Behavioral Health Coordination and Communication Act of 2020
This bill establishes, within the Executive Office of the President, the position of Interagency Coordinator for Behavioral Health to coordinate federal programs and activities concerning mental health and substance use disorders.
Federal departments and agencies must notify the coordinator when developing or implementing policies related to behavioral health.
The Government Accountability Office must report on the impact of the coordinator on relevant programs and must study issues related to behavioral health services in school settings and in the juvenile justice system.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7723 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7723
To establish the position of Interagency Coordinator for Behavioral
Health to coordinate the programs and activities of the Federal
Government relating to mental health, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2020
Mr. Kennedy (for himself, Ms. Matsui, Mr. Tonko, Mr. Cardenas, and Mr.
Trone) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To establish the position of Interagency Coordinator for Behavioral
Health to coordinate the programs and activities of the Federal
Government relating to mental health, 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.
This Act may be cited as the ``Behavioral Health Coordination and
Communication Act of 2020''.
SEC. 2. INTERAGENCY COORDINATOR FOR BEHAVIORAL HEALTH.
(a) Position.--
(1) Appointment.--There is within the Executive Office of
the President an Interagency Coordinator for Behavioral Health
(in this Act referred to as the ``Interagency Coordinator'')
who shall--
(A) be appointed by the President, by and with the
advice and consent of the Senate; and
(B) report directly to the President.
(2) Qualifications.--The Interagency Coordinator shall--
(A) have expertise in mental health and substance
use disorders; and
(B) have administrative experience.
(3) Term.--The Interagency Coordinator shall be appointed
for a term of 5 years. The same individual may be reappointed
to serve as the Interagency Coordinator for subsequent 5-years
terms.
(4) Rate of pay.--To the extent or in the amounts provided
in advance in appropriation Acts, the Interagency Coordinator
shall be paid at a rate equal to the rate of basic pay for
level 1 of the Executive Schedule.
(b) Principal Responsibility.--
(1) In general.--The Interagency Coordinator shall
coordinate the programs and activities of the Federal
Government relating to mental health and substance use
disorders.
(2) Consultation.--
(A) Required consultation.--In carrying out
paragraph (1) with respect to any program or activity,
the Interagency Coordinator shall consult with--
(i) the Assistant Secretary of Defense for
Health Affairs;
(ii) the Attorney General of the United
States, the Administrator of the Office of
Juvenile Justice and Delinquency Prevention,
and the Director of the Bureau of Prisons;
(iii) the Director of National Drug Control
Policy;
(iv) the Secretary of Education, including
the Assistant Secretary for Special Education
and Rehabilitative Services;
(v) the Secretary of Health and Human
Services, the Assistant Secretary for Health,
the Assistant Secretary for the Administration
for Children and Families, the Assistant
Secretary for Mental Health and Substance Use,
and the Director of the Indian Health Service;
(vi) the Secretary of Homeland Security;
(vii) the Secretary of Housing and Urban
Development;
(viii) the Secretary of Labor;
(ix) the Secretary of Veterans Affairs; and
(x) the Deputy Assistant Secretary for
Minority Health.
(B) Additional consultation.--In carrying out
paragraph (1) with respect to any program or activity,
the Interagency Coordinator may consult with the
Director of the Centers for Disease Control and
Prevention, the Commissioner of Food and Drugs, the
Director of the National Institutes of Health, the
Administrator of the Centers for Medicare & Medicaid
Services, and such additional Federal officials as the
Interagency Coordinator determines appropriate.
(c) Other Responsibilities.--
(1) Framework for mental health and substance use
disorders.--The Interagency Coordinator shall work with Federal
departments and agencies to create a framework within and
across such departments and agencies for mental health and
substance use disorders. Such framework shall include the
following:
(A) Care coordination to better integrate mental
health and substance use disorder care into health care
settings and ensure seamless transitions for patients,
including by--
(i) promoting mental health and substance
use disorder care earlier in the health care
continuum;
(ii) focusing on providing mental health
and substance use disorder care in more
appropriate settings and locations;
(iii) promoting diversion to mental health
and substance use disorder treatment programs
instead of incarceration for mental health
conditions and substance use disorders;
(iv) improving access to primary care and
other medical services in community mental
health and substance use disorder settings;
(v) promoting better treatment and services
for mental health conditions and substance use
disorders while incarcerated; and
(vi) providing better coordination for
wraparound services at every point in health
care and the justice system for individuals
with mental health conditions and substance use
disorders, including social supports, housing,
education, and employment.
(B) A focus on adults, children, youth, and
adolescents.
(C) Creating and implementing a transition plan for
patients with mental health conditions or substance use
disorders who change systems, departments, agencies, or
services.
(2) Inventory.--The Interagency Coordinator shall--
(A) take an inventory of all positions, committees,
task forces, grants, and funding streams in the Federal
Government that are related to mental health and
substance use disorders; and
(B) provide suggestions to the President, the
Congress, and relevant Federal departments and agencies
on removing, restructuring, and reorganizing such
positions, committees, task forces, grants, and funding
streams.
(3) Knowledge center.--The Interagency Coordinator shall
establish and maintain a knowledge center to provide to the
public, including by means of a website, reliable information
on mental health and substance use disorders, including
insurance information and navigation tools for the appeals
process for insurance denials.
(4) Best practices.--The Interagency Coordinator shall
identify best practices for--
(A) culturally congruent and linguistically
appropriate mental health and substance use disorder
care;
(B) comprehensive mental health and substance use
disorder care;
(C) continuity of mental health and substance use
disorder care;
(D) destigmatization of mental health conditions
and substance use disorders; and
(E) education campaigns on mental health and
substance use disorders in a variety of settings that
include--
(i) the full spectrum of education levels,
ranging from prekindergarten through higher
education;
(ii) a range of patient populations,
including pediatric, adult, geriatric, veteran,
racial and ethnic minority populations, as well
as patient populations in the justice system;
(iii) a range of health care provider
populations; and
(iv) a range of providers in the justice
system.
(5) Guidance on mental health and substance use disorder
telehealth treatment across state lines.--Not later than 180
days after the date of enactment of this Act, the Interagency
Coordinator shall issue guidance on collaboration among States
to enable mental health and substance use disorder care
professionals to treat patients across State lines through
telehealth technologies.
(6) Annual report.--Not later than one year after the date
of enactment of this Act, and annually thereafter, the
Interagency Coordinator shall submit a public report to the
Congress and the President that includes--
(A) a description of the activities of the
Interagency Coordinator over the reporting period;
(B) the strategic goals of the Interagency
Coordinator over the next 5- and 10-year periods; and
(C) an inventory of all Federal programs pertaining
to mental health and substance use disorders.
(7) Report.--Not later than one year after the date of
enactment of this Act, the Interagency Coordinator shall submit
a public report to the Congress and the President--
(A) describing the racial, ethnic, disability, sex,
and gender disparities within the mental health and
substance use disorder workforce, describing how such
disparities impact access to care, particularly for
minority populations, and recommending how to address
such disparities;
(B) projecting the diversity of mental health and
substance use disorder care professional in terms of
race, ethnicity, sex, and gender in 5 and 10 years;
(C) describing the racial, ethnic, disability, sex,
and gender disparities in education and training for
the mental health and substance use disorder care
professionals, and recommending how to address such
disparities;
(D) describing geographic racial, ethnic,
disability, sex, and gender disparities of the mental
health and substance use disorder workforce, and
recommending how to address such disparities;
(E) recommending ways to include nonsubjective
mental health and substance use disorder screenings as
a vital sign;
(F) recommending ways to create a complexity index
for mental health and substance use disorders; and
(G) assessing access to community-based mental
health and substance use disorder services in
underserved geographic areas and communities of color.
(d) Team.--
(1) In general.--The Interagency Coordinator may appoint
such personnel (in this Act referred to as the ``team'') as the
Interagency Coordinator considers appropriate.
(2) Composition.--The Interagency Coordinator shall ensure
that the team, collectively, has the following experience:
(A) Working in an adult mental health setting.
(B) Working in a geriatric mental health setting.
(C) Working in a child mental health setting.
(D) Working in an adult substance use disorder
setting.
(E) Working in a child substance use disorder
setting.
(F) Working in the adult justice system with a
focus on mental health and substance use disorders.
(G) Working in the juvenile justice system with a
focus on mental health and substance use disorders.
(H) Working in a school or college campus-based
setting with a focus on mental health and substance use
disorders.
(I) Working in a health care facility of the
Department of Veterans Affairs with a focus on mental
health and substance use disorders.
(J) Working in a foster care setting.
(K) Working in an integrated care setting.
(L) Receiving mental health and substance use
disorder care as an adult.
(M) Receiving mental health and substance use
disorder care as a child.
(N) Having been incarcerated in the adult justice
system while suffering from a mental illness or
substance use disorder.
(O) Having been detained in the juvenile justice
system while suffering from a mental illness or
substance use disorder.
(P) Having been placed in a foster care setting.
(Q) Experience providing mental health or substance
use disorder care in minority and underserved
communities.
(3) Delegation of responsibilities.--The Interagency
Coordinator shall delegate to the team responsibilities
including--
(A) using the framework created under subsection
(c)(1);
(B) helping to identify Federal, State, Tribal, and
local partnerships between the public and private
sectors for improving mental health and substance use
disorders; and
(C) help with implementation of this Act.
(4) Applicability of certain civil service laws.--The team
may be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates,
except that an individual so appointed may not receive pay in
excess of the annual rate of basic pay for GS-15 of the General
Schedule.
(5) Experts and consultants.--The Interagency Coordinator
may procure temporary and intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the annual
rate of basic pay for GS-15 of the General Schedule.
(6) Staff of federal agencies.--Upon request of the
Interagency Coordinator, the head of any Federal department or
agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Interagency
Coordinator to assist it in carrying out the responsibilities
under this Act.
(e) Powers.--
(1) Hearings and sessions.--The Interagency Coordinator
may, for the purpose of carrying out this Act, hold hearings,
sit and act at times and places, take testimony, and receive
evidence as the Interagency Coordinator considers appropriate.
(2) Powers of team and agents.--Any member of the team or
agent of the Interagency Coordinator may, if authorized by the
Interagency Coordinator, take any action which the Commission
is authorized to take by this section.
(3) Obtaining official data.--The Interagency Coordinator
may secure directly from any department or agency of the United
States information necessary to enable the Interagency
Coordinator to carry out this Act. Upon request of the
Interagency Coordinator, the head of that department or agency
shall, within 30 days of receiving the request, furnish that
information to the Interagency Coordinator.
(4) Mails.--The Interagency Coordinator may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Interagency Coordinator, the Administrator of General
Services shall provide to the Interagency Coordinator, on a
reimbursable basis, the administrative support services
necessary for the Interagency Coordinator to carry out the
responsibilities under this Act.
(6) Contract authority.--To the extent or in the amounts
provided in advance in appropriation Acts, the Interagency
Coordinator may contract with and compensate government and
private agencies or persons for supplies and services.
(f) Definition.--In this section, the term ``culturally congruent''
means consistent with preferred cultural values, beliefs, worldview,
language, and practices.
SEC. 3. COOPERATION BY OTHER FEDERAL AGENCIES.
The head of each Federal department or agency seeking to commence
development or implementation of a policy, including through rulemaking
or guidance, that is directly related to mental health or substance use
disorder care shall--
(1) give notice of the policy to the Interagency
Coordinator;
(2) in accordance with section 2(e)(3), share such
information relating to the policy as the Interagency
Coordinator may request; and
(3) participate in such discussions and meetings regarding
the policy as the Interagency Coordinator may request for
purposes of coordination pursuant to section 2(b).
SEC. 4. STUDY ON REIMBURSEMENT OF MENTAL HEALTH AND SUBSTANCE USE
DISORDER SERVICES FOR JUVENILES.
(a) Reimbursement of Mental Health and Substance Use Disorder
Services Provided in Preschool, Elementary School, and Secondary School
Settings.--Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall--
(1) complete a study on the reimbursement of mental health
and substance use disorder care professionals for services
provided in preschool, elementary school, and secondary school
settings; and
(2) submit a public report to the Congress and the
President on the findings, conclusions, and recommendations
resulting from such study.
(b) Services Available to Justice Involved Juveniles.--Not later
than 2 years after the date of enactment of this Act, the Comptroller
General of the United States shall--
(1) complete a study to determine the percentage of the
budget of the Federal Government and each State government,
disaggregated by agency, used to support mental health and
substance use disorder services for juveniles who are arrested
or become part of the juvenile or criminal justice systems; and
(2) submit a public report to the Congress and the
President on the findings, conclusions, and recommendations
resulting from such study, including recommendations on--
(A) whether the amount expended by each Federal and
State agency on mental health and substance use
disorder services for such juveniles needs to be
adjusted; and
(B) any gaps in community-based services for
juveniles with mental health conditions or substance
use disorders that should be available to prevent such
juveniles from becoming part of the juvenile or
criminal justice systems.
SEC. 5. REPORT ON INTERAGENCY COORDINATOR'S INVOLVEMENT AT THE FEDERAL
AND STATE LEVELS IN PROGRAMS, DECISIONS, AND CHANGES
RELATING TO MENTAL HEALTH AND SUBSTANCE USE DISORDERS.
Not later than 5 years after the date of enactment of this Act, the
Comptroller General shall--
(1) submit a report to the Congress and the President on
the involvement of the Interagency Coordinator and the
Interagency Coordinator's team at the Federal and State levels
in programs, decisions, and changes relating to mental and
behavioral health;
(2) disaggregate the information in such report by year;
and
(3) include in such report recommendations on--
(A) ways to improve such involvement of the
Interagency Coordinator and the Interagency
Coordinator's team; and
(B) addressing any identified gaps in such
involvement.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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