H.R. 8942 — ASSIST Act

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8942 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8942

 To amend the Public Health Service Act to authorize the Secretary of 
 Health and Human Services to award grants to schools and school-based 
    health centers to increase the number of behavioral health care 
 providers in such schools and health centers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2020

  Mr. Kennedy (for himself and Mr. Ferguson) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act to authorize the Secretary of 
 Health and Human Services to award grants to schools and school-based 
    health centers to increase the number of behavioral health care 
 providers in such schools and health centers, 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 ``Advancing Student Services In 
Schools Today Act'' or the ``ASSIST Act''.

SEC. 2. GRANT PROGRAM TO INCREASE THE NUMBER OF BEHAVIORAL HEALTH CARE 
              PROVIDERS IN SCHOOLS AND SCHOOL-BASED HEALTH CENTERS.

    Subpart I of part D of title III of the Public Health Service Act 
(42 U.S.C. 254b et seq.) is amended by adding at the end the following:

``SEC. 330N. GRANT PROGRAM TO INCREASE BEHAVIORAL HEALTH CARE PROVIDERS 
              IN SCHOOLS AND SCHOOL-BASED HEALTH CENTERS.

    ``(a) In General.--Not later than 3 months after the date of the 
enactment of this section, the Secretary, in consultation with the 
Secretary of Education, shall award grants to schools and school-based 
health centers to increase the number of behavioral health care 
providers in such schools and health centers.
    ``(b) Application.--A school or school-based health center seeking 
a grant under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information as 
the Secretary may require, including a description of--
            ``(1) the behavioral health needs of the school or health 
        center; and
            ``(2) with respect to the student population served by the 
        school or health center, how the school or health center will 
        ensure that the behavioral health care providers increased at 
        the school or health center, and the services administered by 
        such providers, are culturally and linguistically diverse.
    ``(c) Reports.--
            ``(1) Schools and school-based health centers.--A school or 
        school-based health center receiving a grant under this section 
        shall submit an annual report to the Secretary accompanied by 
        such information as the Secretary may require, including--
                    ``(A) the number of behavioral health care 
                providers increased at the school or health center 
                through the grant;
                    ``(B) the types of services provided by the 
                behavioral health care providers and the efficacy of 
                such services;
                    ``(C) the practices used by the school or health 
                center to recruit and retain behavioral health care 
                providers; and
                    ``(D) the rates of retention of behavioral health 
                care providers at the school or health center.
            ``(2) Secretary.--Not later than 18 months after the date 
        of the enactment of this section, and annually thereafter, the 
        Secretary shall submit to Congress a report on the 
        effectiveness of the grants awarded pursuant to this section.
    ``(d) Definitions.--In this section:
            ``(1) Behavioral health care provider.--The term 
        `behavioral health care provider' means an individual who is 
        licensed to provide mental and behavioral health services, 
        including--
                    ``(A) a school counselor;
                    ``(B) a school psychologist or any other 
                psychologist;
                    ``(C) a psychiatrist who specializes in child or 
                adolescent psychiatry; and
                    ``(D) a school social worker.
            ``(2) School.--The term `school' means--
                    ``(A) an elementary school or secondary school (as 
                such terms are defined in section 8101 of the 
                Elementary and Secondary Education Act of 1965);
                    ``(B) an institution of higher education (as 
                defined in section 101 of the Higher Education Act of 
                1965); and
                    ``(C) a school operated by the Bureau of Indian 
                Affairs.
            ``(3) School-based health center.--The term `school-based 
        health center' has the meaning given such term in section 399Z-
        1(a)(3).''.

SEC. 3. INCREASING THE APPLICABLE FMAP FOR STATE EXPENDITURES 
              ATTRIBUTABLE TO CERTAIN BEHAVIORAL HEALTH SERVICES.

    Section 1905 of the Social Security Act (42 U.S.C. 1396d) is 
amended--
            (1) in subsection (b), by striking ``and (ff)'' and 
        inserting ``(ff), and (gg)''; and
            (2) by adding at the end the following new subsection:
    ``(gg)(1) Notwithstanding any preceding provision of this section, 
with respect to State expenditures for medical assistance consisting of 
behavioral health services furnished at a school (as defined in section 
330N(d) of the Public Health Service Act) or at a school-based health 
center (as defined in section 399Z-1(a)(3) of such Act) on or after the 
date that is 3 months after the date of the enactment of this 
subsection, the Federal medical assistance percentage otherwise 
determined under subsection (b) shall, subject to paragraph (2), be 
equal to 90 percent.
    ``(2) Paragraph (1) shall not apply in the case of State 
expenditures described in such paragraph if application of such 
paragraph would result in a lower Federal medical assistance percentage 
for such expenditures than would otherwise apply without application of 
such paragraph.''.
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