Helping Families in Mental Health Crisis Act of 2013 - Creates in the Department of Health and Human Services (HHS) an Assistant Secretary for Mental Health and Substance Use Disorders, who shall supervise and direct the Administrator of the Substance Abuse and Mental Health Services Administration (SAMHSA).
Directs the Assistant Secretary to establish a National Mental Health Policy Laboratory to: (1) identify and implement policy changes and other trends likely to have the most significant impact on mental health services; (2) collect information from grantees; and (3) evaluate and disseminate to such grantees evidence-based practices and services delivery models, using the best available science shown to reduce program expenditures while enhancing the quality of care furnished to individuals by other such grantees.
Amends the Public Health Service Act (PHSA) to require the Assistant Secretary to establish: (1) an Interagency Serious Mental Illness Coordinating Committee; and (2) a four-year pilot program to award up to 50 grants each year to counties, cities, mental health systems, mental health courts, and any other entities with authority under state law to implement, monitor, and oversee assisted outpatient treatment programs.
Directs the Assistant Secretary to establish a program of tele-psychiatry and primary care physician training grants to states to promote the use of qualified telehealth technology for the identification, diagnosis, mitigation, or treatment of a mental health disorder.
Directs the HHS Secretary (Secretary), in coordination with the Assistant Secretary, to award planning grants to enable up to 10 states to carry out 5-year demonstration programs to improve the provision of behavioral health services by federally qualified community behavioral health clinics.
Requires the Assistant Secretary to certify federally qualified community behavioral health clinics that meet specified criteria.
Requires the caregiver of an individual with a serious mental illness to be treated as the individual's personal representative with respect to protected health information, even though the individual has not consented to disclosure of such information to the caregiver, when the individual's service provider reasonably believes it is necessary for protected health information to be made available to the caregiver in order to protect the individual's health, safety, or welfare or the safety of one or more other individuals.
Amends the General Education Provisions Act to allow an educational agency or institution to disclose to such a caregiver the individual's education record in certain related circumstances.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make available: (1) Edward Byrne Memorial Justice Assistance Grants for mental health programs and operations by law enforcement or corrections officers, and (2) public safety and community policing grants to provide specialized training to law enforcement officers to recognize and intervene properly with individuals who have mental illness.
Reauthorizes and revises requirements for the Mentally Ill Offender Treatment and Crime Reduction Act of 2004.
Authorizes the Attorney General to award grants to: (1) establish or expand veterans treatment court programs; and (2) enhance the capabilities of a correctional facility to identify, screen, and treat inmates with a mental illness, as well as develop and implement post-release transition plans for them.
Requires any data prepared by or submitted to the Attorney General or the Director of the Federal Bureau of Investigation (FBI) with respect to homicides, law enforcement officers killed and assaulted, or individuals killed by law enforcement officers to include data about the involvement of mental illness in such incidences, if any.
Directs the Comptroller General (GAO) to detail the cost of federal. state, or local imprisonment for persons who have serious mental illness.
Amends title XIX (Medicaid) of the Social Security Act (SSA) to prohibit a state medical assistance plan from prohibiting payment for a same-day qualifying mental health service or primary care service furnished to an individual at a federally qualified community behavioral health center or a federally qualified health center on the same day as the other kind of service.
Allows states the option to provide medical assistance for inpatient psychiatric hospital services and psychiatric residential treatment facility services for individuals age 21-65.
Amends both SSA titles XIX and XVIII (Medicare) to cover prescription drugs used to treat mental health disorders.
Amends the PHSA to increase funding for the brain initiative at the National Institute of Mental Health.
Transfers responsibility for the administration of community mental health block grants to the Assistant Secretary from the Director of the Center for Mental Health Services (CMHS).
Revises requirements for the funding agreement under a formula block grant to a state for community mental health services to prescribe the general standard under state law for court ordered inpatient or outpatient mental health treatment as well as assisted outpatient treatment.
Requires the Assistant Secretary to evaluate the combined paperwork burden of certain community mental health centers as well as of certified federally qualified community mental health clinics.
Directs the Secretary of Education, along with the Assistant Secretary, to organize a national awareness campaign to assist secondary school students and postsecondary students in: (1) reducing the stigma associated with serious mental illness; (2) understanding how to assist an individual demonstrating signs of a serious mental illness; and (3) understanding the importance of seeking treatment from a physician, clinical psychologist, or licensed mental health professional when a student believes the student may be suffering from a serious mental illness or behavioral health disorder.
Amends the PHSA to include as health care providers any behavioral and mental health professionals, substance abuse professionals, psychiatric hospitals, certain community mental health centers (including one operated by a county behavioral health agency), and residential or outpatient mental health or substance abuse treatment facilities.
Amends SSA title XVIII (Medicare), with respect to incentives for meaningful use of certified electronic health records (EHR) technology under the pay schedule for physician's services, to include as additional eligible professionals clinical psychologists providing qualified psychologist services and clinical social workers. Subjects any additional eligible professionals, including those under a MedicareAdvantage (MA) plan, to reductions in incentive payments after a certain date for failure to be a meaningful EHR user.
Amends SSA title XIX (Medicaid) to treat as Medicaid providers the following additional Medicaid providers: (1) public and certain private hospitals that are principally psychiatric hospitals, (2) certain community mental health centers, and (3) certain residential or outpatient mental health or substance abuse treatment facilities.
Makes eligible Medicaid professionals certain clinical psychologists providing qualified psychologist services and certain clinical social workers.
Amends the PHSA to accord health care professional volunteers at community mental health centers and federally qualified community behavioral health clinics the liability protections of Public Health Service employees.
Requires the Assistant Secretary to transfer all functions and responsibilities of the Center for Behavioral Health Statistics and Quality to the National Mental Health Policy Laboratory.
Revises the duties of the CMHS Director.
Reauthorizes the Secretary's authority to address priority mental health needs of regional and national significance.
Amends the PHSA to reauthorize and revise requirements for a youth interagency research, training, and technical assistance center to prevent suicides (the Suicide Prevention Technical Assistance Center). Expands the program's focus from youth suicides to suicides among all ages, particularly among groups that are at high risk for suicide. Repeals authority for grants to establish research, training, and technical assistance centers related to mental health, substance abuse and the justice system.
Reauthorizes a program of grants for the development of state or tribal youth suicide early intervention and prevention strategies.
Reauthorizes and revises a grant program to enhance services for students with mental health or substance use disorders at institutions of higher education. Requires the Secretary (who currently is merely authorized), acting through the CMHS Director, to award grants to enhance such services and to develop best practices for the delivery of such services. Permits grant funds to be used for the provision of such services to students and to employ appropriately trained staff. Requires the Secretary to give special consideration to applications for grants that describe programs that demonstrate the greatest need for new or additional mental and substance use disorder services and the greatest potential for replication.
Requires the Assistant Secretary, before making a grant to a public entity for comprehensive community mental health services to children with a serious emotional disturbance, to consult with the Director of the National Institutes of Health (NIH) to ensure that the grant recipient will use evidence-based practices. Reauthorizes funding for such grants.
Repeals current authority of the Secretary to carry out directly or through grants, contracts or cooperative agreements with public entities a program to assist local communities in developing ways to assist children in dealing with violence.
Reauthorizes the National Child Traumatic Stress Network. Amends the Protection and Advocacy for Individuals with Mental Illness Act to reduce corresponding funding for protection and advocacy systems for mentally ill individuals.
Prohibits lobbying by any such systems accepting federal funds to protect and advocate the rights of individuals with mental illness.
Prohibits the SAMHSA Administrator from hosting or sponsoring any conference that will not be primarily administered by SAMHSA without giving at least 90 days prior notice to specified congressional committees.
Prohibits the SAMHSA Administrator also from establishing (and the Secretary from delegating to the Administrator responsibility for) any program or project not explicitly authorized or required by statute. Terminates by the end of FY2014 any SAMHSA program or project not so explicitly authorized or required.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3717 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3717
To make available needed psychiatric, psychological, and supportive
services for individuals diagnosed with mental illness and families in
mental health crisis, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 12, 2013
Mr. Murphy of Pennsylvania (for himself, Mr. Cassidy, Mr. Lance, and
Ms. Eddie Bernice Johnson of Texas) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on the Judiciary, Education and the
Workforce, Ways and Means, and Science, Space, and Technology, 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
_______________________________________________________________________
A BILL
To make available needed psychiatric, psychological, and supportive
services for individuals diagnosed with mental illness and families in
mental health crisis, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Helping Families
in Mental Health Crisis Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ASSISTANT SECRETARY FOR MENTAL HEALTH
Sec. 101. Assistant Secretary for Mental Health and Substance Use
Disorders.
Sec. 102. Interagency Serious Mental Illness Coordinating Committee.
Sec. 103. Assisted outpatient treatment grant program.
Sec. 104. Tele-psychiatry and primary care physician training grant
program.
TITLE II--FEDERALLY QUALIFIED BEHAVIORAL HEALTH CLINICS
Sec. 201. Demonstration program to improve federally qualified
community behavioral health clinic
services.
TITLE III--HIPAA AND FERPA CAREGIVERS
Sec. 301. Promoting appropriate treatment for mentally ill individuals
by treating their caregivers as personal
representatives for purposes of HIPAA
privacy regulations.
Sec. 302. Caregivers permitted access to certain education records
under FERPA.
TITLE IV--DEPARTMENT OF JUSTICE REFORMS
Sec. 401. Additional purposes for certain Federal grants.
Sec. 402. Reauthorization and additional amendments to the Mentally Ill
Offender Treatment and Crime Reduction Act.
Sec. 403. Assisted outpatient treatment.
Sec. 404. Improvements to the Department of Justice data collection and
reporting of mental illness in crime.
Sec. 405. Reports on the number of seriously mentally ill who are
imprisoned.
TITLE V--MEDICARE AND MEDICAID REFORMS
Sec. 501. Enhanced Medicaid coverage relating to certain mental health
services.
Sec. 502. Access to mental health prescription drugs under Medicare and
Medicaid.
TITLE VI--RESEARCH BY NATIONAL INSTITUTE OF MENTAL HEALTH
Sec. 601. Increase in funding for certain research.
TITLE VII--COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT REFORM
Sec. 701. Administration of block grants by Assistant Secretary.
Sec. 702. Additional program requirements.
Sec. 703. Period for expenditure of grant funds.
Sec. 704. Treatment standard under State law.
Sec. 705. Assisted outpatient treatment under State law.
Sec. 706. Best available science and models of care.
Sec. 707. Paperwork reduction study.
TITLE VIII--BEHAVIORAL HEALTH AWARENESS PROGRAM
Sec. 801. Reducing the stigma of serious mental illness.
TITLE IX--BEHAVIORAL HEALTH INFORMATION TECHNOLOGY
Sec. 901. Extension of health information technology assistance for
behavioral and mental health and substance
abuse.
Sec. 902. Extension of eligibility for Medicare and Medicaid health
information technology implementation
assistance.
TITLE X--EXPANDING ACCESS TO CARE THROUGH HEALTH CARE PROFESSIONAL
VOLUNTEERISM
Sec. 1001. Liability protections for health care professional
volunteers at community health centers and
federally qualified community behavioral
health clinics.
TITLE XI--SAMHSA REAUTHORIZATION AND REFORMS
Subtitle A--Organization and General Authorities
Sec. 1101. In general.
Sec. 1102. Advisory councils.
Sec. 1103. Peer review.
Sec. 1104. Data collection.
Subtitle B--Center for Mental Health Services
Sec. 1111. Center for Mental Health Services.
Sec. 1112. Reauthorization of priority mental health needs of regional
and national significance.
Sec. 1113. Garrett Lee Smith Reauthorization.
Subtitle C--Children With Serious Emotional Disturbances
Sec. 1121. Comprehensive community mental health services for children
with serious emotional disturbances.
Sec. 1122. General provisions; report; funding.
Subtitle D--Projects for Children and Violence
Sec. 1131. Children and violence.
Sec. 1132. Reauthorization of National Child Traumatic Stress Network.
Subtitle E--Protection and Advocacy for Individuals With Mental Illness
Sec. 1141. Prohibition against lobbying by systems accepting Federal
funds to protect and advocate the rights of
individuals with mental illness.
Subtitle F--Limitations on Authority
Sec. 1151. Limitations on SAMHSA programs.
Sec. 1152. Elimination of unauthorized SAMHSA programs.
TITLE I--ASSISTANT SECRETARY FOR MENTAL HEALTH
SEC. 101. ASSISTANT SECRETARY FOR MENTAL HEALTH AND SUBSTANCE USE
DISORDERS.
Title V of the Public Health Service Act is amended by inserting
after section 501 of such Act (42 U.S.C. 290aa) the following:
``SEC. 501A. ASSISTANT SECRETARY FOR MENTAL HEALTH AND SUBSTANCE USE
DISORDERS.
``(a) In General.--There shall be in the Department of Health and
Human Services an official to be known as the Assistant Secretary for
Mental Health and Substance Use Disorders (in this section referred to
as the `Assistant Secretary'), who shall--
``(1) report directly to the Secretary;
``(2) be appointed by the Secretary, by and with the advice
and consent of the Senate; and
``(3) be selected from among individuals who--
``(A)(i) have a doctoral degree in medicine or
osteopathic medicine and clinical and research
experience in psychiatry;
``(ii) graduated from an Accreditation Council for
Graduate Medical Education-certified psychiatric
residency program; and
``(iii) have an understanding of biological,
psychosocial, and pharmaceutical treatments of mental
illness; or
``(B) have a doctoral degree in psychology with--
``(i) clinical and research experience; and
``(ii) an understanding of biological,
psychosocial, and pharmaceutical treatments of
mental illness.
``(b) Relation to SAMHSA Administrator.--The Administrator of the
Substance Abuse and Mental Health Services Administration shall be
under the supervision and direction of the Assistant Secretary.
``(c) Duties.--The Assistant Secretary shall--
``(1) promote the coordination of service programs
conducted by other departments, agencies, organizations, and
individuals that are or may be related to the problems of
individuals suffering from substance abuse and mental illness;
``(2) carry out any functions within the Department of
Health and Human Services--
``(A) to improve the treatment of, and related
services to, individuals with respect to substance
abuse and mental illness;
``(B) to improve prevention services for such
individuals; and
``(C) to protect the legal rights of individuals
with mental illnesses and individuals who are substance
abusers;
``(3) carry out the administrative and financial
management, policy development and planning, evaluation,
knowledge dissemination, and public information functions that
are required for the implementation of mental health programs,
including block grants, treatments, and data collection;
``(4) ensure that the Substance Abuse and Mental Health
Services Administration conducts and coordinates demonstration
projects, evaluations, and service system assessments and other
activities necessary to improve the availability and quality of
treatment, prevention, and related services related to
substance abuse;
``(5) within the Department of Health and Human Services,
oversee and coordinate all programs and activities relating to
the prevention of, or treatment or rehabilitation for, mental
health or substance use disorders;
``(6) across the Federal Government--
``(A) review programs and activities described in
paragraph (5);
``(B) identify any such programs and activities
that are duplicative; and
``(C) formulate recommendations for the
coordination and improvement of such programs and
activities; and
``(7) supervise data collection for and disseminate best
practices by the National Mental Health Policy Laboratory.
``(d) Prioritization of Integration of Services and Early Diagnosis
and Intervention.--In carrying out the duties described in subsection
(c), the Assistant Secretary shall prioritize--
``(1) the integration of services for the purpose of
preventing, treating, or providing rehabilitation for the
prevention of, and treatment or rehabilitation for, mental
health or substance use disorders with primary care services;
and
``(2) early diagnosis and intervention services for the
prevention of, and treatment or rehabilitation for, serious
mental health or substance use disorders.
``(e) National Mental Health Policy Laboratory.--
``(1) In general.--The Assistant Secretary for Mental
Health and Substance Use Disorders shall establish, within the
Office of the Assistant Secretary, the National Mental Health
Policy Laboratory (in this section referred to as the `NMHPL'),
to be headed by a Director.
``(2) Duties.--The Director of the NMHPL shall--
``(A) identify and implement policy changes and
other trends likely to have the most significant impact
on mental health services and monitor their impact in
accordance with the principles outlined in National
Advisory Mental Health Council's 2006 report entitled
`The Road Ahead: Research Partnerships To Transform
Services';
``(B) collect information from grantees under
programs established or amended by the Helping Families
in Mental Health Crisis Act of 2013 and under other
mental health programs under this Act, including
grantees that are federally qualified community
behavioral health clinics certified under section 201
of the Helping Families in Mental Health Crisis Act of
2013 and States receiving funds under a block grant
under part B of title XIX of this Act; and
``(C) evaluate and disseminate to such grantees
evidence-based practices and services delivery models
using the best available science shown to reduce
program expenditures while enhancing the quality of
care furnished to individuals by other such grantees.
``(3) Evidence-based practices and service delivery
models.--In selecting evidence-based practices and services
delivery models for evaluation and dissemination under
paragraph (2)(C), the Director of the NMHPL--
``(A) shall give preference to models that improve
the coordination, quality, and efficiency of health
care services furnished to individuals with serious
mental illness; and
``(B) may include clinical protocols and practices
used in the Recovery After Initial Schizophrenia
Episode (RAISE) project and the North American Prodrome
Longitudinal Study (NAPLS) of the National Institute of
Mental Health.
``(4) Deadline for beginning implementation.--The Director
of the NMHPL shall begin implementation of the duties described
in this subsection not later than January 1, 2016.
``(5) Consultation.--In carrying out the duties under this
section, the Director of the NMHPL shall consult with--
``(A) representatives of the National Institute of
Mental Health on organization, hiring decisions, and
operations, initially and on an ongoing basis;
``(B) other appropriate Federal agencies; and
``(C) clinical and analytical experts with
expertise in medicine, psychiatric and clinical
psychological care, and health care management.
``(6) Evaluation.--
``(A) In general.--The Director of the NMHPL shall
conduct an evaluation of grant programs described in
paragraph (2)(B). Such evaluation shall include an
analysis of--
``(i) the quality of care furnished under
the respective services delivery model,
including the measurement of patient-level
outcomes and public health outcomes such as
reduced mortality rates, reduced
hospitalization from psychotic episodes, and
other criteria determined by the Assistant
Secretary; and
``(ii) the changes in spending under such
programs by reason of the model.
``(B) Information.--The Assistant Secretary shall
make the results of each evaluation under this
paragraph available to the public in a timely fashion
and may establish requirements for States and other
entities participating in the testing of models under
grant programs described in paragraph (2)(B) to collect
information that the Assistant Secretary determines is
necessary to monitor and evaluate such models.
``(f) Expansion of Models.--
``(1) In general.--Taking into account the results of
evaluations under subsection (e), the Assistant Secretary may,
by rule, as part of the program of block grants for community
mental health services under subpart I of part B of title XIX,
provide for expanded use across the Nation of service delivery
models by providers funded under such block grants, so long
as--
``(A) the Assistant Secretary determines that such
expansion will--
``(i) reduce spending under such block
grants without reducing the quality of care; or
``(ii) improve the quality of patient care
without significantly increasing spending; and
``(B) the Director of the National Institute of
Mental Health determines that such expansion would
improve the quality of patient care.
``(2) Congressional review.--Any rule promulgated pursuant
to paragraph (1) is deemed to be a major rule subject to
congressional review and disapproval under chapter 8 of title
5, United States Code.
``(g) Reports to Congress.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter, the Assistant
Secretary shall submit a report to the Congress--
``(1) summarizing the activities of the Assistant
Secretary;
``(2) analyzing the efficiency and effectiveness of Federal
programs and activities relating to the prevention of, or
treatment or rehabilitation for, mental health or substance use
disorders, including an accounting of the costs of such
programs and activities with administrative costs disaggregated
from the costs of services and care provided;
``(3) evaluating the impact on public health of projects
addressing priority mental health needs of regional and
national significance under section 520A to determine--
``(A) whether each such project has reduced the
mortality rate, prevalence, and emergency room visits
for persons with serious mental illness; and
``(B) the effect of such projects on other public
health measures;
``(4) formulating recommendations for the coordination and
improvement of Federal programs and activities described in
paragraph (2); and
``(5) identifying any such programs and activities that are
duplicative.
``(h) Funding.--Of the amounts made available to carry out the
block grant for community mental health services for each of fiscal
years 2014 through 2019, not more than 5 percent of such amounts are
authorized to be appropriated to carry out this section.''.
SEC. 102. INTERAGENCY SERIOUS MENTAL ILLNESS COORDINATING COMMITTEE.
Title V of the Public Health Service Act, as amended by section
701, is further amended by inserting after section 501A of such Act the
following:
``SEC. 501B. INTERAGENCY SERIOUS MENTAL ILLNESS COORDINATING COMMITTEE.
``(a) Establishment.--The Assistant Secretary for Mental Health and
Substance Use Disorders (in this section referred to as the `Assistant
Secretary') shall establish a committee, to be known as the Interagency
Serious Mental Illness Coordinating Committee (in this section referred
to as the `Committee'), to assist the Assistant Secretary in carrying
out the Assistant Secretary's duties.
``(b) Responsibilities.--The Committee shall--
``(1) develop and annually update a summary of advances in
serious mental illness research related to causes, prevention,
treatment, early screening, diagnosis or rule out,
intervention, and access to services and supports for
individuals with serious mental illness;
``(2) monitor Federal activities with respect to serious
mental illness;
``(3) make recommendations to the Assistant Secretary
regarding any appropriate changes to such activities, including
recommendations to the Director of NIH with respect to the
strategic plan developed under paragraph (5);
``(4) make recommendations to the Assistant Secretary
regarding public participation in decisions relating to serious
mental illness;
``(5) develop and annually update a strategic plan for the
conduct of, and support for, serious mental illness research,
including proposed budgetary requirements; and
``(6) submit to the Congress such strategic plan and any
updates to such plan.
``(c) Membership.--
``(1) In general.--The Committee shall be composed of--
``(A) the Assistant Secretary for Mental Health and
Substance Use Disorders (or the Assistant Secretary's
designee), who shall serve as the Chair of the
Committee;
``(B) the Director of the National Institute of
Mental Health (or the Director's designee);
``(C) the Attorney General of the United States (or
the Attorney General's designee);
``(D) the Director of the Centers for Disease
Control and Prevention (or the Director's designee);
``(E) the Director of the National Institutes of
Health (or the Director's designee);
``(F) the directors of such national research
institutes of the National Institutes of Health as the
Assistant Secretary for Mental Health and Substance Use
Disorders determines appropriate (or their designees);
``(G) representatives, appointed by the Assistant
Secretary, of Federal agencies that are outside of the
Department of Health and Human Services and serve
individuals with serious mental illness, such as the
Department of Education;
``(H) the Administrator of Substance Abuse and
Mental Health Services Administration; and
``(I) the additional members appointed under
paragraph (2).
``(2) Additional members.--Not fewer than 9 members of the
Committee, or \1/3\ of the total membership of the Committee,
whichever is greater, shall be composed of non-Federal public
members to be appointed by the Assistant Secretary, of which--
``(A) at least one such member shall be an
individual with a diagnosis of serious mental illness
who has benefitted from and is receiving medical
treatment under the care of a physician;
``(B) at least one such member shall be a parent or
legal guardian of an individual with a serious mental
illness;
``(C) at least one such member shall be a
representative of leading research, advocacy, and
service organizations for individuals with serious
mental illness;
``(D) at least one member shall be a psychiatrist;
``(E) at least one member shall be a clinical
psychologist;
``(F) at least one member shall be a judge with
successful experiences applying assisted outpatient
treatment;
``(G) at least one member shall be a law
enforcement officer; and
``(H) at least one member shall be a corrections
officer.
``(d) Administrative Support; Terms of Service; Other Provisions.--
The following provisions shall apply with respect to the Committee:
``(1) The Assistant Secretary shall provide such
administrative support to the Committee as may be necessary for
the Committee to carry out its responsibilities.
``(2) Members of the Committee appointed under subsection
(c)(2) shall serve for a term of 4 years, and may be
reappointed for one or more additional 4-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
taken office.
``(3) The Committee shall meet at the call of the chair or
upon the request of the Assistant Secretary. The Committee
shall meet not fewer than 2 times each year.
``(4) All meetings of the Committee shall be public and
shall include appropriate time periods for questions and
presentations by the public.
``(e) Subcommittees; Establishment and Membership.--In carrying out
its functions, the Committee may establish subcommittees and convene
workshops and conferences. Such subcommittees shall be composed of
Committee members and may hold such meetings as are necessary to enable
the subcommittees to carry out their duties.''.
SEC. 103. ASSISTED OUTPATIENT TREATMENT GRANT PROGRAM.
(a) In General.--The Assistant Secretary for Mental Health and
Substance Use Disorders (in this section referred to as the ``Assistant
Secretary''), in consultation with the Director of the National
Institute of Mental Health and the Attorney General of the United
States, shall establish a 4-year pilot program to award not more than
50 grants each year to counties, cities, mental health systems, mental
health courts, and any other entities with authority under the law of a
State to implement, monitor, and oversee assisted outpatient treatment
programs. The Assistant Secretary may only award grants under this
section to applicants that have not previously implemented an assisted
outpatient treatment program. The Assistant Secretary shall evaluate
applicants based on their potential to reduce hospitalization,
homelessness, incarceration, and interaction with the criminal justice
system while improving health outcomes, such as adherence to medication
usage.
(b) Use of Grant.--An assisted outpatient treatment program carried
out with a grant awarded under this section shall include--
(1) evaluating and seeking out eligible individuals who may
benefit from assisted outpatient treatment;
(2) preparing and executing treatment plans for eligible
patients and filing petitions for assisted outpatient treatment
in appropriate courts;
(3) providing case management services to eligible patients
who are participating in the program to provide such patients
with resources, monitoring, and oversight, including directly
monitoring a participant's level of compliance and the delivery
of services by other providers pursuant to the court order; and
(4) carrying out referrals and medical evaluations, and
paying the costs of legal counsel for commitment orders to be
submitted and evaluated by the courts.
(c) Data Collection.--Grantees under this section shall provide in
a timely fashion any data collected pursuant to the grant to the
National Mental Health Policy Laboratory, as requested by the Assistant
Secretary, concerning health outcomes and treatments.
(d) Report.--The Assistant Secretary shall submit an annual report
to the Committees on Energy and Commerce and the Judiciary of the House
of Representatives, the Committees on Health, Education, Labor, and
Pensions and the Judiciary of the Senate, and the Congressional Budget
Office on the grant program under this section. Each such report shall
include an evaluation of the following:
(1) Cost savings and public health outcomes such as
mortality, suicide, substance abuse, hospitalization, and use
of services.
(2) Rates of incarceration by patients.
(3) Rates of employment by patients.
(4) Rates of homelessness.
(e) Definitions.--In this section:
(1) Assisted outpatient treatment.--The term ``assisted
outpatient treatment'' means--
(A) except as provided in subparagraph (B),
medically prescribed treatment that an eligible patient
must undergo while living in a community under the
terms of a law authorizing a State or local court to
order such treatment; and
(B) in the case of a State that does not have a law
described in subparagraph (A) in effect on the date of
enactment--
(i) a court-ordered treatment plan for an
eligible patient that requires such patient to
obtain outpatient mental health treatment while
the patient is living in a community; and
(ii) is designed to improve access and
adherence by such patient to intensive
behavioral health services in order to--
(I) avert relapse, repeated
hospitalizations, arrest,
incarceration, suicide, property
destruction, and violent behavior; and
(II) provide such patient with the
opportunity to live in a less
restrictive alternative to
incarceration or involuntary
hospitalization.
(2) Eligible patient.--The term ``eligible patient'' means
an adult, mentally ill person who, as determined by the court--
(A) has a history of violence, incarceration, or
medically unnecessary hospitalizations;
(B) without supervision and treatment, may be a
danger to self or others in the community;
(C) is substantially unlikely to voluntarily
participate in treatment;
(D) may be unable, for reasons other than
indigence, to provide for any of his or her basic
needs, such as food, clothing, shelter, health, or
safety;
(E) has a history of mental illness or condition
that is likely to substantially deteriorate if the
patient is not provided with timely treatment; or
(F) due to mental illness, lacks capacity to fully
understand or lacks judgment to make informed decisions
regarding his or her need for treatment, care, or
supervision.
(f) Funding.--
(1) Amount of grants.--A grant under this section shall be
in an amount that is not more than $1,000,000 for each of grant
years 2014 through 2017. Subject to the preceding sentence, the
Assistant Secretary shall determine the amount of each grant
based on the population of patients of the area to be served
under the grant.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 2014 through 2017.
SEC. 104. TELE-PSYCHIATRY AND PRIMARY CARE PHYSICIAN TRAINING GRANT
PROGRAM.
(a) In General.--The Assistant Secretary of Mental Health and
Substance Use Disorders (in this section referred to as the ``Assistant
Secretary'') shall establish a grant program (in this section referred
to as the ``grant program'') under which the Assistant Secretary shall
award to 10 eligible States (as described in subsection (e)) grants for
carrying out all 3 of the purposes described in subsections (b), (c),
and (d).
(b) Training Program for Certain Primary Care Physicians.--For
purposes of subsection (a), the purpose described in this subsection,
with respect to a grant awarded to a State under the grant program, is
for the State to establish a training program to train primary care
physicians in--
(1) approved standardized behavioral-health screening
tools, including--
(A) Ages and Stages Questionnaires (ASQ: SE);
(B) Brief Infant-Toddler Social and Emotional
Assessment (BITSEA);
(C) screening for substance abuse, known as Car,
Relax, Alone, Forget, Friends, Trouble, (CRAFFT);
(D) screening for autism, known as Modified
Checklist for Autism in Toddlers (M-CAT);
(E) Parents' Evaluation of Developmental Status
(PEDS);
(F) screening for depression, known as Patient
Health Questionnaire-9 (PHQ-9);
(G) Pediatric Symptom Checklist (PSC) and Pediatric
Symptom Checklist-Youth Report (Y-PSC);
(H) Strengths and Difficulties Questionnaire (SDQ);
and
(I) any additional areas that the Assistant
Secretary determines applicable;
(2) implementing the use of behavioral-health screening
tools in their practices; and
(3) knowing what to do when a behavioral-health need is
identified.
(c) Payments for Mental Health Services Provided by Certain Primary
Care Physicians.--
(1) For purposes of subsection (a), the purpose described
in this subsection, with respect to a grant awarded to a State
under the grant program, is for the State to provide, in
accordance with this subsection, in the case of a primary care
physician that participates in the training program of the
State establish pursuant to subsection (b), payments to the
primary care physician for services furnished by the primary
care physician.
(2) The Assistant Secretary, in determining the structure,
quality, and form of payment under paragraph (1) shall seek to
find innovative payment systems which may take in to account--
(A) quality of services rendered;
(B) patients' health outcome;
(C) geographical location of where services were
provided;
(D) severity of patients' medical condition;
(E) duration of services provided; and
(F) feasibility of replicating that payment model
in other States nationwide.
(d) Telehealth Services for Mental Health Disorders.--
(1) In general.--For purposes of subsection (a), the
purpose described in this subsection, with respect to a grant
awarded to a State under the grant program, is for the State to
provide, in the case of an individual furnished items and
services by a primary care physician during an office visit,
for payment for a consultation provided by a psychiatrist or
psychologist to such physician with respect to such individual
through the use of qualified telehealth technology for the
identification, diagnosis, mitigation, or treatment of a mental
health disorder if such consultation occurs not later than the
first business day that follows such visit.
(2) Qualified telehealth technology.--For purposes of
subsection (C)(1), the term ``qualified telehealth
technology'', with respect to the provision of items and
services to a patient by a health care provider--
(A) includes the use of interactive audio, audio-
only telephone conversation, video, or other
telecommunications technology by a health care provider
to deliver health care services within the scope of the
provider's practice at a site other than the site where
the patient is located, including the use of electronic
media for consultation relating to the health care
diagnosis or treatment of the patient; and
(B) does not include the use of electronic mail
message or facsimile transmission.
(e) Eligible State.--
(1) In general.--For purposes of this section, an eligible
State is a State that has submitted to the Assistant Secretary
an application under paragraph (a) and has been selected under
paragraph (3).
(2) Application.--A State seeking to participate in the
grant program under this section shall submit to the Assistant
Secretary, at such time and in such format as the Assistant
Secretary requires, an application that includes such
information, provisions, and assurances, as the Assistant
Secretary may require.
(3) Matching requirement.--The Assistant Secretary may not
make a grant under the grant program unless the State involved
agrees, with respect to the costs to be incurred by the State
in carrying out the purpose described in this section, to make
available non-Federal contributions (in cash or in kind) toward
such costs in an amount equal to not less than 20 percent of
Federal funds provided in the grant.
(4) Selection.--A State shall be determined eligible for
the grant program by the Assistant Secretary on a competitive
basis among States with applications meeting the requirements
of paragraphs (2) and (3). In selecting State applications for
the grant program, the Secretary shall seek to achieve an
appropriate national balance in the geographic distribution of
grants awarded under the grant program.
(f) Length of Grant Program.--The grant program established under
this section shall be conducted for a period of 3 consecutive years.
(g) Authorization of Appropriations.--Out of any funds in the
Treasury not otherwise appropriated, there is authorized to be
appropriated to carry out this section, $3,000,000 for each of the
fiscal years 2015 through 2017.
(h) Reports.--
(1) Reports.--For each fiscal year that grants are awarded
under this section, the Assistant Secretary and the National
Mental Health Policy Laboratory shall conduct a study on the
results of the grants and submit to the Congress a report on
such results that includes the following:
(A) An evaluation of the grant program outcomes,
including a summary of activities carried out with the
grant and the results achieved through those
activities.
(B) Recommendations on how to improve access to
mental health services at grantee locations.
(C) An assessment of access to mental health
services under the program.
(D) An assessment of the impact of the
demonstration project on the costs of the full range of
mental health services (including inpatient, emergency
and ambulatory care).
(E) Recommendations on congressional action to
improve the grant.
(2) Report.--Not later than December 31, 2017, the
Assistant Secretary and the National Mental Health Policy
Laboratory shall submit to Congress and make available to the
public a report on the findings of the evaluation under
paragraph (1) and also a policy outline on how Congress can
expand the grant program to the national level.
TITLE II--FEDERALLY QUALIFIED BEHAVIORAL HEALTH CLINICS
SEC. 201. DEMONSTRATION PROGRAM TO IMPROVE FEDERALLY QUALIFIED
COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES.
(a) Establishment.--Not later than January 1, 2016, the Secretary
of Health and Human Services (referred to in this section as the
``Secretary''), in coordination with the Assistant Secretary for Mental
Health and Substance Use Disorders, shall award planning grants to not
to exceed 10 States to enable such States to carry out 5-year
demonstration programs to improve the provision of behavioral health
services provided by federally qualified community behavioral health
clinics in the State.
(b) Eligibility.--
(1) Application.--To be eligible to receive a grant under
subsection (a), a State shall--
(A) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require;
(B) certify to the Secretary that behavioral health
providers that are provided assistance under the
demonstration program are federally qualified community
behavioral health clinics;
(C) certify to the Secretary that, with respect to
the behavioral health providers provided assistance
under the demonstration program, not more than 75
percent of the total number of such providers are
participating providers under the State Medicaid plan
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.);
(D) demonstrate the actuarial soundness of the
demonstration program to be carried out under the grant
by providing a detailed estimate of eligible clinics
and Medicaid expenditures over the entire projected
period of the demonstration program; and
(E) comply with any other requirement determined
appropriate by the Secretary.
(2) Waiver of medicaid requirements.--In approving States
to conduct demonstration programs under this section, the
Secretary shall waive such provisions of title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) as are necessary
to conduct the demonstration program in accordance with the
requirements of this section, including section 1902(a)(1) of
the Social Security Act (42 U.S.C. 1396a(a)(1)) (relating to
statewideness).
(c) Requirements.--In awarding grants under this section, the
Secretary shall--
(1) ensure the geographic diversity of grantee States;
(2) ensure that federally qualified community behavioral
health clinics in such States that are located in rural areas,
as defined by the Secretary, and other mental health
professional shortage areas are fairly and appropriately
considered with the objective of facilitating access to mental
health services in such areas;
(3) take into account the ability of clinics in such States
to provide required services, and the ability of such clinics
to report required data as required under this section; and
(4) take into account the ability of such States to provide
such required services on a statewide basis.
(d) Treatment of Certain Services Provided by Community Behavioral
Health Clinics as Medical Assistance.--
(1) In general.--For purposes of the demonstration program
under this section, community behavioral health clinic services
(as defined in subsection (f)(1)) that are provided by
federally qualified community behavioral health clinics
receiving assistance under this section shall be considered
medical assistance for purposes of payments to States under
paragraph (3)(C).
(2) Grant condition.--As a condition of receiving a grant
under this section, a State shall agree to provide for payment
for community behavioral health clinic services in accordance
with the prospective payment system established by the
Secretary under paragraph (3).
(3) Prospective payment system.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
establish a prospective payment system for community
behavioral health clinic services furnished by a
community behavioral health clinic receiving assistance
under this section in the same manner as payments are
required to be made under section 1902(bb) of the
Social Security Act (42 U.S.C. 1396a(bb)) for services
described in section 1905(a)(2)(C) of such Act (42
U.S.C. 1396d(a)(2)(C)) furnished by a federally
qualified health center and services described in
section 1905(a)(2)(B) of such Act (42 U.S.C.
1396d(a)(2)(B)) furnished by a rural health clinic.
(B) Requirements.--The prospective payment system
established by the Secretary under subparagraph (A)
shall provide that--
(i) no payment shall be made for inpatient
care, residential treatment, room and board
expenses, or any other nonambulatory services,
as determined by the Secretary; and
(ii) no payment shall be made to satellite
facilities of community behavioral health
clinics if such facilities are established
after the date of enactment of this Act.
(C) Payments to states.--The Secretary shall pay
each State awarded a grant under this section an amount
each quarter equal to the enhanced FMAP (as defined in
section 2105(b) of the Social Security Act (42 U.S.C.
1397dd(b)) but without regard to the second and third
sentences of that section) of the State's expenditures
in the quarter for medical assistance for community
behavioral health clinic services provided by federally
qualified community behavioral health clinics in the
State that receive assistance under this section.
Payments to States made under this subparagraph shall
be considered to have been under, and are subject to
the requirements of, section 1903 of the Social
Security Act (42 U.S.C. 1396b).
(e) Annual Report.--
(1) In general.--Not later than 1 year after the date on
which the first grants are awarded under this section, and
annually thereafter, the Secretary shall submit to Congress an
annual report on the use of funds provided under the
demonstration program. Each such report shall include--
(A) an assessment of access to community-based
mental health services under the Medicaid program in
the States awarded such grants;
(B) an assessment of the quality and scope of
services provided by federally qualified community
behavioral health clinics under the grants as compared
against community-based mental health services provided
in States that are not receiving such grants;
(C) an assessment of the impact of the
demonstration programs on the costs of a full range of
mental health services (including inpatient, emergency
and ambulatory services); and
(D) a peer-reviewed assessment of the public health
impact, including but not limited to rates of community
mortality, hospitalization, and other measures as
determined by the Director of the National Institute of
Mental Health.
(2) Recommendations.--Not later than December 31, 2019, the
Secretary shall submit to Congress recommendations concerning
whether the demonstration programs under this section should be
continued and expanded on a national basis.
(3) Data collection.--Grantees shall provide in a timely
fashion any such data to the National Mental Health Policy
Laboratory, as requested by the Assistant Secretary concerning
health outcomes and treatments.
(f) Criteria for Federally Qualified Community Behavioral Health
Clinics.--
(1) In general.--The Assistant Secretary for Mental Health
and Substance Use Disorders shall certify federally qualified
community behavioral health clinics as meeting the criteria
specified in this subsection.
(2) Criteria.--The criteria referred to in this subsection
are that the clinic performs each of the following:
(A) Provide required primary health services (as
defined by the Assistant Secretary for Mental Health
and Substance Use Disorders).
(B) Provide services in locations that ensure
services will be available and accessible promptly and
in a manner which preserves human dignity and assures
continuity of care.
(C) Provide services in a mode of service delivery
appropriate for the target population.
(D) Provide individuals with a choice of service
options where there is more than one evidence-based
treatment.
(E) Employ a core staff that is sufficiently
trained in child and adolescent psychiatry or
psychology.
(F) Employ a core staff that is sufficiently
trained in child and adolescent psychiatry, dual
diagnosis issues, crisis management and stabilization
and interventions with patients at high risk for
violence.
(G) Provide services, within the limits of the
capacities of the center, to any individual residing or
employed in the service area of the center, regardless
of the ability of the individual to pay.
(H) Provide, directly or through contract, to the
extent covered for adults in the State Medicaid plan
under title XIX of the Social Security Act and for
children in accordance with section 1905(r) of such Act
regarding early and periodic screening, diagnosis, and
treatment, each of the following services:
(i) Screening, assessment, and diagnosis,
including risk assessment.
(ii) Person-centered treatment planning or
similar processes, including risk assessment
and crisis planning.
(iii) Outpatient mental health and
substance use services, including screening,
assessment, diagnosis, psychotherapy,
medication management, and integrated treatment
for mental illness and substance abuse which
shall be evidence-based (including cognitive
behavioral therapy and other such therapies
which are evidence-based).
(iv) Outpatient clinic primary care
screening and monitoring of key health
indicators and health risk (including screening
for diabetes, hypertension, and cardiovascular
disease and monitoring of weight, height, body
mass index (BMI), blood pressure, blood glucose
or HbA1C, and lipid profile).
(v) Crisis mental health services,
including 24-hour mobile crisis teams,
emergency crisis intervention services, and
crisis stabilization.
(vi) Targeted case management (services
provided by a social worker to assist
individuals gaining access to needed medical,
social, educational, and other services and
applying for income security and other benefits
to which they may be entitled).
(vii) Psychiatric rehabilitation services
including skills training, assertive community
treatment, family psychoeducation, disability
self-management, supported employment,
supported housing services, therapeutic foster
care services, and such other evidence-based
practices as the Secretary may require.
(viii) Peer support and counselor services
and family supports.
(ix) Supported education and supported
employment for individuals with serious mental
illness after an initial psychotic episode.
(x) Case management services for
individuals with serious mental illness after
an initial psychotic episode.
(I) Use and share electronic health records
consistent with other applicable law.
(J) Be available to provide assisted outpatient
treatment that is ordered by a State court pursuant to
a State law described in section 1915(d).
(K) Be available to participate in research
projects conducted or supported by the National
Institute of Mental Health.
(L) Maintain linkages, and where possible enter
into formal contracts with the following:
(i) Federally qualified health centers.
(ii) Inpatient psychiatric facilities and
substance use detoxification, post-
detoxification step-down services, and
residential programs.
(iii) Adult and youth peer support and
counselor services.
(iv) Family support services for families
of children with serious mental or substance
use disorders.
(v) Other community or regional services,
supports, and providers, including schools,
child welfare agencies, juvenile and criminal
justice agencies and facilities (including
mental health courts, local police forces, and
local jails and other detention facilities),
housing agencies and programs, employers, and
other social services such as schools and
religious organizations.
(vi) Integrating care with primary care
services, including, to the extent feasible,
through a common delivery site.
(vii) Enabling services, including
outreach, transportation, and translation.
(viii) Health and wellness services,
including services for tobacco cessation.
(ix) Adopt models of first episode
psychosis training, supervision, team meetings,
and coordination with adjacent care
organizations.
(M) Where feasible, provide outreach and engagement
to encourage individuals who could benefit from mental
health care to freely participate in receiving the
services described in this subsection.
(3) Rule of construction.--Nothing in this section shall be
construed as prohibiting States receiving funds appropriated
through the Community Mental Health Services Block Grant under
this subpart from financing qualified community programs
(whether such programs meet the definition of eligible programs
prior to or after the date of enactment of this subsection).
(g) Definitions.--In this section:
(1) Community behavioral health clinic services.--The term
``community behavioral health clinic services'' means
ambulatory behavioral health services of the type described in
subparagraphs (I), (L), (M), and (N) of subsection (f)(2) that
are provided by federally qualified community behavioral health
clinics receiving assistance under this section.
(2) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(3) Federally qualified community behavioral health
clinic.--The term ``federally qualified community behavioral
health clinic'' means a federally qualified behavioral health
clinic with a certification in effect under this section.
(h) Authorization of Appropriations.--In order to fund State
planning grants and the administrative costs associated with certifying
community behavioral health clinics, there is authorized to be
appropriated to carry out this section, $50,000,000 for fiscal year
2016, to remain available until expended.
TITLE III--HIPAA AND FERPA CAREGIVERS
SEC. 301. PROMOTING APPROPRIATE TREATMENT FOR MENTALLY ILL INDIVIDUALS
BY TREATING THEIR CAREGIVERS AS PERSONAL REPRESENTATIVES
FOR PURPOSES OF HIPAA PRIVACY REGULATIONS.
(a) Caregiver Access to Information.--In applying section
164.502(g) of title 45, Code of Federal Regulations, to an individual
with a serious mental illness who does not provide consent for the
disclosure of protected health information to a caregiver of such
individual, the caregiver shall be treated by a covered entity as a
personal representative (as described under such section 164.502(g)) of
such individual with respect to protected health information of such
individual when the provider furnishing services to the individual
reasonably believes it is necessary for protected health information of
the individual to be made available to the caregiver in order to
protect the health, safety, or welfare of such individual or the safety
of one or more other individuals.
(b) Definitions.--For purposes of this section:
(1) Covered entity.--The term ``covered entity'' has the
meaning given such term in section 106.103 of title 45, Code of
Federal Regulations.
(2) Protected health information.--The term ``protected
health information'' has the meaning given such term in section
106.103 of title 45, Code of Federal Regulations.
(3) Caregiver.--The term ``caregiver'' means, with respect
to an individual with a serious mental illness--
(A) an immediate family member of such individual;
(B) an individual who assumes primary
responsibility for providing a basic need of such
individual; or
(C) a personal representative of the individual as
determined by the law of the State in which such
individual resides.
(4) Individual with a serious mental illness.--The term
``individual with a serious mental illness'' means, with
respect to the disclosure to a caregiver of protected health
information of an individual, an individual who--
(A) is 18 years of age or older; and
(B) has, within one year before the date of the
disclosure, been evaluated, diagnosed, or treated for a
mental, behavioral, or emotional disorder that--
(i) is determined by a physician to be of
sufficient duration to meet diagnostic criteria
specified within the Diagnostic and Statistical
Manual of Mental Disorders; and
(ii) results in functional impairment of
the individual that substantially interferes
with or limits one or more major life
activities of the individual.
SEC. 302. CAREGIVERS PERMITTED ACCESS TO CERTAIN EDUCATION RECORDS
UNDER FERPA.
Section 444 of the General Education Provisions Act (20 U.S.C.
1232g) is amended by adding at the end the following new subsection:
``(k) Disclosures to Caregivers of the Mentally Ill.--
``(1) In general.--Nothing in this Act, the Elementary and
Secondary Education Act of 1965, or the Higher Education Act of
1965 shall be construed to prohibit an educational agency or
institution from disclosing, to a caregiver of an individual
with a serious mental illness who has not explicitly provided
consent to the agency or institution for the disclosure of
protected health information, an education record of such
individual if a physician, psychologist, or other recognized
mental health professional or paraprofessional acting in his or
her professional or paraprofessional capacity, or assisting in
that capacity reasonably believes such disclosure to the
caregiver is necessary to protect the health, safety, or
welfare of such individual or the safety of one or more other
individuals.
``(2) Definitions.--In this subsection:
``(A) Caregiver.--The term `caregiver' means, with
respect to an individual with a serious mental illness,
a family member or immediate past legal guardian who
assumes a primary responsibility for providing a basic
need of such individual (such as a family member or
past legal guardian of the individual who has assumed
the responsibility of co-signing a loan with the
individual).
``(B) Education record.--Notwithstanding subsection
(a)(4)(B), the term `education record' shall include a
record described in clause (iv) of such subsection.
``(C) Individual with a serious mental illness.--
The term `individual with a serious mental illness'
means, with respect to the disclosure to a caregiver of
protected health information of an individual, an
individual who--
``(i) is 18 years of age or older; and
``(ii) has, within one year before the date
of the disclosure, been evaluated, diagnosed,
or treated for a mental, behavioral, or
emotional disorder that--
``(I) is determined by a physician
to be of sufficient duration to meet
diagnostic criteria specified within
the Diagnostic and Statistical Manual
of Mental Disorders; and
``(II) results in functional
impairment of the individual that
substantially interferes with or limits
one or more major life activities of
the individual.''.
TITLE IV--DEPARTMENT OF JUSTICE REFORMS
SEC. 401. ADDITIONAL PURPOSES FOR CERTAIN FEDERAL GRANTS.
(a) Modifications to the Edward Byrne Memorial Justice Assistance
Grant Program.--Section 501(a)(1) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is amended
by adding at the end the following:
``(H) Mental health programs and operations by law
enforcement or corrections officers.''.
(b) Modifications to the Community Oriented Policing Services
Program.--Section 1701(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) by redesignating paragraph (17) as paragraph (19);
(3) by inserting after paragraph (16) the following:
``(17) to provide specialized training to law enforcement
officers (including village public safety officers (as defined
in section 247 of the Indian Arts and Crafts Amendments Act of
2010 (42 U.S.C. 3796dd note))) to recognize individuals who
have mental illness and how to properly intervene with
individuals with mental illness, and to establish programs that
enhance the ability of law enforcement agencies to address the
mental health, behavioral, and substance abuse problems of
individuals encountered in the line of duty;
``(18) to provide specialized training to enhance the
ability of corrections officers to address the mental health of
individuals under the care and custody of jails and prisons;
and''; and
(4) in paragraph (19), as redesignated, by striking
``through (16)'' and inserting ``through (19)''.
(c) Modifications to the Staffing for Adequate Fire and Emergency
Response Grants.--Section 34(a)(1)(B) of Public Law 93-498 (15 U.S.C.
2229a(a)(1)(B)) is amended by inserting before the period at the end
the following: ``and to provide specialized training to paramedics,
emergency medical services workers, and other first responders to
recognize individuals who have mental illness and how to properly
intervene with individuals with mental illness''.
SEC. 402. REAUTHORIZATION AND ADDITIONAL AMENDMENTS TO THE MENTALLY ILL
OFFENDER TREATMENT AND CRIME REDUCTION ACT.
(a) Safe Communities.--
(1) In general.--Section 2991(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797aa(a)) is amended--
(A) in paragraph (7)--
(i) in the heading, by striking ``Mental
illness'' and inserting ``Mental illness;
mental health disorder''; and
(ii) by striking ``term `mental illness'
means'' and inserting ``terms `mental illness'
and `mental health disorder' mean''; and
(B) by striking paragraph (9) and inserting the
following:
``(9) Preliminarily qualified offender.--
``(A) In general.--The term `preliminarily
qualified offender' means an adult or juvenile accused
of an offense who--
``(i)(I) previously or currently has been
diagnosed by a qualified mental health
professional as having a mental illness or co-
occurring mental illness and substance abuse
disorders;
``(II) manifests obvious signs of mental
illness or co-occurring mental illness and
substance abuse disorders during arrest or
confinement or before any court; or
``(III) in the case of a veterans treatment
court provided under subsection (i), has been
diagnosed with, or manifests obvious signs of,
mental illness or a substance abuse disorder or
co-occurring mental illness and substance abuse
disorder; and
``(ii) has been unanimously approved for
participation in a program funded under this
section by, when appropriate, the relevant--
``(I) prosecuting attorney;
``(II) defense attorney;
``(III) probation or corrections
official;
``(IV) judge; and
``(V) a representative from the
relevant mental health agency described
in subsection (b)(5)(B)(i).
``(B) Determination.--In determining whether to
designate a defendant as a preliminarily qualified
offender, the relevant prosecuting attorney, defense
attorney, probation or corrections official, judge, and
mental health or substance abuse agency representative
shall take into account--
``(i) whether the participation of the
defendant in the program would pose a
substantial risk of violence to the community;
``(ii) the criminal history of the
defendant and the nature and severity of the
offense for which the defendant is charged;
``(iii) the views of any relevant victims
to the offense;
``(iv) the extent to which the defendant
would benefit from participation in the
program;
``(v) the extent to which the community
would realize cost savings because of the
defendant's participation in the program; and
``(vi) whether the defendant satisfies the
eligibility criteria for program participation
unanimously established by the relevant
prosecuting attorney, defense attorney,
probation or corrections official, judge and
mental health or substance abuse agency
representative.''.
(2) Technical and conforming amendment.--Section 2927(2) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797s-6(2)) is amended--
(A) by striking ``has the meaning given that term
in section 2991(a).'' and inserting the following:
``means an offense that--''; and
(B) by adding at the end the following:
``(A) does not have as an element the use,
attempted use, or threatened use of physical force
against the person or property of another; or
``(B) is not a felony that by its nature involves a
substantial risk that physical force against the person
or property of another may be used in the course of
committing the offense.''.
(b) Evidence-Based Practices.--Section 2991(c) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797aa(c)) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) by redesignating paragraph (4) as paragraph (6); and
(3) by inserting after paragraph (3) the following:
``(4) propose interventions that have been shown by
empirical evidence to reduce recidivism;
``(5) when appropriate, use validated assessment tools to
target preliminarily qualified offenders with a moderate or
high risk of recidivism and a need for treatment and services;
or''.
(c) Academy Training.--Section 2991(h) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(h)) is
amended--
(1) in paragraph (1), by adding at the end the following:
``(F) Academy training.--To provide support for
academy curricula, law enforcement officer orientation
programs, continuing education training, and other
programs that teach law enforcement personnel how to
identify and respond to incidents involving persons
with mental health disorders or co-occurring mental
health and substance abuse disorders.''; and
(2) by adding at the end the following:
``(4) Priority consideration.--The Attorney General, in
awarding grants under this subsection, shall give priority to
programs that law enforcement personnel and members of the
mental health and substance abuse professions develop and
administer cooperatively.''.
(d) Assisting Veterans.--Section 2991 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is
further amended--
(1) by redesignating subsection (i) as subsection (n); and
(2) by inserting after subsection (h) the following:
``(i) Assisting Veterans.--
``(1) Definitions.--In this subsection:
``(A) Peer to peer services or programs.--The term
`peer to peer services or programs' means services or
programs that connect qualified veterans with other
veterans for the purpose of providing support and
mentorship to assist qualified veterans in obtaining
treatment, recovery, stabilization, or rehabilitation.
``(B) Qualified veteran.--The term `qualified
veteran' means a preliminarily qualified offender who--
``(i) has served on active duty in any
branch of the Armed Forces, including the
National Guard and reserve components; and
``(ii) was discharged or released from such
service under conditions other than
dishonorable.
``(C) Veterans treatment court program.--The term
`veterans treatment court program' means a court
program involving collaboration among criminal justice,
veterans, and mental health and substance abuse
agencies that provides qualified veterans with--
``(i) intensive judicial supervision and
case management, which may include random and
frequent drug testing where appropriate;
``(ii) a full continuum of treatment
services, including mental health services,
substance abuse services, medical services, and
services to address trauma;
``(iii) alternatives to incarceration; and
``(iv) other appropriate services,
including housing, transportation, mentoring,
employment, job training, education, and
assistance in applying for and obtaining
available benefits.
``(2) Veterans assistance program.--
``(A) In general.--The Attorney General, in
consultation with the Secretary of Veterans Affairs,
may award grants under this subsection to applicants to
establish or expand--
``(i) veterans treatment court programs;
``(ii) peer to peer services or programs
for qualified veterans;
``(iii) practices that identify and provide
treatment, rehabilitation, legal, transitional,
and other appropriate services to qualified
veterans who have been incarcerated; and
``(iv) training programs to teach criminal
justice, law enforcement, corrections, mental
health, and substance abuse personnel how to
identify and appropriately respond to incidents
involving qualified veterans.
``(B) Priority.--In awarding grants under this
subsection, the Attorney General shall give priority to
applications that--
``(i) demonstrate collaboration between and
joint investments by criminal justice, mental
health, substance abuse, and veterans service
agencies;
``(ii) promote effective strategies to
identify and reduce the risk of harm to
qualified veterans and public safety; and
``(iii) propose interventions with
empirical support to improve outcomes for
qualified veterans.''.
(e) Correctional Facilities.--Section 2991 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa)
is further amended by inserting after subsection (i), as so added by
subsection (d), the following:
``(j) Correctional Facilities.--
``(1) Definitions.--
``(A) Correctional facility.--The term
`correctional facility' means a jail, prison, or other
detention facility used to house people who have been
arrested, detained, held, or convicted by a criminal
justice agency or a court.
``(B) Eligible inmate.--The term `eligible inmate'
means an individual who--
``(i) is being held, detained, or
incarcerated in a correctional facility; and
``(ii) manifests obvious signs of a mental
illness or has been diagnosed by a qualified
mental health professional as having a mental
illness.
``(2) Correctional facility grants.--The Attorney General
may award grants to applicants to enhance the capabilities of a
correctional facility--
``(A) to identify and screen for eligible inmates;
``(B) to plan and provide--
``(i) initial and periodic assessments of
the clinical, medical, and social needs of
inmates; and
``(ii) appropriate treatment and services
that address the mental health and substance
abuse needs of inmates;
``(C) to develop, implement, and enhance--
``(i) post-release transition plans for
eligible inmates that, in a comprehensive
manner, coordinate health, housing, medical,
employment, and other appropriate services and
public benefits;
``(ii) the availability of mental health
care services and substance abuse treatment
services; and
``(iii) alternatives to solitary
confinement and segregated housing and mental
health screening and treatment for inmates
placed in solitary confinement or segregated
housing; and
``(D) to train each employee of the correctional
facility to identify and appropriately respond to
incidents involving inmates with mental health or co-
occurring mental health and substance abuse
disorders.''.
(f) Reauthorization of Appropriations.--Section 2991(n) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968, as
redesignated in subsection (d), is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) $40,000,000 for each of fiscal years 2015
through 2019.''; and
(2) by adding at the end the following:
``(3) Limitation.--Not more than 20 percent of the funds
authorized to be appropriated under this section may be used
for purposes described in subsection (i) (relating to
veterans).''.
SEC. 403. ASSISTED OUTPATIENT TREATMENT.
Section 2201(2)(B) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ii(2)(B)) is amended by inserting
before the semicolon the following: ``, or court-ordered assisted
outpatient treatment (as defined in section 14(a) of the Helping
Families in Mental Health Crisis Act of 2013) when the court has
determined such treatment to be necessary''.
SEC. 404. IMPROVEMENTS TO THE DEPARTMENT OF JUSTICE DATA COLLECTION AND
REPORTING OF MENTAL ILLNESS IN CRIME.
Notwithstanding any other provision of law, any data prepared by or
submitted to the Attorney General or the Director of the Federal Bureau
of Investigation on or after the date of enactment of this Act that is
90 days after the date of enactment of this Act with respect to the
incidences of homicides, law enforcement officers killed and assaulted,
or individuals killed by law enforcement officers shall include data
with respect to the involvement of mental illness in such incidences,
if any. Not later than 90 days after the date of the enactment of this
Act, the Attorney General shall promulgate or revise regulations as
necessary to carry out this section.
SEC. 405. REPORTS ON THE NUMBER OF SERIOUSLY MENTALLY ILL WHO ARE
IMPRISONED.
(a) Report on the Cost of Treating the Mentally Ill in the Criminal
Justice System.--Not later than 12 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report detailing the cost of imprisonment for persons who
have serious mental illness by the Federal Government or a State or
local government. The report shall calculate the number and type of
crimes committed by persons with serious mental illness each year, and
detail strategies or ideas for preventing crimes by those individuals
with serious mental illness from occurring.
(b) Definition.--For purposes of this section, the Attorney
General, in consultation with the Assistant Secretary of Mental Health
and Substance Use Disorders shall determine an appropriate definition
of ``serious mental illness'' based on the ``Health Care Reform for
Americans with Severe Mental Illnesses: Report'' of the National
Advisory Mental Health Council, American Journal of Psychiatry 1993;
150:1447-1465.
TITLE V--MEDICARE AND MEDICAID REFORMS
SEC. 501. ENHANCED MEDICAID COVERAGE RELATING TO CERTAIN MENTAL HEALTH
SERVICES.
(a) Medicaid Coverage of Mental Health Services and Primary Care
Services Furnished on the Same Day.--
(1) In general.--Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)) is amended by inserting after paragraph
(77) the following new paragraph:
``(78) not prohibit payment under the plan for a mental
health service or primary care service furnished to an
individual at a federally qualified community behavioral health
center (as defined in section 1905(l)(4)) or a federally
qualified health center (as defined in section 1861(aa)(3)) for
which payment would otherwise be payable under the plan, with
respect to such individual, if such service were not a same-day
qualifying service (as defined in subsection (ll));''.
(2) Same-day qualifying services defined.--Section 1902 of
the Social Security Act (42 U.S.C. 1396a) is amended by adding
at the end the following new subsection:
``(ll) Same-Day Qualifying Services Defined.--For purposes of
subsection (a)(78), the term `same-day qualifying service' means--
``(1) a primary care service furnished to an individual by
a provider at a facility on the same day a mental health
service is furnished to such individual by such provider (or
another provider) at the facility; and
``(2) a mental health service furnished to an individual by
a provider at a facility on the same day a primary care service
is furnished to such individual by such provider (or another
provider) at the facility.''.
(b) State Option To Provide Medical Assistance for Certain
Inpatient Psychiatric Services to Nonelderly Adults.--Section 1905 of
the Social Security Act (42 U.S.C. 1396d) is amended--
(1) in subsection (a)(16)--
(A) by inserting ``(A)'' before ``effective''; and
(B) by inserting before the semicolon at the end
the following: ``(B) qualified inpatient psychiatric
hospital services (as defined in subsection (h)(3)) for
individuals over 21 years of age and under 65 years of
age, and (C) psychiatric residential treatment facility
services (as defined in subsection (h)(4)) for
individuals over 21 years of age and under 65 years of
age'';
(2) in the subdivision (B) that follows paragraph (29), by
inserting ``(other than services described in subparagraphs (B)
and (C) of paragraph (16) for individuals described in such
subparagraphs)'' after ``mental diseases''; and
(3) in subsection (h), by adding at the end the following
new paragraphs:
``(3) For purposes of subsection (a)(16)(B), the term
`qualified inpatient psychiatric hospital services' means, with
respect to individuals described in such subsection, services
described in subparagraphs (A) and (B) of paragraph (1) that
are furnished in an acute care psychiatric unit in a State-
operated psychiatric hospital or a psychiatric hospital (as
defined section 1861(f)) if such unit or hospital, as
applicable, has a facilitywide average (determined on an annual
basis) length of stay of less than 30 days.
``(4) For purposes of subsection (a)(16)(C), the term
`psychiatric residential treatment facility services' means,
with respect to individuals described in such subsection,
services described in subparagraphs (A) and (B) of paragraph
(1) that are furnished in a psychiatric residential treatment
facility (as defined in section 484.353 of title 42, Code of
Federal Regulations, as in effect on December 9, 2013).''.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made this section shall apply to items and services furnished
after the first day of the first calendar year that begins
after the date of the enactment of this section.
(2) Exception for state legislation.--In the case of a
State plan under title XIX of the Social Security Act, which
the Secretary of Health and Human Services determines requires
State legislation in order for the respective plan to meet any
requirement imposed by amendments made by this section, the
respective plan shall not be regarded as failing to comply with
the requirements of such title solely on the basis of its
failure to meet such an additional requirement before the first
day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins
after the date of enactment of this section. For purposes of
the previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be
considered to be a separate regular session of the State
legislature.
SEC. 502. ACCESS TO MENTAL HEALTH PRESCRIPTION DRUGS UNDER MEDICARE AND
MEDICAID.
(a) Coverage of Prescription Drugs Used To Treat Mental Health
Disorders Under Medicare.--Section 1860D-4(b)(3)(G)(i)(II) of the
Social Security Act (42 U.S.C. 1395w-104(b)(3)(G)(i)(II)) is amended by
inserting ``, for categories and classes of drugs other than the
categories and classes of drugs specified in subclauses (II) and (IV)
of clause (iv),'' before ``exceptions''.
(b) Coverage of Prescription Drugs Used To Treat Mental Health
Disorders Under Medicaid.--Section 1927(d) of the Social Security Act
(42 U.S.C. 1396r-8(d)) is amended by adding at the end the following
new paragraph:
``(8) Access to mental health drugs.--With respect to
covered outpatient drugs used for the treatment of a mental
health disorder, including major depression, bipolar (manic-
depressive) disorder, panic disorder, obsessive-compulsive
disorder, schizophrenia, and schizoaffective disorder, a State
shall not exclude from coverage or otherwise restrict access to
such drugs other than pursuant to a prior authorization program
that is consistent with paragraph (5).''.
TITLE VI--RESEARCH BY NATIONAL INSTITUTE OF MENTAL HEALTH
SEC. 601. INCREASE IN FUNDING FOR CERTAIN RESEARCH.
Section 402A(a) of the Public Health Service Act (42 U.S.C.
282a(a)) is amended--
(1) by striking ``For the purpose of'' and inserting the
following:
``(1) In general.--For the purpose of''; and
(2) by adding at the end the following:
``(2) Funding for the brain initiative at the national
institute of mental health.--
``(A) Funding.--In addition to amounts made
available pursuant to paragraph (1), there are
authorized to be appropriated to the National Institute
of Mental Health for the purpose described in
subparagraph (B)(ii) $40,000,000 for each of fiscal
years 2015 through 2019.
``(B) Purposes.--Amounts appropriated pursuant to
subparagraph (A) shall be used exclusively for the
purpose of conducting or supporting--
``(i) research on the determinants of self-
and other directed-violence in mental illness,
including studies directed at reducing the risk
of self harm, suicide, and interpersonal
violence; or
``(ii) brain research through the Brain
Research through Advancing Innovative
Neurotechnologies Initiative.''.
TITLE VII--COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT REFORM
SEC. 701. ADMINISTRATION OF BLOCK GRANTS BY ASSISTANT SECRETARY.
Section 1911(a) of the Public Health Service Act (42 U.S.C. 300x)
is amended by striking ``acting through the Director of the Center for
Mental Health Services'' and inserting ``acting through the Assistant
Secretary for Mental Health and Substance Use Disorders''.
SEC. 702. ADDITIONAL PROGRAM REQUIREMENTS.
(a) Integrated Services.--Subsection (b)(1) of section 1912 of the
Public Health Service Act (42 U.S.C. 300x-1) is amended by inserting
``integration of'' after ``The description of the system of care shall
include''.
(b) Data Collection System.--Subsection (b)(2) of section 1912 of
the Public Health Service Act (42 U.S.C. 300x-1) is amended--
(1) by striking ``The plan contains an estimate of'' and
inserting the following: ``The plan contains--
``(A) an estimate of'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(B) an agreement by the State to report to the
National Mental Health Policy Laboratory--
``(i) such data as may be required by the
Secretary concerning--
``(I) comprehensive community
mental health services in the State;
and
``(II) public health outcomes for
persons with serious mental illness in
the State, including mortality,
emergency room visits, and medication
adherence.''.
SEC. 703. PERIOD FOR EXPENDITURE OF GRANT FUNDS.
Section 1913 of the Public Health Service Act (42 U.S.C. 300x-2),
as amended, is further amended by adding at the end the following:
``(d) Period for Expenditure of Grant Funds.--In implementing a
plan submitted under section 1912(a), a State receiving grant funds
under section 1911 may make such funds available to providers of
services described in subsection (b) for the provision of services
without fiscal year limitation.''.
SEC. 704. TREATMENT STANDARD UNDER STATE LAW.
Section 1915 of the Public Health Service Act (42 U.S.C. 300x-4) is
amended by adding at the end the following:
``(c) Treatment Standard Under State Law.--
``(1) In general.--A funding agreement for a grant under
section 1911 is that--
``(A) the State involved has in effect a law under
which, if a State court finds by clear and convincing
evidence that an individual, as a result of mental
illness, is a danger to self, is a danger to others, is
persistently or acutely disabled, or is gravely
disabled and in need of treatment, and is either
unwilling or unable to accept voluntary treatment, the
court must order the individual to undergo inpatient or
outpatient treatment; or
``(B) the State involved has in effect a law under
which a State court must order an individual with a
mental illness to undergo inpatient or outpatient
treatment, the law was in effect on the date of
enactment of the Helping Families in Mental Health
Crisis Act of 2013, and the Secretary finds that the
law requires a State court to order such treatment
across all or a sufficient range of the type of
circumstances described in subparagraph (A).
``(2) Definition.--For purposes of paragraph (1), the term
`persistently or acutely disabled' refers to a serious mental
illness that meets all the following criteria:
``(A) If not treated, the illness has a substantial
probability of causing the individual to suffer or
continue to suffer severe and abnormal mental,
emotional, or physical harm that significantly impairs
judgment, reason, behavior, or capacity to recognize
reality.
``(B) The illness substantially impairs the
individual's capacity to make an informed decision
regarding treatment, and this impairment causes the
individual to be incapable of understanding and
expressing an understanding of the advantages and
disadvantages of accepting treatment and understanding
and expressing an understanding of the alternatives to
the particular treatment offered after the advantages,
disadvantages, and alternatives are explained to that
individual.
``(C) The illness has a reasonable prospect of
being treatable by outpatient, inpatient, or combined
inpatient and outpatient treatment.''.
SEC. 705. ASSISTED OUTPATIENT TREATMENT UNDER STATE LAW.
Section 1915 of the Public Health Service Act (42 U.S.C. 300x-4),
as amended, is further amended by adding at the end the following:
``(d) Assisted Outpatient Treatment Under State Law.--
``(1) In general.--A funding agreement for a grant under
section 1911 is that the State involved has in effect a law
under which a State court may order a treatment plan for an
eligible patient that--
``(A) requires such patient to obtain outpatient
mental health treatment while the patient is living in
a community; and
``(B) is designed to improve access and adherence
by such patient to intensive behavioral health services
in order to--
``(i) avert relapse, repeated
hospitalizations, arrest, incarceration,
suicide, property destruction, and violent
behavior; and
``(ii) provide such patient with the
opportunity to live in a less restrictive
alternative to incarceration or involuntary
hospitalization.
``(2) Certification of state compliance.--A funding
agreement described in paragraph (1) is effective only if the
Assistant Secretary for Mental Health and Substance Use
Disorders reviews the State law and certifies that it satisfies
the criteria specified in such paragraph.
``(3) Definition.--In this subsection, the term `eligible
patient' means an adult, mentally ill person who, as determined
by the court--
``(A) has a history of violence, incarceration, or
medically unnecessary hospitalizations;
``(B) without supervision and treatment, may be a
danger to self or others in the community;
``(C) is substantially unlikely to voluntarily
participate in treatment;
``(D) may be unable, for reasons other than
indigence, to provide for any of his or her basic
needs, such as food, clothing, shelter, health or
safety;
``(E) with a history of mental illness or condition
that is likely to substantially deteriorate if the
patient is not provided with timely treatment; and
``(F) due to mental illness, lacks capacity to
fully understand or lacks judgment to make informed
decisions regarding his or her need for treatment,
care, or supervision.''.
SEC. 706. BEST AVAILABLE SCIENCE AND MODELS OF CARE.
Section 1920 of the Public Health Service Act (42 U.S.C. 300x-9) is
amended by adding at the end the following:
``(c) Best Practices in Clinical Care Models.--For the purpose of
translating evidence-based medicine and best available science into
systems of care, the Assistant Secretary for Mental Health and
Substance Use Disorders shall obligate 5 percent of the amounts
appropriated under subsection (a) for a fiscal year through the
National Mental Health Laboratory created under this Act. These models
may include the Recovery After an Initial Schizophrenia Episode
research project of the National Institute of Mental Health and the
North American Prodrome Longitudinal Study.''.
SEC. 707. PAPERWORK REDUCTION STUDY.
(a) In General.--The Assistant Secretary for Mental Health and
Substance Use Disorders shall enter into an arrangement with the
Institute of Medicine of the National Academies (or, if the Institute
declines, another appropriate entity) under which, not later than 12
months after the date of enactment of this Act, the Institute will
submit to the appropriate committees of Congress a report that
evaluates the combined paperwork burden of--
(1) community mental health centers meeting the criteria
specified in section 1913(c) of the Public Health Service Act
(42 U.S.C. 300x-2), including such centers meeting such
criteria as in effect on the day before the date of enactment
of this Act; and
(2) federally qualified community mental health clinics
certified pursuant to section 201 of this Act.
(b) Scope.--In preparing the report under section (a), the
Institute of Medicine (or, if applicable, other appropriate entity)
shall examine licensing, certification, service definitions, claims
payment, billing codes, and financial auditing requirements used by the
Office of Management and Budget, the Centers for Medicare & Medicaid
Services, the Health Resources and Services Administration, the
Substance Abuse and Mental Health Services Administration, the Office
of the Inspector General of the Department of Health and Human
Services, State Medicaid agencies, State departments of health, State
departments of education, and State and local juvenile justice and
social service agencies to--
(1) establish an estimate of the combined nationwide cost
of complying with such requirements, in terms of both
administrative funding and staff time;
(2) establish an estimate of the per capita cost to each
center described in paragraph (1) or (2) of subsection (a) to
comply with such requirements, in terms of both administrative
funding and staff time; and
(3) make administrative and statutory recommendations to
Congress (which recommendations may include a uniform
methodology) to reduce the paperwork burden experienced by
centers described in paragraph (1) or (2) of subsection (a).
TITLE VIII--BEHAVIORAL HEALTH AWARENESS PROGRAM
SEC. 801. REDUCING THE STIGMA OF SERIOUS MENTAL ILLNESS.
(a) In General.--The Secretary of Education, along with the
Assistant Secretary for Mental Health and Substance Use Disorders,
shall organize a national awareness campaign involving public health
organizations, advocacy groups for persons with serious mental illness,
and social media companies to assist secondary school students and
postsecondary students in--
(1) reducing the stigma associated with serious mental
illness;
(2) understanding how to assist an individual who is
demonstrating signs of a serious mental illness; and
(3) understanding the importance of seeking treatment from
a physician, clinical psychologist, or licensed mental health
professional when a student believes the student may be
suffering from a serious mental illness or behavioral health
disorder.
(b) Data Collection.--The Secretary of Education shall--
(1) evaluate the program under subsection (a) on public
health to determine whether the program has made an impact on
public health, including mortality rates of persons with
serious mental illness, prevalence of serious mental illness,
physician and clinical psychological visits, emergency room
visits; and
(2) submit a report on the evaluation to the National
Mental Health Policy Laboratory created by title I of this Act.
(c) Secondary School Defined.--For purposes of this section, the
term ``secondary school'' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
TITLE IX--BEHAVIORAL HEALTH INFORMATION TECHNOLOGY
SEC. 901. EXTENSION OF HEALTH INFORMATION TECHNOLOGY ASSISTANCE FOR
BEHAVIORAL AND MENTAL HEALTH AND SUBSTANCE ABUSE.
Section 3000(3) of the Public Health Service Act (42 U.S.C.
300jj(3)) is amended by inserting before ``and any other category'' the
following: ``behavioral and mental health professionals (as defined in
section 331(a)(3)(E)(i)), a substance abuse professional, a psychiatric
hospital (as defined in section 1861(f) of the Social Security Act), a
community mental health center meeting the criteria specified in
section 1913(c), a federally qualified community behavioral health
clinic certified under section 201 of the Helping Families in Mental
Health Crisis Act of 2013, a residential or outpatient mental health or
substance abuse treatment facility,''.
SEC. 902. EXTENSION OF ELIGIBILITY FOR MEDICARE AND MEDICAID HEALTH
INFORMATION TECHNOLOGY IMPLEMENTATION ASSISTANCE.
(a) Payment Incentives for Eligible Professionals Under Medicare.--
Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is
amended--
(1) in subsection (a)(7)--
(A) in subparagraph (E), by adding at the end the
following new clause:
``(iv) Additional eligible professional.--
The term `additional eligible professional'
means a clinical psychologist providing
qualified psychologist services (as defined in
section 1861(ii)).''; and
(B) by adding at the end the following new
subparagraph:
``(F) Application to additional eligible
professionals.--The Secretary shall apply the
provisions of this paragraph with respect to an
additional eligible professional in the same manner as
such provisions apply to an eligible professional,
except in applying subparagraph (A)--
``(i) in clause (i), the reference to 2015
shall be deemed a reference to 2019;
``(ii) in clause (ii), the references to
2015, 2016, and 2017 shall be deemed references
to 2019, 2020, and 2021, respectively; and
``(iii) in clause (iii), the reference to
2018 shall be deemed a reference to 2022.'';
and
(2) in subsection (o)--
(A) in paragraph (5), by adding at the end the
following new subparagraph:
``(D) Additional eligible professional.--The term
`additional eligible professional' means a clinical
psychologist providing qualified psychologist services
(as defined in section 1861(ii)).''; and
(B) by adding at the end the following new
paragraph:
``(6) Application to additional eligible professionals.--
The Secretary shall apply the provisions of this subsection
with respect to an additional eligible professional in the same
manner as such provisions apply to an eligible professional,
except in applying--
``(A) paragraph (1)(A)(ii), the reference to 2016
shall be deemed a reference to 2020;
``(B) paragraph (1)(B)(ii), the references to 2011
and 2012 shall be deemed references to 2015 and 2016,
respectively;
``(C) paragraph (1)(B)(iii), the references to 2013
shall be deemed references to 2017;
``(D) paragraph (1)(B)(v), the references to 2014
shall be deemed references to 2018; and
``(E) paragraph (1)(E), the reference to 2011 shall
be deemed a reference to 2015.''.
(b) Eligible Hospitals.--Section 1886 of the Social Security Act
(42 U.S.C. 1395ww) is amended--
(1) in subsection (b)(3)(B)(ix), by adding at the end the
following new subclause:
``(V) The Secretary shall apply the
provisions of this subsection with
respect to an additional eligible
hospital (as defined in subsection
(n)(6)(C)) in the same manner as such
provisions apply to an eligible
hospital, except in applying--
``(aa) subclause (I), the
references to 2015, 2016, and
2017 shall be deemed references
to 2019, 2020, and 2021,
respectively; and
``(bb) subclause (III), the
reference to 2015 shall be
deemed a reference to 2019.'';
and
(2) in subsection (n)--
(A) in paragraph (6), by adding at the end the
following new subparagraph:
``(C) Additional eligible hospital.--The term
`additional eligible hospital' means an inpatient
hospital that is a psychiatric hospital (as defined in
section 1861(f)).''; and
(B) by adding at the end the following new
paragraph:
``(7) Application to additional eligible hospitals.--The
Secretary shall apply the provisions of this subsection with
respect to an additional eligible hospital in the same manner
as such provisions apply to an eligible hospital, except in
applying--
``(A) paragraph (2)(E)(ii), the references to 2013
and 2015 shall be deemed references to 2017 and 2019,
respectively; and
``(B) paragraph (2)(G)(i), the reference to 2011
shall be deemed a reference to 2015.''.
(c) Medicaid Providers.--Section 1903(t) of the Social Security Act
(42 U.S.C. 1396b(t)) is amended--
(1) in paragraph (2)(B)--
(A) in clause (i), by striking ``, or'' and
inserting a semicolon;
(B) in clause (ii), by striking the period and
inserting a semicolon; and
(C) by adding after clause (ii) the following new
clauses:
``(iii) a public hospital that is
principally a psychiatric hospital (as defined
in section 1861(f));
``(iv) a private hospital that is
principally a psychiatric hospital (as defined
in section 1861(f)) and that has at least 10
percent of its patient volume (as estimated in
accordance with a methodology established by
the Secretary) attributable to individuals
receiving medical assistance under this title;
``(v) a community mental health center
meeting the criteria specified in section
1913(c) of the Public Health Service Act; or
``(vi) a residential or outpatient mental
health or substance abuse treatment facility
that--
``(I) is accredited by the Joint
Commission on Accreditation of
Healthcare Organizations, the
Commission on Accreditation of
Rehabilitation Facilities, the Council
on Accreditation, or any other national
accrediting agency recognized by the
Secretary; and
``(II) has at least 10 percent of
its patient volume (as estimated in
accordance with a methodology
established by the Secretary)
attributable to individuals receiving
medical assistance under this title.'';
and
(2) in paragraph (3)(B)--
(A) in clause (iv), by striking ``and'' after the
semicolon;
(B) in clause (v), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) clinical psychologist providing
qualified psychologist services (as defined in
section 1861(ii)), if such clinical
psychologist is practicing in an outpatient
clinic that--
``(I) is led by a clinical
psychologist; and
``(II) is not otherwise receiving
payment under paragraph (1) as a
Medicaid provider described in
paragraph (2)(B).''.
(d) Medicare Advantage Organizations.--Section 1853 of the Social
Security Act (42 U.S.C. 1395w-23) is amended--
(1) in subsection (l)--
(A) in paragraph (1)--
(i) by inserting ``or additional eligible
professionals (as described in paragraph (9))''
after ``paragraph (2)''; and
(ii) by inserting ``and additional eligible
professionals'' before ``under such sections'';
(B) in paragraph (3)(B)--
(i) in clause (i) in the matter preceding
subclause (I), by inserting ``or an additional
eligible professional described in paragraph
(9)'' after ``paragraph (2)''; and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by inserting ``or an
additional eligible professional
described in paragraph (9)'' after
``paragraph (2)''; and
(II) in subclause (I), by inserting
``or an additional eligible
professional, respectively,'' after
``eligible professional'';
(C) in paragraph (3)(C), by inserting ``and
additional eligible professionals'' after ``all
eligible professionals'';
(D) in paragraph (4)(D), by adding at the end the
following new sentence: ``In the case that a qualifying
MA organization attests that not all additional
eligible professionals of the organization are
meaningful EHR users with respect to an applicable
year, the Secretary shall apply the payment adjustment
under this paragraph based on the proportion of all
such additional eligible professionals of the
organization that are not meaningful EHR users for such
year.'';
(E) in paragraph (6)(A), by inserting ``and, as
applicable, each additional eligible professional
described in paragraph (9)'' after ``paragraph (2)'';
(F) in paragraph (6)(B), by inserting ``and, as
applicable, each additional eligible hospital described
in paragraph (9)'' after ``subsection (m)(1)'';
(G) in paragraph (7)(A), by inserting ``and, as
applicable, additional eligible professionals'' after
``eligible professionals'';
(H) in paragraph (7)(B), by inserting ``and, as
applicable, additional eligible professionals'' after
``eligible professionals'';
(I) in paragraph (8)(B), by inserting ``and
additional eligible professionals described in
paragraph (9)'' after ``paragraph (2)''; and
(J) by adding at the end the following new
paragraph:
``(9) Additional eligible professional described.--With
respect to a qualifying MA organization, an additional eligible
professional described in this paragraph is an additional
eligible professional (as defined for purposes of section
1848(o)) who--
``(A)(i) is employed by the organization; or
``(ii)(I) is employed by, or is a partner of, an
entity that through contract with the organization
furnishes at least 80 percent of the entity's Medicare
patient care services to enrollees of such
organization; and
``(II) furnishes at least 80 percent of the
professional services of the additional eligible
professional covered under this title to enrollees of
the organization; and
``(B) furnishes, on average, at least 20 hours per
week of patient care services.''; and
(2) in subsection (m)--
(A) in paragraph (1)--
(i) by inserting ``or additional eligible
hospitals (as described in paragraph (7))''
after ``paragraph (2)''; and
(ii) by inserting ``and additional eligible
hospitals'' before ``under such sections'';
(B) in paragraph (3)(A)(i), by inserting ``or
additional eligible hospital'' after ``eligible
hospital'';
(C) in paragraph (3)(A)(ii), by inserting ``or an
additional eligible hospital'' after ``eligible
hospital'' in each place it occurs;
(D) in paragraph (3)(B)--
(i) in clause (i), by inserting ``or an
additional eligible hospital described in
paragraph (7)'' after ``paragraph (2)''; and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by inserting ``or an
additional eligible hospital described
in paragraph (7)'' after ``paragraph
(2)''; and
(II) in subclause (I), by inserting
``or an additional eligible hospital,
respectively,'' after ``eligible
hospital'';
(E) in paragraph (4)(A), by inserting ``or one or
more additional eligible hospitals (as defined in
section 1886(n)), as appropriate,'' after ``section
1886(n)(6)(A))'';
(F) in paragraph (4)(D), by adding at the end the
following new sentence: ``In the case that a qualifying
MA organization attests that not all additional
eligible hospitals of the organization are meaningful
EHR users with respect to an applicable period, the
Secretary shall apply the payment adjustment under this
paragraph based on the methodology specified by the
Secretary, taking into account the proportion of such
additional eligible hospitals, or discharges from such
hospitals, that are not meaningful EHR users for such
period.'';
(G) in paragraph (5)(A), by inserting ``and, as
applicable, each additional eligible hospital described
in paragraph (7)'' after ``paragraph (2)'';
(H) in paragraph (5)(B), by inserting ``and
additional eligible hospitals, as applicable,'' after
``eligible hospitals'';
(I) in paragraph (6)(B), by inserting ``and
additional eligible hospitals described in paragraph
(7)'' after ``paragraph (2)''; and
(J) by adding at the end the following new
paragraph:
``(7) Additional eligible hospital described.--With respect
to a qualifying MA organization, an additional eligible
hospital described in this paragraph is an additional eligible
hospital (as defined in section 1886(n)(6)(C)) that is under
common corporate governance with such organization and serves
individuals enrolled under an MA plan offered by such
organization.''.
TITLE X--EXPANDING ACCESS TO CARE THROUGH HEALTH CARE PROFESSIONAL
VOLUNTEERISM
SEC. 1001. LIABILITY PROTECTIONS FOR HEALTH CARE PROFESSIONAL
VOLUNTEERS AT COMMUNITY HEALTH CENTERS AND FEDERALLY
QUALIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS.
Section 224 of the Public Health Service Act (42 U.S.C. 233) is
amended by adding at the end the following:
``(q)(1) In this subsection, the term `federally qualified
community behavioral health clinic' means--
``(A) a federally qualified community behavioral health
clinic with a certification in effect under section 201 of the
Helping Families in Mental Health Crisis Act of 2013; or
``(B) a community mental health center meeting the criteria
specified in section 1913(c) of this Act.
``(2) For purposes of this section, a health care professional
volunteer at an entity described in subsection (g)(4) or a federally
qualified community behavioral health clinic shall, in providing health
care services eligible for funding under section 330 or subpart I of
part B of title XIX to an individual, be deemed to be an employee of
the Public Health Service for a calendar year that begins during a
fiscal year for which a transfer was made under paragraph (5)(C). The
preceding sentence is subject to the provisions of this subsection.
``(3) In providing a health care service to an individual, a health
care professional shall for purposes of this subsection be considered
to be a health professional volunteer at an entity described in
subsection (g)(4) or at a federally qualified community behavioral
health clinic if the following conditions are met:
``(A) The service is provided to the individual at the
facilities of an entity described in subsection (g)(4), at a
federally qualified community behavioral health clinic, or
through offsite programs or events carried out by the center.
``(B) The center or entity is sponsoring the health care
professional volunteer pursuant to paragraph (4)(B).
``(C) The health care professional does not receive any
compensation for the service from the individual or from any
third-party payer (including reimbursement under any insurance
policy or health plan, or under any Federal or State health
benefits program), except that the health care professional may
receive repayment from the entity described in subsection
(g)(4) or the center for reasonable expenses incurred by the
health care professional in the provision of the service to the
individual.
``(D) Before the service is provided, the health care
professional or the center or entity described in subsection
(g)(4) posts a clear and conspicuous notice at the site where
the service is provided of the extent to which the legal
liability of the health care professional is limited pursuant
to this subsection.
``(E) At the time the service is provided, the health care
professional is licensed or certified in accordance with
applicable law regarding the provision of the service.
``(4) Subsection (g) (other than paragraphs (3) and (5)) and
subsections (h), (i), and (l) apply to a health care professional for
purposes of this subsection to the same extent and in the same manner
as such subsections apply to an officer, governing board member,
employee, or contractor of an entity described in subsection (g)(4),
subject to paragraph (5) and subject to the following:
``(A) The first sentence of paragraph (2) applies in lieu
of the first sentence of subsection (g)(1)(A).
``(B) With respect to an entity described in subsection
(g)(4) or a federally qualified community behavioral health
clinic, a health care professional is not a health professional
volunteer at such center unless the center sponsors the health
care professional. For purposes of this subsection, the center
shall be considered to be sponsoring the health care
professional if--
``(i) with respect to the health care professional,
the center submits to the Secretary an application
meeting the requirements of subsection (g)(1)(D); and
``(ii) the Secretary, pursuant to subsection
(g)(1)(E), determines that the health care professional
is deemed to be an employee of the Public Health
Service.
``(C) In the case of a health care professional who is
determined by the Secretary pursuant to subsection (g)(1)(E) to
be a health professional volunteer at such center, this
subsection applies to the health care professional (with
respect to services described in paragraph (2)) for any cause
of action arising from an act or omission of the health care
professional occurring on or after the date on which the
Secretary makes such determination.
``(D) Subsection (g)(1)(F) applies to a health professional
volunteer for purposes of this subsection only to the extent
that, in providing health services to an individual, each of
the conditions specified in paragraph (3) is met.
``(5)(A) Amounts in the fund established under subsection (k)(2)
shall be available for transfer under subparagraph (C) for purposes of
carrying out this subsection for health professional volunteers at
entities described in subsection (g)(4).
``(B) Not later than May 1 of each fiscal year, the Attorney
General, in consultation with the Secretary, shall submit to the
Congress a report providing an estimate of the amount of claims
(together with related fees and expenses of witnesses) that, by reason
of the acts or omissions of health care professional volunteers, will
be paid pursuant to this subsection during the calendar year that
begins in the following fiscal year. Subsection (k)(1)(B) applies to
the estimate under the preceding sentence regarding health care
professional volunteers to the same extent and in the same manner as
such subsection applies to the estimate under such subsection regarding
officers, governing board members, employees, and contractors of
entities described in subsection (g)(4).
``(C) Not later than December 31 of each fiscal year, the Secretary
shall transfer from the fund under subsection (k)(2) to the appropriate
accounts in the Treasury an amount equal to the estimate made under
subparagraph (B) for the calendar year beginning in such fiscal year,
subject to the extent of amounts in the fund.
``(6)(A) This subsection takes effect on October 1, 2015, except as
provided in subparagraph (B).
``(B) Effective on the date of the enactment of this subsection--
``(i) the Secretary may issue regulations for carrying out
this subsection, and the Secretary may accept and consider
applications submitted pursuant to paragraph (4)(B); and
``(ii) reports under paragraph (5)(B) may be submitted to
the Congress.''.
TITLE XI--SAMHSA REAUTHORIZATION AND REFORMS
Subtitle A--Organization and General Authorities
SEC. 1101. IN GENERAL.
Section 501 of the Public Health Service Act (42 U.S.C. 290aa) is
amended--
(1) in subsection (c)(2), by striking ``Secretary'' and
inserting ``Assistant Secretary for Mental Health and Substance
Use Disorders'';
(2) in subsection (d)--
(A) in paragraph (2)--
(i) by striking ``and mental illness''; and
(ii) by striking ``promote mental health'';
(B) in paragraph (4), by inserting ``related to
substance abuse'' after ``related services'';
(C) in paragraph (6), by striking ``and individuals
with mental illness and to develop appropriate mental
health services for individuals with such illnesses'';
and
(D) in paragraph (18), by striking ``mental illness
or'';
(3) in subsection (h), by inserting at the end the
following: ``For any such peer review group reviewing a
proposal or grant related to mental illness, no fewer than half
of the members of the group shall have a medical degree, or an
equivalent doctoral degree in psychology and clinical
experience.'';
(4) in subsection (l)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) At least 30 days before awarding a grant, cooperative
agreement, or contract, the Administrator shall give written
notice of the award to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.''; and
(5) in subsection (m)--
(A) in paragraph (1), by striking ``2.5 percent''
and inserting ``1.5 percent''; and
(B) in paragraph (3), by striking ``Secretary'' and
inserting ``Assistant Secretary for Mental Health and
Substance Use Disorders''.
SEC. 1102. ADVISORY COUNCILS.
Paragraph (3) of section 502(b) of the Public Health Service Act
(42 U.S.C. 290aa-1(b)) is amended by adding at the end the following:
``(C) No fewer than half of the members of an
advisory council shall--
``(i) have a medical degree;
``(ii) have an equivalent doctoral degree
in psychology; or
``(iii) serve as a licensed mental health
professional.''.
SEC. 1103. PEER REVIEW.
Section 504 of the Public Health Service Act (42 U.S.C. 290aa-3) is
amended--
(1) by adding at the end of subsection (b) the following:
``At least half of the members of any peer review group
established under subsection (a) shall have a degree in
medicine, or an equivalent doctoral degree in psychology, or be
a licensed mental health professional. Before awarding a grant,
cooperative agreement, or contract, the Secretary shall provide
a list of the members of the peer review group responsible for
reviewing the award to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.''; and
(2) by adding at the end the following:
``(e) Scientific Controls and Standards.--Peer review under this
section shall ensure that any research concerning an intervention is
based on scientific controls and standards indicating whether the
intervention reduces symptoms, improves medical or behavioral outcomes,
and improves social functioning.''.
SEC. 1104. DATA COLLECTION.
(a) Transfer of Behavioral Health Statistics and Quality.--The
Assistant Secretary for Mental Health and Substance Use Disorders shall
transfer all functions and responsibilities of the Center for
Behavioral Health Statistics and Quality to the National Mental Health
Policy Laboratory, established under section 501A.
(b) Transferring Data Collection and Surveys to the National Mental
Health Policy Laboratory.--Section 505 of the Public Health Service Act
(42 U.S.C. 290aa-4) is amended--
(1) in subsection (a), by striking ``acting through the
Administrator'' and inserting ``acting through the National
Mental Health Policy Laboratory under the Assistant Secretary
for Mental Health and Substance Use Disorders (in this section
referred to as the `Assistant Secretary') with respect to
mental illness and substance abuse'';
(2) in subsections (a)(2) and (d), by striking
``Administrator'' each place it appears and inserting
``Assistant Secretary''; and
(3) in subsection (b)--
(A) by striking ``Administrator'' each place it
appears and inserting ``Assistant Secretary'';
(B) by striking ``and'' at the end of paragraph
(3);
(C) by striking paragraph (4); and
(D) by adding at the end the following:
``(4) the number of individuals with serious mental
illnesses, including those with schizophrenia, bipolar
disorder, or major depressive disorder;
``(5) the number of individuals admitted to hospital
emergency rooms as a result of serious mental illness;
``(6) the number of individuals who receive inpatient care
and are subsequently readmitted to the hospital as a result of
their condition within two years; and
``(7) other public health outcomes including mortality
rates for individuals with serious mental illness.''.
Subtitle B--Center for Mental Health Services
SEC. 1111. CENTER FOR MENTAL HEALTH SERVICES.
Section 520 of the Public Health Service Act (42 U.S.C. 290bb-31)
is amended to read as follows:
``SEC. 520. CENTER FOR MENTAL HEALTH SERVICES.
``(a) Establishment.--There is established in the Administration a
Center for Mental Health Services (hereafter in this section referred
to as the `Center'). The Center shall be headed by a Director
(hereafter in this section referred to as the `Director') appointed by
the Secretary from among individuals with extensive experience or
academic qualifications in the provision of mental health services or
in the evaluation of mental health service systems.
``(b) Duties.--The Director of the Center shall--
``(1) assist the Assistant Secretary for Mental Health and
Substance Use Disorders in designing national goals and
establishing national priorities for--
``(A) the prevention of mental illness;
``(B) the treatment of mental illness; and
``(C) the promotion of mental health;
``(2) encourage local entities and State agencies to
achieve the goals and priorities described in paragraph (1);
``(3) collaborate with the Department of Education and the
Department of Justice to assist local communities in addressing
violence among children and adolescents related to mental
illness;
``(4) assist the National Institute of Mental Health in
deploying improved methods of treating individuals with mental
health problems and improved methods of assisting the families
of such individuals;
``(5) carry out the provisions of the Protection and
Advocacy of Mentally Ill Individuals Act in order to foster
independence and protect the legal rights of persons with
mental illness;
``(6) carry out the programs under part C;
``(7) carry out responsibilities for the Human Resource
Development programs;
``(8) conduct services-related assessments, including
evaluations of the organization and financing of care, self-
help, mental health economics, mental health service systems,
and rural mental health, and improve the capacity of States to
conduct evaluations of publicly funded mental health programs;
``(9) establish a clearinghouse of evidence-based
practices, which has first been reviewed and approved by a
panel of psychiatrists and clinical psychologists, for mental
health information to assure the widespread dissemination of
such information to States, political subdivisions, educational
agencies and institutions, treatment and prevention service
providers, and the general public, including information
concerning the practical application of research supported by
the National Institute of Mental Health that is applicable to
improving the delivery of services;
``(10) provide technical assistance to public and private
entities that are providers of mental health services;
``(11) monitor and enforce obligations incurred by
community mental health centers pursuant to the Community
Mental Health Centers Act (as in effect prior to the repeal of
such Act on August 13, 1981, by section 902(e)(2)(B) of Public
Law 97-35 (95 Stat. 560)); and
``(12) assist the Assistant Secretary for Mental Health and
Substance Use Disorders, and the Director of the Centers for
Disease Control and Prevention, with surveys with respect to
mental health, such as the National Reporting Program.
Nothing in this subsection shall be construed as authorizing any new
grant program or project that is not explicitly authorized or required
by other statutory provisions.
``(c) No General Authority for Grants.--Nothing in this section
shall be construed as authorizing or requiring any new grant program or
project that is not explicitly authorized or required by other
statutory provisions.''.
SEC. 1112. REAUTHORIZATION OF 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--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``using
evidence-based medicine'' after ``technical assistance
programs'';
(B) by amending paragraph (4) to read as follows:
``(4) evidence-based programs designed in conjunction with
the Assistant Secretary for Mental Health and Substance Use
Disorders to treat individuals with serious mental illness.'';
and
(C) by adding at the end the following: ``Before
awarding a grant, cooperative agreement, or contract
under this section, the Secretary shall give written
notice of the award to the Committee on Energy and
Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate.'';
(2) in subsection (b)(2), by inserting ``, including the
primary and behavioral health care integration program under
section 520K'' after ``primary health care systems''; and
(3) by amending subsection (f)(1) to read as follows:
``(1) In general.--For carrying out this section, there is
authorized to be appropriated $150,000,000 for each of fiscal
years 2014 through 2018.''.
SEC. 1113. GARRETT LEE SMITH REAUTHORIZATION.
(a) Suicide Prevention Technical Assistance Center.--Section 520C
of the Public Health Service Act (42 U.S.C. 290bb-34) is amended to
read as follows:
``SEC. 520C. SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.
``(a) Program Authorized.--The Assistant Secretary for Mental
Health and Substance Use Disorders, acting through the Administrator of
the Substance Abuse and Mental Health Services Administration, shall
award a grant for the operation and maintenance of a research,
training, and technical assistance resource center to provide
appropriate information, training, and technical assistance to States,
political subdivisions of States, federally recognized Indian tribes,
tribal organizations, institutions of higher education, public
organizations, or private nonprofit organizations concerning the
prevention of suicide among all ages, particularly among groups that
are at high risk for suicide.
``(b) Responsibilities of the Center.--The center operated and
maintained under subsection (a) shall--
``(1) assist in the development or continuation of
statewide and tribal suicide early intervention and prevention
strategies for all ages, particularly among groups that are at
high risk for suicide;
``(2) ensure the surveillance of suicide early intervention
and prevention strategies for all ages, particularly among
groups that are at high risk for suicide;
``(3) study the costs and effectiveness of statewide and
tribal suicide early intervention and prevention strategies in
order to provide information concerning relevant issues of
importance to State, tribal, and national policymakers;
``(4) further identify and understand causes and associated
risk factors for suicide for all ages, particularly among
groups that are at high risk for suicide;
``(5) analyze the efficacy of new and existing suicide
early intervention and prevention techniques and technology for
all ages, particularly among groups that are at high risk for
suicide;
``(6) ensure the surveillance of suicidal behaviors and
nonfatal suicidal attempts;
``(7) study the effectiveness of State-sponsored statewide
and tribal suicide early intervention and prevention strategies
for all ages particularly among groups that are at high risk
for suicide on the overall wellness and health promotion
strategies related to suicide attempts;
``(8) promote the sharing of data regarding suicide with
Federal agencies involved with suicide early intervention and
prevention, and State-sponsored statewide and tribal suicide
early intervention and prevention strategies for the purpose of
identifying previously unknown mental health causes and
associated risk factors for suicide among all ages particularly
among groups that are at high risk for suicide;
``(9) evaluate and disseminate outcomes and best practices
of mental health and substance use disorder services at
institutions of higher education; and
``(10) conduct other activities determined appropriate by
the Secretary.
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $4,957,000
for each of the fiscal years 2014 through 2018.''.
(b) Youth Suicide Intervention and Prevention Strategies.--Section
520E of the Public Health Service Act (42 U.S.C. 290bb-36) is amended
to read as follows:
``SEC. 520E. YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION
STRATEGIES.
``(a) In General.--The Secretary, acting through the Administrator
of the Substance Abuse and Mental Health Services Administration, shall
award grants or cooperative agreements to eligible entities to--
``(1) develop and implement State-sponsored statewide or
tribal youth suicide early intervention and prevention
strategies in schools, educational institutions, juvenile
justice systems, substance use disorder programs, mental health
programs, foster care systems, and other child and youth
support organizations;
``(2) support public organizations and private nonprofit
organizations actively involved in State-sponsored statewide or
tribal youth suicide early intervention and prevention
strategies and in the development and continuation of State-
sponsored statewide youth suicide early intervention and
prevention strategies;
``(3) provide grants to institutions of higher education to
coordinate the implementation of State-sponsored statewide or
tribal youth suicide early intervention and prevention
strategies;
``(4) collect and analyze data on State-sponsored statewide
or tribal youth suicide early intervention and prevention
services that can be used to monitor the effectiveness of such
services and for research, technical assistance, and policy
development; and
``(5) assist eligible entities, through State-sponsored
statewide or tribal youth suicide early intervention and
prevention strategies, in achieving targets for youth suicide
reductions under title V of the Social Security Act.
``(b) Eligible Entity.--
``(1) Definition.--In this section, the term `eligible
entity' means--
``(A) a State;
``(B) a public organization or private nonprofit
organization designated by a State to develop or direct
the State-sponsored statewide youth suicide early
intervention and prevention strategy; or
``(C) a federally recognized Indian tribe or tribal
organization (as defined in the Indian Self-
Determination and Education Assistance Act) or an urban
Indian organization (as defined in the Indian Health
Care Improvement Act) that is actively involved in the
development and continuation of a tribal youth suicide
early intervention and prevention strategy.
``(2) Limitation.--In carrying out this section, the
Secretary shall ensure that a State does not receive more than
one grant or cooperative agreement under this section at any
one time. For purposes of the preceding sentence, a State shall
be considered to have received a grant or cooperative agreement
if the eligible entity involved is the State or an entity
designated by the State under paragraph (1)(B). Nothing in this
paragraph shall be constructed to apply to entities described
in paragraph (1)(C).
``(c) Preference.--In providing assistance under a grant or
cooperative agreement under this section, an eligible entity shall give
preference to public organizations, private nonprofit organizations,
political subdivisions, institutions of higher education, and tribal
organizations actively involved with the State-sponsored statewide or
tribal youth suicide early intervention and prevention strategy that--
``(1) provide early intervention and assessment services,
including screening programs, to youth who are at risk for
mental or emotional disorders that may lead to a suicide
attempt, and that are integrated with school systems,
educational institutions, juvenile justice systems, substance
use disorder programs, mental health programs, foster care
systems, and other child and youth support organizations;
``(2) demonstrate collaboration among early intervention
and prevention services or certify that entities will engage in
future collaboration;
``(3) employ or include in their applications a commitment
to evaluate youth suicide early intervention and prevention
practices and strategies adapted to the local community;
``(4) provide timely referrals for appropriate community-
based mental health care and treatment of youth who are at risk
for suicide in child-serving settings and agencies;
``(5) provide immediate support and information resources
to families of youth who are at risk for suicide;
``(6) offer access to services and care to youth with
diverse linguistic and cultural backgrounds;
``(7) offer appropriate postsuicide intervention services,
care, and information to families, friends, schools,
educational institutions, juvenile justice systems, substance
use disorder programs, mental health programs, foster care
systems, and other child and youth support organizations of
youth who recently completed suicide;
``(8) offer continuous and up-to-date information and
awareness campaigns that target parents, family members, child
care professionals, community care providers, and the general
public and highlight the risk factors associated with youth
suicide and the life-saving help and care available from early
intervention and prevention services;
``(9) ensure that information and awareness campaigns on
youth suicide risk factors, and early intervention and
prevention services, use effective communication mechanisms
that are targeted to and reach youth, families, schools,
educational institutions, and youth organizations;
``(10) provide a timely response system to ensure that
child-serving professionals and providers are properly trained
in youth suicide early intervention and prevention strategies
and that child-serving professionals and providers involved in
early intervention and prevention services are properly trained
in effectively identifying youth who are at risk for suicide;
``(11) provide continuous training activities for child
care professionals and community care providers on the latest
youth suicide early intervention and prevention services
practices and strategies;
``(12) conduct annual self-evaluations of outcomes and
activities, including consulting with interested families and
advocacy organizations;
``(13) provide services in areas or regions with rates of
youth suicide that exceed the national average as determined by
the Centers for Disease Control and Prevention; and
``(14) obtain informed written consent from a parent or
legal guardian of an at-risk child before involving the child
in a youth suicide early intervention and prevention program.
``(d) Requirement for Direct Services.--Not less than 85 percent of
grant funds received under this section shall be used to provide direct
services, of which not less than 5 percent shall be used for activities
authorized under subsection (a)(3).
``(e) Consultation and Policy Development.--
``(1) In general.--In carrying out this section, the
Secretary shall collaborate with the Secretary of Education and
relevant Federal agencies and suicide working groups
responsible for early intervention and prevention services
relating to youth suicide.
``(2) Consultation.--In carrying out this section, the
Secretary shall consult with--
``(A) State and local agencies, including agencies
responsible for early intervention and prevention
services under title XIX of the Social Security Act,
the State Children's Health Insurance Program under
title XXI of the Social Security Act, and programs
funded by grants under title V of the Social Security
Act;
``(B) local and national organizations that serve
youth at risk for suicide and their families;
``(C) relevant national medical and other health
and education specialty organizations;
``(D) youth who are at risk for suicide, who have
survived suicide attempts, or who are currently
receiving care from early intervention services;
``(E) families and friends of youth who are at risk
for suicide, who have survived suicide attempts, who
are currently receiving care from early intervention
and prevention services, or who have completed suicide;
``(F) qualified professionals who possess the
specialized knowledge, skills, experience, and relevant
attributes needed to serve youth at risk for suicide
and their families; and
``(G) third-party payers, managed care
organizations, and related commercial industries.
``(3) Policy development.--In carrying out this section,
the Secretary shall--
``(A) coordinate and collaborate on policy
development at the Federal level with the relevant
Department of Health and Human Services agencies and
suicide working groups; and
``(B) consult on policy development at the Federal
level with the private sector, including consumer,
medical, suicide prevention advocacy groups, and other
health and education professional-based organizations,
with respect to State-sponsored statewide or tribal
youth suicide early intervention and prevention
strategies.
``(f) Rule of Construction; Religious and Moral Accommodation.--
Nothing in this section shall be construed to require suicide
assessment, early intervention, or treatment services for youth whose
parents or legal guardians object based on the parents' or legal
guardians' religious beliefs or moral objections.
``(g) Evaluations and Report.--
``(1) Evaluations by eligible entities.--Not later than 18
months after receiving a grant or cooperative agreement under
this section, an eligible entity shall submit to the Secretary
the results of an evaluation to be conducted by the entity
concerning the effectiveness of the activities carried out
under the grant or agreement.
``(2) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report concerning the
results of--
``(A) the evaluations conducted under paragraph
(1); and
``(B) an evaluation conducted by the Secretary to
analyze the effectiveness and efficacy of the
activities conducted with grants, collaborations, and
consultations under this section.
``(h) Rule of Construction; Student Medication.--Nothing in this
section shall be construed to allow school personnel to require that a
student obtain any medication as a condition of attending school or
receiving services.
``(i) Prohibition.--Funds appropriated to carry out this section,
section 527, or section 529 shall not be used to pay for or refer for
abortion.
``(j) Parental Consent.--States and entities receiving funding
under this section shall obtain prior written, informed consent from
the child's parent or legal guardian for assessment services, school-
sponsored programs, and treatment involving medication related to youth
suicide conducted in elementary and secondary schools. The requirement
of the preceding sentence does not apply in the following cases:
``(1) In an emergency, where it is necessary to protect the
immediate health and safety of the student or other students.
``(2) Other instances, as defined by the State, where
parental consent cannot reasonably be obtained.
``(k) Relation to Education Provisions.--Nothing in this section
shall be construed to supersede section 444 of the General Education
Provisions Act, including the requirement of prior parental consent for
the disclosure of any education records. Nothing in this section shall
be construed to modify or affect parental notification requirements for
programs authorized under the Elementary and Secondary Education Act of
1965 (as amended by the No Child Left Behind Act of 2001; Public Law
107-110).
``(l) Definitions.--In this section:
``(1) Early intervention.--The term `early intervention'
means a strategy or approach that is intended to prevent an
outcome or to alter the course of an existing condition.
``(2) Educational institution; institution of higher
education; school.--The term--
``(A) `educational institution' means a school or
institution of higher education;
``(B) `institution of higher education' has the
meaning given such term in section 101 of the Higher
Education Act of 1965; and
``(C) `school' means an elementary or secondary
school (as such terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965).
``(3) Prevention.--The term `prevention' means a strategy
or approach that reduces the likelihood or risk of onset, or
delays the onset, of adverse health problems that have been
known to lead to suicide.
``(4) Youth.--The term `youth' means individuals who are
between 10 and 24 years of age.
``(m) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $29,738,000
for each of the fiscal years 2014 through 2018.''.
(c) Suicide Prevention for Youth.--Section 520E-1 of the Public
Health Service Act (42 U.S.C. 290bb-36a) is amended--
(1) by amending the section heading to read as follows:
``suicide prevention for youth''; and
(2) by striking subsection (n) and inserting the following:
``(n) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated such sums as
may be necessary for each of fiscal years 2014 through 2018.''.
(d) Mental Health and Substance Use Disorders Services and Outreach
on Campus.--Section 520E-2 of the Public Health Service Act (42 U.S.C.
290bb-36b) is amended to read as follows:
``SEC. 520E-2. MENTAL HEALTH AND SUBSTANCE USE DISORDERS SERVICES ON
CAMPUS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services and in consultation with the
Secretary of Education, shall award grants on a competitive basis to
institutions of higher education to enhance services for students with
mental health or substance use disorders and to develop best practices
for the delivery of such services.
``(b) Uses of Funds.--Amounts received under a grant under this
section shall be used for 1 or more of the following activities:
``(1) The provision of mental health and substance use
disorder services to students, including prevention, promotion
of mental health, voluntary screening, early intervention,
voluntary assessment, treatment, and management of mental
health and substance abuse disorder issues.
``(2) The provision of outreach services to notify students
about the existence of mental health and substance use disorder
services.
``(3) Educating students, families, faculty, staff, and
communities to increase awareness of mental health and
substance use disorders.
``(4) The employment of appropriately trained staff,
including administrative staff.
``(5) The provision of training to students, faculty, and
staff to respond effectively to students with mental health and
substance use disorders.
``(6) The creation of a networking infrastructure to link
colleges and universities with providers who can treat mental
health and substance use disorders.
``(7) Developing, supporting, evaluating, and disseminating
evidence-based and emerging best practices.
``(c) Implementation of Activities Using Grant Funds.--An
institution of higher education that receives a grant under this
section may carry out activities under the grant through--
``(1) college counseling centers;
``(2) college and university psychological service centers;
``(3) mental health centers;
``(4) psychology training clinics;
``(5) institution of higher education supported, evidence-
based, mental health and substance use disorder programs; or
``(6) any other entity that provides mental health and
substance use disorder services at an institution of higher
education.
``(d) Application.--To be eligible to receive a grant under this
section, an institution of higher education shall prepare and submit to
the Secretary an application at such time and in such manner as the
Secretary may require. At a minimum, such application shall include the
following:
``(1) A description of identified mental health and
substance use disorder needs of students at the institution of
higher education.
``(2) A description of Federal, State, local, private, and
institutional resources currently available to address the
needs described in paragraph (1) at the institution of higher
education.
``(3) A description of the outreach strategies of the
institution of higher education for promoting access to
services, including a proposed plan for reaching those students
most in need of mental health services.
``(4) A plan, when applicable, to meet the specific mental
health and substance use disorder needs of veterans attending
institutions of higher education.
``(5) A plan to seek input from community mental health
providers, when available, community groups and other public
and private entities in carrying out the program under the
grant.
``(6) A plan to evaluate program outcomes, including a
description of the proposed use of funds, the program
objectives, and how the objectives will be met.
``(7) An assurance that the institution will submit a
report to the Secretary each fiscal year concerning the
activities carried out with the grant and the results achieved
through those activities.
``(e) Special Considerations.--In awarding grants under this
section, the Secretary shall give special consideration to applications
that describe programs to be carried out under the grant that--
``(1) demonstrate the greatest need for new or additional
mental and substance use disorder services, in part by
providing information on current ratios of students to mental
health and substance use disorder health professionals; and
``(2) demonstrate the greatest potential for replication.
``(f) Requirement of Matching Funds.--
``(1) In general.--The Secretary may make a grant under
this section to an institution of higher education only if the
institution agrees to make available (directly or through
donations from public or private entities) non-Federal
contributions in an amount that is not less than $1 for each $1
of Federal funds provided under the grant, toward the costs of
activities carried out with the grant (as described in
subsection (b)) and other activities by the institution to
reduce student mental health and substance use disorders.
``(2) Determination of amount contributed.--Non-Federal
contributions required under paragraph (1) may be in cash or in
kind. Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of
such non-Federal contributions.
``(3) Waiver.--The Secretary may waive the application of
paragraph (1) with respect to an institution of higher
education if the Secretary determines that extraordinary need
at the institution justifies the waiver.
``(g) Reports.--For each fiscal year that grants are awarded under
this section, the Secretary shall conduct a study on the results of the
grants and submit to the Congress a report on such results that
includes the following:
``(1) An evaluation of the grant program outcomes,
including a summary of activities carried out with the grant
and the results achieved through those activities.
``(2) Recommendations on how to improve access to mental
health and substance use disorder services at institutions of
higher education, including efforts to reduce the incidence of
suicide and substance use disorders.
``(h) Definitions.--In this section, the term `institution of
higher education' has the meaning given such term in section 101 of the
Higher Education Act of 1965.
``(i) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $4,975,000
for each of the fiscal years 2014 through 2018.''.
Subtitle C--Children With Serious Emotional Disturbances
SEC. 1121. COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR CHILDREN
WITH SERIOUS EMOTIONAL DISTURBANCES.
Paragraph (1) of section 564(a) of the Public Health Service Act
(42 U.S.C. 290ff(a)) is amended--
(1) by striking ``, acting through the Director of the
Center for Mental Health Services,''; and
(2) by adding at the end the following: ``Before making any
such grant, the Assistant Secretary shall consult with the
Director of the National Institutes of Health to ensure that
the grant recipient will use evidence-based practices.''.
SEC. 1122. GENERAL PROVISIONS; REPORT; FUNDING.
Section 565 of the Public Health Service Act (42 U.S.C. 290ff-4) is
amended--
(1) in subsection (c)(2), by striking ``not later than 1
year after the date on which amounts are first appropriated
under subsection (c)'' and inserting ``not later than 1 year
after the date of enactment of the Helping Families in Mental
Health Crisis Act of 2013''; and
(2) in subsection (f)--
(A) by amending paragraph (1) to read as follows:
``(1) Authorization of appropriations.--For the purpose of
carrying out this part, there are authorized to be appropriated
$117,000,000 for fiscal year 2015, $120,000,000 for fiscal year
2016, $123,000,000 for fiscal year 2017, $126,000,000 for
fiscal year 2018, and $130,000,000 for fiscal year 2019.''; and
(B) by moving the margin of paragraph (2) two ems
to the right.
Subtitle D--Projects for Children and Violence
SEC. 1131. CHILDREN AND VIOLENCE.
Section 581 of the Public Health Service Act (42 U.S.C. 290hh) are
repealed.
SEC. 1132. REAUTHORIZATION OF NATIONAL CHILD TRAUMATIC STRESS NETWORK.
(a) Reauthorization of National Child Traumatic Stress Network.--
Section 582(f) of the Public Health Service Act (42 U.S.C. 290hh(f)) is
amended to read as follows:
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $50,000,000 for each of the
fiscal years 2014 through 2017.''.
(b) Corresponding Reduction in Funding for Protection and Advocacy
Systems.--Section 117 of the Protection and Advocacy for Individuals
with Mental Illness Act (42 U.S.C. 10827) is amended to read as
follows:
``SEC. 117. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for allotments under this
title $5,000,000 for each of the fiscal years 2014 through 2017.''.
Subtitle E--Protection and Advocacy for Individuals With Mental Illness
SEC. 1141. PROHIBITION AGAINST LOBBYING BY SYSTEMS ACCEPTING FEDERAL
FUNDS TO PROTECT AND ADVOCATE THE RIGHTS OF INDIVIDUALS
WITH MENTAL ILLNESS.
Section 105(a) of the Protection and Advocacy for Individuals with
Mental Illness Act (42 U.S.C. 10805(a)) is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(11) agree to refrain, during any period for which
funding is provided to the system under this part, from--
``(A) lobbying or retaining a lobbyist for the
purpose of influencing a Federal, State, or local
governmental entity or officer;
``(B) using such funding to engage in systemic
lawsuits, or to investigate and seek legal remedies
cases other than individual cases of abuse or neglect;
or
``(C) counseling an individual with a serious
mental illness who lacks insight into their condition
on refusing medical treatment or acting against the
wishes of such individual's caregiver.''.
Subtitle F--Limitations on Authority
SEC. 1151. LIMITATIONS ON SAMHSA PROGRAMS.
(a) No Sponsoring Conferences.--The Administrator of the Substance
Abuse and Mental Health Services Administration shall not host or
sponsor any conference that will not be primarily administered by the
Substance Abuse and Mental Health Services Administration without
giving at least 90 days of prior notification to the Committee on
Energy and Commerce and the Committee on Appropriations of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate.
(b) Evidence-Based Practices.--The Administrator of the Substance
Abuse and Mental Health Services Administration shall not provide any
financial assistance for any program relating to mental health or
substance use diagnosis or treatment, unless such diagnosis and
treatment relies on evidence-based practices.
SEC. 1152. ELIMINATION OF UNAUTHORIZED SAMHSA PROGRAMS.
(a) Elimination of Programs Without Explicit Statutory
Authorization.--
(1) No new programs.--The Administrator of the Substance
Abuse and Mental Health Services Administration may not
establish, and the Secretary of Health and Human Services may
not delegate to the Administrator responsibility for, any
program or project that is not explicitly authorized or
required by statute.
(2) Termination of existing programs.--By the end of fiscal
year 2014, any program or project of the Substance Abuse and
Mental Health Services Administration that is not explicitly
authorized or required by statute shall be terminated.
(b) Report.--
(1) In general.--The Assistant Secretary for Mental Health
and Substance Use Disorders shall seek to enter into an
arrangement with the Institute of Medicine under which the
Institute (or, if the Institute declines to enter into such
arrangement, another appropriate entity) agrees to submit a
report to the Congress not later than July 31, 2014,
identifying each program, project, or activity to be terminated
under subsection (a).
(2) Recommendations.--The report under paragraph (1) shall
recommend whether any of the programs should be retained based
on public health data, such as reduced mortality rates and
hospitalization within the community for individuals with
serious mental illness, thus proving the program has had a
demonstrable benefit using public health and epidemiological
factors.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H7697)
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Education and the Workforce, Ways and Means, and Science, Space, and Technology, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Education and the Workforce, Ways and Means, and Science, Space, and Technology, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Education and the Workforce, Ways and Means, and Science, Space, and Technology, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Education and the Workforce, Ways and Means, and Science, Space, and Technology, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Education and the Workforce, Ways and Means, and Science, Space, and Technology, 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.
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Referred to the Subcommittee on Health.
Sponsor introductory remarks on measure. (CR H26-27)
Referred to the Subcommittee on Research and Technology.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Subcommittee Hearings Held.