking “2018 through 2022” and inserting “2023 through 2027”.
(a) Grants.—
(1) REPEAL OF MAXIMUM GRANT AMOUNT.—Paragraph (2) of section 544(a) of the Public Health Service Act (42 U.S.C. 290dd–3(a)) is hereby repealed.
(2) ELIGIBLE ENTITY; SUBGRANTS.—Section 544(a) of the Public Health Service Act (42 U.S.C. 290dd–3(a)) is amended by striking paragraph (3) and inserting the following:
“(2) ELIGIBLE ENTITY.—For purposes of this section, the term ‘eligible entity’ means a State, Territory, locality, Indian Tribe (as defined in the Federally Recognized Indian Tribe List Act of 1994), Tribal organization, or Urban Indian organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act).
“(3) SUBGRANTS.—For the purposes for which a grant is awarded under this section, the eligible entity receiving the grant may award subgrants to a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act), an opioid treatment program (as defined in section 8.2 of title 42, Code of Federal Regulations (or any successor regulations)), any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act, or any nonprofit organization that the Secretary deems appropriate.”.
(3) PRESCRIBING.—Section 544(a)(4) of the Public Health Service Act (42 U.S.C. 290dd–3(a)(4)) is amended—
(4) USE OF FUNDS.—Paragraph (5) of section 544(c) of the Public Health Service Act (42 U.S.C. 290dd–3(c)) is amended to read as follows:
(5) IMPROVING ACCESS TO OVERDOSE TREATMENT.—Section 544 of the Public Health Service Act (42 U.S.C. 290dd–3) is amended—
(B) in subsection (f), as so redesignated, by striking “subsection (d)” and inserting “subsection (e)”; and
(C) by inserting after subsection (c) the following:
“(d) Improving access to overdose treatment.—
“(1) INFORMATION ON BEST PRACTICES.—
“(A) HEALTH AND HUMAN SERVICES.—The Secretary of Health and Human Services may provide information to States, localities, Indian Tribes, Tribal organizations, and Urban Indian organizations on best practices for prescribing or co-prescribing a drug or device approved, cleared, or otherwise authorized under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders.
“(B) DEFENSE.—The Secretary of Defense may provide information to prescribers within Department of Defense medical facilities on best practices for prescribing or co-prescribing a drug or device approved, cleared, or otherwise authorized under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders.
“(C) VETERANS AFFAIRS.—The Secretary of Veterans Affairs may provide information to prescribers within Department of Veterans Affairs medical facilities on best practices for prescribing or co-prescribing a drug or device approved, cleared, or otherwise authorized under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders.
(6) AUTHORIZATION OF APPROPRIATIONS.—Section 544(g) of the Public Health Service Act (42 U.S.C. 290dd–3), as redesignated, is amended by striking “fiscal years 2017 through 2021” and inserting “fiscal years 2023 through 2027”.
(7) TECHNICAL AMENDMENTS.—
(A) Section 544 of the Public Health Service Act (42 U.S.C. 290dd–3), as amended, is further amended by striking “approved or cleared” each place it appears and inserting “approved, cleared, or otherwise authorized”.
(B) Section 107 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198) is amended by striking subsection (b).
(a) Grants.—Section 545 of the Public Health Service Act (42 U.S.C. 290ee) is amended—
(1) in the section heading, by striking “access and education grant programs” and inserting “access, education, and co-prescribing grant programs”;
(3) in subsection (a), by striking “shall make grants to States” and inserting “shall make grants to States, localities, Indian Tribes (as defined by the Federally Recognized Indian Tribe List Act of 1994), Tribal organizations, and Urban Indian organizations (as those terms are defined in section 4 of the Indian Health Care Improvement Act)”;
(b) Grant period.—Section 545(d)(2) of the Public Health Service Act (42 U.S.C. 290ee(d)(2)) is amended by striking “3 years” and inserting “5 years”.
(c) Limitation.—Paragraph (3) of section 545(d) of the Public Health Service Act (42 U.S.C. 290ee(d)) is amended to read as follows:
(d) Authorization of appropriations.—Section 545(h)(1) of the Public Health Service Act, is amended by striking “fiscal years 2017 through 2019” and inserting “fiscal years 2023 through 2027”.
(e) Technical amendment.—Section 545 of the Public Health Service Act (42 U.S.C. 290ee), as amended, is further amended by striking “approved or cleared” each place it appears and inserting “approved, cleared, or otherwise authorized”.
Section 548 of the Public Health Service Act (42 U.S.C. 290ee–3) is amended—
(2) in subsection (b)—
(C) in paragraph (2)—
(ii) in subparagraph (A), by striking “opioid use, treatment, and addiction recovery” and inserting “opioid use disorders, and treatment for, and recovery from opioid use disorders”;
(iii) in subparagraph (C), by striking “addiction” each place it appears and inserting “use disorder”;
Section 7091 of the SUPPORT for Patients and Communities Act (Public Law 115–271) is amended—
(1) in the section heading, by striking “Demonstration” (and by conforming the item relating to such section in the table of contents in section 1(b));
(5) in subsection (f), by striking “Not later than 1 year after completion of the demonstration program under this section, the Secretary shall submit a report to the Congress on the results of the demonstration program” and inserting “Not later than the end of each of fiscal years 2024 and 2027, the Secretary shall submit to the Congress a report on the results of the program”; and
Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa) is amended—
(3) by adding at the end the following:
“(26) collaborate with national accrediting entities, reputable providers, organizations or individuals with established expertise in delivery of recovery housing services, States, Federal agencies (including the Department of Health and Human Services, the Department of Housing and Urban Development, and the agencies listed in section 550(e)(2)(B)), and other relevant stakeholders, to promote the availability of high-quality recovery housing and services for individuals with a substance use disorder.”.
Section 550(a) of the Public Health Service Act (42 U.S.C. 290ee–5(a)) (relating to national recovery housing best practices) is amended—
(1) by amending paragraph (1) to read as follows:
“(1) IN GENERAL.—The Secretary, in consultation with the individuals and entities specified in paragraph (2), shall build on existing best practices and previously developed guidelines to develop and periodically update consensus-based best practices, which may include model laws for implementing suggested minimum standards for operating, and promoting the availability of, high-quality recovery housing.”;
Section 550 of the Public Health Service Act (42 U.S.C. 290ee–5) (relating to national recovery housing best practices) is amended—
(1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (d) the following:
“(e) Coordination of Federal activities To promote the availability of housing for individuals experiencing homelessness, individuals with a mental illness, and individuals with a substance use disorder.—
“(1) IN GENERAL.—The Secretary, acting through the Assistant Secretary, and the Secretary of Housing and Urban Development shall convene an interagency working group for the following purposes:
“(A) To increase collaboration, cooperation, and consultation among the Department of Health and Human Services, the Department of Housing and Urban Development, and the Federal agencies listed in paragraph (2)(B), with respect to promoting the availability of housing, including recovery housing, for individuals experiencing homelessness, individuals with mental illnesses, and individuals with substance use disorder.
“(C) To develop objectives, priorities, and a long-term plan for supporting State, Tribal, and local efforts with respect to the operation of recovery housing that is consistent with the best practices developed under this section.
“(2) COMPOSITION.—The interagency working group under paragraph (1) shall be composed of—
“(A) the Secretary, acting through the Assistant Secretary, and the Secretary of Housing and Urban Development, who shall serve as the co-chairs; and
“(4) REPORTS TO CONGRESS.—Not later than 4 years after the date of the enactment of this section, the working group shall submit to the Committee on Energy and Commerce, the Committee on Ways and Means, the Committee on Agriculture, and the Committee on Financial Services of the House of Representatives and the Committee on Health, Education, Labor, and Pensions, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Finance of the Senate a report describing the work of the working group and any recommendations of the working group to improve Federal, State, and local coordination with respect to recovery housing and other housing resources and operations for individuals experiencing homelessness, individuals with a mental illness, and individuals with a substance use disorder.”.
(a) In general.—Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use shall—
Section 550 of the Public Health Service Act (42 U.S.C. 290ee–5) (relating to national recovery housing best practices), as amended by sections 232 and 233, is further amended by inserting after subsection (e) (as inserted by section 233) the following:
“(f) Grants for implementing national recovery housing best practices.—
“(1) IN GENERAL.—The Secretary shall award grants to States (and political subdivisions thereof), Tribes, and territories—
“(2) STATE PROMOTION PLANS.—Not later than 90 days after receipt of a grant under paragraph (1), and every 2 years thereafter, each State (or political subdivisions thereof,) Tribe, or territory receiving a grant under paragraph (1) shall submit to the Secretary, and publish on a publicly accessible internet website of the State (or political subdivisions thereof), Tribe, or territory—
Subsection (i) of section 550 of the Public Health Service Act (42 U.S.C. 290ee–5) (relating to national recovery housing best practices), as redesignated by section 233, is amended by striking “$3,000,000 for the period of fiscal years 2019 through 2021” and inserting “$5,000,000 for the period of fiscal years 2023 through 2027”.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended—
(1) by redesignating section 550 (relating to Sobriety Treatment and Recovery Teams) (42 U.S.C. 290ee–10), as added by section 8214 of Public Law 115–271, as section 550A; and
(a) Block Grants for Prevention and Treatment of Substance Use.—Part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.) is amended—
(2) in subpart II, by amending the subpart heading to read as follows: “Block grants for substance use prevention, treatment, and recovery services”;
(3) in section 1922(a) (42 U.S.C. 300x–22(a))—
(4) in section 1923 (42 U.S.C. 300x–23)—
(5) in section 1925(a)(1) (42 U.S.C. 300x–25(a)(1)), by striking “alcohol or drug abuse” and inserting “alcohol or other substance use disorders”;
(6) in section 1926(b)(2)(B) (42 U.S.C. 300x–26(b)(2)(B)), by striking “substance abuse”;
(7) in section 1931(b)(2) (42 U.S.C. 300x–31(b)(2)), by striking “substance abuse” and inserting “substance use disorders”;
(8) in section 1933(d)(1) (42 U.S.C. 300x–33(d)), in the matter following subparagraph (B), by striking “abuse of alcohol and other drugs” and inserting “use of substances”;
(9) by amending paragraph (4) of section 1934 (42 U.S.C. 300x–34) to read as follows:
(10) in section 1935 (42 U.S.C. 300x–35)—
(11) in section 1949 (42 U.S.C. 300x–59), by striking “substance abuse” each place it appears in subsections (a) and (d) and inserting “substance use disorders”;
(12) in section 1954(b)(4) (42 U.S.C. 300x–64(b)(4))—
(13) in section 1955 (42 U.S.C. 300x–65), by striking “substance abuse” each place it appears and inserting “substance use disorder”; and
(14) in section 1956 (42 U.S.C. 300x–66), by striking “substance abuse” and inserting “substance use disorders”.
(b) Certain programs regarding mental health and substance abuse.—Part C of title XIX of the Public Health Service Act (42 U.S.C. 300y et seq.) is amended—
(2) in section 1971 (42 U.S.C. 300y), by striking “substance abuse” each place it appears in subsections (a), (b), and (f) and inserting “substance use”; and
(3) in section 1976 (42 U.S.C. 300y–11), by striking “intravenous abuse” each place it appears and inserting “intravenous use”.
Section 1921(b) of the Public Health Service Act (42 U.S.C. 300x–21(b)) is amended by striking “prevent and treat substance use disorders” and inserting “prevent, treat, and provide recovery support services for substance use disorders”.
Section 1924 of the Public Health Service Act (42 U.S.C. 300x–24) is amended—
(1) in the section heading, by striking “Tuberculosis and Human Immunodeficiency Virus” and inserting “Tuberculosis, Viral Hepatitis, and Human Immunodeficiency Virus”;
(2) by amending subsection (a)(2) to read as follows:
“(2) DESIGNATED STATES.—
“(A) FISCAL YEARS THROUGH FISCAL YEAR 2024.—For purposes of this subsection, through September 30, 2024, a State described in this paragraph is any State whose rate of cases of acquired immune deficiency syndrome is 10 or more such cases per 100,000 individuals (as indicated by the number of such cases reported to and confirmed by the Director of the Centers for Disease Control and Prevention for the most recent calendar year for which such data are available).
“(B) FISCAL YEAR 2025 AND SUCCEEDING FISCAL YEARS.—
“(i) IN GENERAL.—Beginning with fiscal year 2025, for purposes of this subsection, a State described in this paragraph is any State whose rate of cases of human immunodeficiency virus is 10 or more such cases per 100,000 individuals (as indicated by the number of such cases newly reported to and confirmed by the Director of the Centers for Disease Control and Prevention for the most recent calendar year for which such data are available).
“(ii) CONTINUATION OF DESIGNATED STATE STATUS.—In the case of a State whose rate of cases of human immunodeficiency virus falls below the threshold specified in clause (i) for a calendar year, such State shall, notwithstanding clause (i), continue to be described in this paragraph unless the rate of cases falls below such threshold for three consecutive calendar years.”.
(4) by inserting after subsection (b) the following:
“(c) Viral hepatitis.—
“(1) IN GENERAL.—A funding agreement for a grant under section 1921 is that the State involved will require that any entity receiving amounts from the grant for operating a program of treatment for substance use disorders—
Section 1932(b)(1)(A) of the Public Health Service Act (42 U.S.C. 300x–32(b)(1)(A)) is amended—
Section 1933(d) of the Public Health Service Act (42 U.S.C. 300x–33(d)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(3) in paragraph (3), by striking “tribe or tribal organization” and inserting “Tribe or Tribal organization”; and
(a) In general.—Section 1935(a) of the Public Health Service Act (42 U.S.C. 300x–35(a)), as amended by section 241, is further amended by striking “appropriated” and all that follows through “2022..” and inserting the following: “appropriated $1,908,079,000 for each of fiscal years 2023 through 2027.”.
(b) Technical corrections.—Section 1935(b)(1)(B) of the Public Health Service Act (42 U.S.C. 300x–35(b)(1)(B)) is amended by striking “the collection of data in this paragraph is”.
Section 1942(a) of the Public Health Service Act (42 U.S.C. 300x–52(a)) is amended—
(a) In general.—The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use (in this section referred to as the “Secretary”), shall, in consultation with States and other local entities providing prevention, treatment, or recovery support services related to substance use, conduct a study to develop a model needs assessment process for States to consider to help determine how best to allocate block grant funding received under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x–21) to provide services to substance use disorder prevention, treatment, and recovery support. The study shall include cost estimates with each model needs assessment process.
(b) Report.—Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of the study conducted under paragraph (1).
(a) Study.—The Assistant Secretary for Mental Health and Substance Use shall conduct a study, in consultation with patients and other stakeholders, on activities carried out pursuant to exemptions granted—
(1) to a State (including the District of Columbia or any territory of the United States) or an opioid treatment program;
(3) during the period—
(A) beginning on the declaration of the public health emergency for the COVID–19 pandemic under section 319 of the Public Health Service Act (42 U.S.C. 247d); and
(b) Privacy.—The section does not authorize the disclosure by the Department of Health and Human Services of individually identifiable information about patients.
(a) Mobile medication units.—Section 302(e) of the Controlled Substances Act (21 U.S.C. 822(e)) is amended by adding at the end the following:
“(3) Notwithstanding paragraph (1), a registrant that is dispensing pursuant to section 303(g) narcotic drugs to individuals for maintenance treatment or detoxification treatment shall not be required to have a separate registration to incorporate one or more mobile medication units into the registrant’s practice to dispense such narcotics at locations other than the registrant’s principal place of business or professional practice described in paragraph (1), so long as the registrant meets such standards for operation of a mobile medication unit as the Attorney General may establish.”.
(b) Revise opioid treatment program admission criteria to eliminate requirement that patients have an opioid use disorder for at least 1 year.—Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall revise section 8.12(e)(1) of title 42, Code of Federal Regulations (or successor regulations), to eliminate the requirement that an opioid treatment program only admit an individual for treatment under the program if the individual has been addicted to opioids for at least 1 year before being so admitted for treatment.
(c) Final regulation on periods for take-Home supply requirements.—
(1) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate a final regulation amending paragraphs (i)(3)(i) through (i)(3)(vi) of section 8.12 of title 42, Code of Federal Regulations, as appropriate based on the findings of the study under section 251 of this Act.
(2) CRITERIA.—The regulation under paragraph (1) shall establish relevant criteria for the medical director or an appropriately licensed practitioner of an opioid treatment program, to determine whether a patient is stable and may qualify for unsupervised use, which criteria may allow for consideration of each of the following:
(3) PROHIBITED SOLE CONSIDERATION.—The regulation under paragraph (1) shall prohibit the medical director of an opioid treatment program from considering, as the sole consideration in determining whether a patient is sufficiently responsible in handling opioid drugs for unsupervised use, whether the patient has an absence of recent misuse of drugs (whether narcotic or nonnarcotic), including alcohol.
Notwithstanding any provision of this Act and the amendments made by this Act, no funds made available to carry out this Act or any amendment made by this Act shall be used to purchase, procure, or distribute pipes or cylindrical objects intended to be used to smoke or inhale illegal scheduled substances.
(a) In general.—Section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) is amended—
(2) by striking “(g)(1) Except as provided in paragraph (2), practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment” and inserting “(g) Practitioners who dispense narcotic drugs (other than narcotic drugs in schedule III, IV, or V) to individuals for maintenance treatment or detoxification treatment”;
(b) Conforming changes.—
(1) Subsections (a) and (d)(1) of section 304 of the Controlled Substances Act (21 U.S.C. 824) are each amended by striking “303(g)(1)” each place it appears and inserting “303(g)”.
(2) Section 309A(a)(2) of the Controlled Substances Act (21 U.S.C. 829a) is amended—
(A) in the matter preceding subparagraph (A), by striking “the controlled substance is to be administered for the purpose of maintenance or detoxification treatment under section 303(g)(2)” and inserting “the controlled substance is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment”; and
(3) Section 520E–4(c) of the Public Health Service Act (42 U.S.C. 290bb–36d(c)) is amended by striking “information on any qualified practitioner that is certified to prescribe medication for opioid dependency under section 303(g)(2)(B) of the Controlled Substances Act” and inserting “information on any practitioner who prescribes narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment”.
(4) Section 544(a)(3) of the Public Health Service Act (42 U.S.C. 290dd–3), as added by section 219(a)(2), is amended by striking “any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act” and inserting “any practitioner dispensing narcotic drugs for the purpose of maintenance or detoxification treatment”.
(5) Section 1833(bb)(3)(B) of the Social Security Act (42 U.S.C. 1395l(bb)(3)(B)) is amended by striking “first receives a waiver under section 303(g) of the Controlled Substances Act on or after January 1, 2019” and inserting “first begins prescribing narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment on or after January 1, 2021”.
(6) Section 1834(o)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(o)(3)(C)(ii)) is amended by striking “first receives a waiver under section 303(g) of the Controlled Substances Act on or after January 1, 2019” and inserting “first begins prescribing narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment on or after January 1, 2021”.
(7) Section 1866F(c)(3) of the Social Security Act (42 U.S.C. 1395cc–6(c)(3)) is amended—
(8) Section 1903(aa)(2)(C) of the Social Security Act (42 U.S.C. 1396b(aa)(2)(C)) is amended—
Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following:
“(l) Required training for prescribers.—
“(1) TRAINING REQUIRED.—As a condition on registration under this section to dispense controlled substances in schedule II, III, IV, or V, the Attorney General shall require any qualified practitioner, beginning with the first applicable registration for the practitioner, to meet the following:
“(A) If the practitioner is a physician, the practitioner meets one or more of the following conditions:
“(i) The physician holds a board certification in addiction psychiatry or addiction medicine from the American Board of Medical Specialties.
“(iii) The physician holds a board certification in addiction medicine from the American Osteopathic Association.
“(iv) The physician has, with respect to the treatment and management of patients with opioid or other substance use disorders, completed not less than 8 hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by—
“(I) the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization accredited by the Accreditation Council for Continuing Medical Education (commonly known as the ‘ACCME’);
“(II) any organization accredited by a State medical society accreditor that is recognized by the ACCME;
“(v) The physician graduated in good standing from an accredited school of allopathic medicine or osteopathic medicine in the United States during the 5-year period immediately preceding the date on which the physician first registers or renews under this section and has successfully completed a comprehensive allopathic or osteopathic medicine curriculum or accredited medical residency that included not less than 8 hours of training on treating and managing patients with opioid and other substance use disorders, including the appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of a substance use disorder.
“(B) If the practitioner is not a physician, the practitioner meets one or more of the following conditions:
“(i) The practitioner has completed not fewer than 8 hours of training with respect to the treatment and management of patients with opioid or other substance use disorders (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Nurses Credentialing Center, the American Psychiatric Association, the American Association of Nurse Practitioners, the American Academy of Physician Associates, or any other organization approved or accredited by the Assistant Secretary for Mental Health and Substance Abuse or the or the Accreditation Council for Continuing Medical Education.
“(ii) The practitioner has graduated in good standing from an accredited physician assistant school or accredited school of advanced practice nursing in the United States during the 5-year period immediately preceding the date on which the practitioner first registers or renews under this section and has successfully completed a comprehensive physician assistant or advanced practice nursing curriculum that included not fewer than 8 hours of training on treating and managing patients with opioid and other substance use disorders, including the appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of a substance use disorder.
“(2) ONE-TIME TRAINING.—The Attorney General shall not require any qualified practitioner to complete the training described in clause (iv) or (v) of paragraph (1)(A) or clause (i) or (ii) of paragraph (1)(B) more than once.
“(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to preclude the use, by a qualified practitioner, of training received pursuant to this subsection to satisfy registration requirements of a State or for some other lawful purpose.
“(4) DEFINITIONS.—In this section:
“(A) FIRST APPLICABLE REGISTRATION.—The term ‘first applicable registration’ means the first registration or renewal of registration by a qualified practitioner under this section that occurs on or after the date that is 180 days after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022.
Section 520K of the Public Health Service Act (42 U.S.C. 290bb–42) is amended to read as follows:
“SEC. 520K. Integration incentive grants and cooperative agreements.
“(a) Definitions.—In this section:
“(1) COLLABORATIVE CARE MODEL.—The term ‘collaborative care model’ means the evidence-based, integrated behavioral health service delivery method that includes—
“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a State, or an appropriate State agency, in collaboration with—
“(3) INTEGRATED CARE; BIDIRECTIONAL INTEGRATED CARE.—
“(4) PRIMARY HEALTH CARE PROVIDER.—The term ‘primary health care provider’ means a provider who—
“(5) PRIMARY HEALTH CARE PRACTICE.—The term ‘primary health care practice’ means a medical practice of primary health care providers, including a practice within a larger health care system.
“(6) SPECIAL POPULATION.—The term ‘special population’, for an eligible entity that is collaborating with an entity described in subparagraph (A) or (B) of paragraph (3), means—
“(A) adults with a serious mental illness who have a co-occurring physical health condition or chronic disease;
“(b) Grants and cooperative agreements.—
“(1) IN GENERAL.—The Secretary may award grants and cooperative agreements to eligible entities to support the improvement of integrated care for physical and behavioral health care in accordance with paragraph (2).
“(2) USE OF FUNDS.—A grant or cooperative agreement awarded under this section shall be used—
“(A) in the case of an eligible entity that is collaborating with an entity described in subparagraph (A) or (B) of subsection (a)(2)—
“(i) to promote full integration and collaboration in clinical practices between physical and behavioral health care for special populations including each population listed in subsection (a)(7);
“(B) in the case of an eligible entity that is collaborating with a primary health care practice, to support the uptake of the collaborative care model, including by—
“(ii) identifying and formalizing contractual relationships with other health care providers, including providers who will function as psychiatric consultants and behavioral health care managers in providing behavioral health integration services through the collaborative care model;
“(c) Applications.—
“(1) IN GENERAL.—An eligible entity that is collaborating with an entity described in subparagraph (A) or (B) of subsection (a)(2) seeking a grant or cooperative agreement under subsection (b)(2)(A) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the contents described in paragraph (2).
“(2) CONTENTS.—Any such application of an eligible entity described in subparagraph (A) or (B) of subsection (a)(2) shall include—
“(A) a description of a plan to achieve fully collaborative agreements to provide bidirectional integrated care to special populations;
“(B) a document that summarizes the policies, if any, that are barriers to the provision of integrated care, and the specific steps, if applicable, that will be taken to address such barriers;
“(C) a description of partnerships or other arrangements with local health care providers to provide services to special populations;
“(D) an agreement and plan to report to the Secretary performance measures necessary to evaluate patient outcomes and facilitate evaluations across participating projects;
“(3) COLLABORATIVE CARE MODEL GRANTS.—An eligible entity that is collaborating with a primary health care practice seeking a grant pursuant to subsection (b)(2)(B) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.
“(d) Grant and cooperative agreement amounts.—
“(1) TARGET AMOUNT.—The target amount that an eligible entity may receive for a year through a grant or cooperative agreement under this section shall be—
“(2) ADJUSTMENT PERMITTED.—The Secretary, taking into consideration the quality of an eligible entity’s application and the number of eligible entities that received grants under this section prior to the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, may adjust the target amount that an eligible entity may receive for a year through a grant or cooperative agreement under this section.
“(3) LIMITATION.—An eligible entity that is collaborating with an entity described in subparagraph (A) or (B) of subsection (a)(2) receiving funding under this section—
“(e) Duration.—A grant or cooperative agreement under this section shall be for a period not to exceed 5 years.
“(f) Report on program outcomes.—An eligible entity receiving a grant or cooperative agreement under this section—
“(g) Technical assistance for primary-Behavioral health care integration.—
“(1) CERTAIN RECIPIENTS.—The Secretary may provide appropriate information, training, and technical assistance to eligible entities that are collaborating with an entity described in subparagraph (A) or (B) of subsection (a)(2) that receive a grant or cooperative agreement under this section, in order to help such entities meet the requirements of this section, including assistance with—
“(2) COLLABORATIVE CARE MODEL RECIPIENTS.—The Secretary shall provide appropriate information, training, and technical assistance to eligible entities that are collaborating with primary health care practices that receive funds under this section to help such entities implement the collaborative care model, including—
“(A) developing financial models and budgets for implementing and maintaining a collaborative care model, based on practice size;
“(C) providing strategic advice to assist practices seeking to utilize other clinicians for additional psychotherapeutic interventions;
“(D) providing information technology expertise to assist with building the collaborative care model into electronic health records, including assistance with care manager tools, patient registry, ongoing patient monitoring, and patient records;
“(F) establishing methods to ensure the sharing of best practices and operational knowledge among primary health care physicians and primary health care practices that provide behavioral health integration services through the collaborative care model; and
“(G) providing guidance and instruction to primary health care physicians and primary health care practices on developing and maintaining relationships with community-based mental health and substance use disorder facilities for referral and treatment of patients whose clinical presentation or diagnosis is best suited for treatment at such facilities.
“(3) ADDITIONAL DISSEMINATION OF TECHNICAL INFORMATION.—In addition to providing the assistance described in paragraphs (1) and (2) to recipients of a grant or cooperative agreement under this section, the Secretary may also provide such assistance to other States and political subdivisions of States, Indian Tribes and Tribal organizations (as defined under the Federally Recognized Indian Tribe List Act of 1994), outpatient mental health and addiction treatment centers, community mental health centers that meet the criteria under section 1913(c), certified community behavioral health clinics described in section 223 of the Protecting Access to Medicare Act of 2014, primary care organizations such as Federally qualified health centers or rural health clinics as defined in section 1861(aa) of the Social Security Act, primary health care practices, other community-based organizations, and other entities engaging in integrated care activities, as the Secretary determines appropriate.
(a) Liability protections for health professional volunteers.—Section 224(q)(6) of the Public Health Service Act (42 U.S.C. 233(q)(6)) is amended by striking “October 1, 2022” and inserting “October 1, 2027”.
(b) Minority fellowships in crisis care management.—Section 597(b) of the Public Health Service Act (42 U.S.C. 290ll(b)) is amended by striking “in the fields of psychiatry,” and inserting “in the fields of crisis care management, psychiatry,”.
(c) Mental and behavioral health education and training grants.—Section 756 of the Public Health Service Act (42 U.S.C. 294e–1) is amended—
(d) Training demonstration program.—Section 760(g) of the Public Health Service Act (42 U.S.C. 294k(g)) is amended by inserting “and $31,700,000 for each of fiscal years 2023 through 2027” before the period at the end.
Section 2722(a)(2) of the Public Health Service Act (42 U.S.C. 300gg–21(a)(2)) is amended by adding at the end the following new subparagraph:
“(F) SUNSET OF ELECTION OPTION.—
“(i) IN GENERAL.—Notwithstanding the preceding provisions of this paragraph—
“(ii) EXCEPTION FOR CERTAIN COLLECTIVELY BARGAINED PLANS.—Notwithstanding clause (i)(II), a plan described in subparagraph (B)(ii) that is subject to multiple agreements described in such subparagraph of varying lengths and that has an election described in subparagraph (A) with respect to section 2726 in effect as of the date of the enactment of this subparagraph that expires on or after the date that is 180 days after the date of such enactment may extend such election until the date on which the term of the last such agreement expires.”.
(a) In general.—Section 2794(c) of the Public Health Service Act (42 U.S.C. 300gg–94(c)) (as added by section 1003 of the Patient Protection and Affordable Care Act (Public Law 111–148)) is amended by adding at the end the following:
“(3) PARITY IMPLEMENTATION.—
“(A) IN GENERAL.—Beginning during the first fiscal year that begins after the date of enactment of this paragraph, the Secretary shall, out of funds made available pursuant to subparagraph (C), award grants to eligible States to enforce and ensure compliance with the mental health and substance use disorder parity provisions of section 2726.
“(B) ELIGIBLE STATE.—A State shall be eligible for a grant awarded under this paragraph only if such State—
“(i) submits to the Secretary an application for such grant at such time, in such manner, and containing such information as specified by the Secretary; and
“(ii) agrees to request and review from health insurance issuers offering group or individual health insurance coverage the comparative analyses and other information required of such health insurance issuers under subsection (a)(8)(A) of section 2726 relating to the design and application of nonquantitative treatment limitations imposed on mental health or substance use disorder benefits.
(b) Technical amendment.—Section 2794 of the Public Health Service Act (42 U.S.C. 300gg–95), as added by section 6603 of the Patient Protection and Affordable Care Act (Public Law 111–148) is redesignated as section 2795.
Section 330M of the Public Health Service Act (42 U.S.C. 254c–19) is amended—
(2) in subsection (a)—
(3) in subsection (b)—
(A) in paragraph (1)—
(C) by inserting after paragraph (1) the following:
“(2) SUPPORT TO SCHOOLS AND EMERGENCY DEPARTMENTS.—In addition to the activities required by paragraph (1), a pediatric mental health care telehealth access program referred to in subsection (a), with respect to which a grant under such subsection may be used, may provide support to schools and emergency departments.
“(3) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to applicants proposing to—
(4) in subsections (c), (d), and (f), by striking “Indian tribe, or tribal organization” each place it appears and inserting “Indian Tribe, Tribal organization, or nonprofit entity”; and
(5) by striking subsection (g) and inserting the following:
Section 399Z–2(f) of the Public Health Service Act (42 U.S.C. 280h–6(f)) is amended by striking “$20,000,000 for the period of fiscal years 2018 through 2022” and inserting “$50,000,000 for the period of fiscal years 2023 through 2027”.
(a) Definition of family.—Section 565(d)(2)(B) of the Public Health Service Act (42 U.S.C. 290ff–4(d)(2)(B)) is amended by striking “as appropriate regarding mental health services for the child, the parents of the child (biological or adoptive, as the case may be) and any foster parents of the child” and inserting “as appropriate regarding mental health services for the child and the parents or kinship caregivers of the child”.
(b) Authorization of appropriations.—Paragraph (1) of section 565(f) of the Public Health Service Act (42 U.S.C. 290ff–4(f)) is amended—
Section 514 of the Public Health Service Act (42 U.S.C. 290bb–7) is amended—
(a) Technical amendment.—Section 520C of the Public Health Service Act (42 U.S.C. 290bb–34) is amended—
(b) Authorization of appropriations.—Section 520C(c) of the Public Health Service Act (42 U.S.C. 290bb–34(c)) is amended by striking “$5,988,000 for each of fiscal years 2018 through 2022” and inserting “$9,000,000 for each of fiscal years 2023 through 2027”.
(c) Annual report.—Section 520C(d) of the Public Health Service Act (42 U.S.C. 290bb–34(d)) is amended by striking “Not later than 2 years after the date of enactment of this subsection” and inserting “Not later than 2 years after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022”.
Section 520E of the Public Health Service Act (42 U.S.C. 290bb–36) is amended—
(6) in subsection (d)—
(7) in subsection (e)(3)(A), by inserting “and Department of Education” after “Department of Health and Human Services”;
Section 520E–2 of the Public Health Service Act (42 U.S.C. 290bb–36b) is amended—
Section 549 of the Public Health Service Act (42 U.S.C. 290ee–4) is amended—
(1) in the heading, by striking “on college campuses” and inserting “at institutions of higher education”;
(2) in subsection (c)(2), by inserting “, including minority-serving institutions as described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q) and community colleges” after “higher education”; and
Union Calendar No. 276 | |||||
| |||||
[Report No. 117–364, Part I] | |||||
A BILL | |||||
To amend the Public Health Service Act to reauthorize certain programs relating to mental health and substance use disorders, and for other purposes. | |||||
June 13, 2022 | |||||
Reported from the Committee on Energy and Commerce with an amendment | |||||
June 13, 2022 | |||||
Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |