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S. 4170, Mental Health Reform Reauthorization Act of 2022

Summary

S. 4170, the Mental Health Reform Reauthorization Act of 2022, is a Senate bill introduced May 10, 2022 by Cassidy, for himself and Murphy, and referred to the Committee on Health, Education, Labor, and Pensions. Section 2 amends section 501(d) of the Public Health Service Act. Section 3 amends section 1920 of that Act on the community mental health services block grant by striking $532,571,000 for each of fiscal years 2018 through 2022 and inserting 1,000,000,000 for each of fiscal years 2023 through 2027. It adds crisis care and prevention provisions that each require a State to expend not less than 5 percent of the amount it receives under section 1911 for each fiscal year, with State flexibility to elect a higher percentage over 2 consecutive fiscal years.

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Bills Bills 117S4170Is Bills 117S4170Is
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“S. 4170, Mental Health Reform Reauthorization Act of 2022.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s4170is-bills-117s4170is/, SHA-256 6dd06142f84bba256ab7c28544b0da2a0835b15c5b2f9e2e422aba1e4771ea48.

Full text

                                                                                                                                                                          II




                                                                       117TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4170
                                                                          To reauthorize programs related to mental health, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                      MAY 10, 2022
                                                                       Mr. CASSIDY (for himself and Mr. MURPHY) introduced the following bill;
                                                                           which was read twice and referred to the Committee on Health, Edu-
                                                                           cation, Labor, and Pensions




                                                                                                                 A BILL
                                                                          To reauthorize programs related to mental health, and for
                                                                                               other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3    SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Mental Health Reform
                                                                         5 Reauthorization Act of 2022’’.
                                                                         6    SEC. 2. SUBSTANCE ABUSE AND MENTAL HEALTH SERV-

                                                                         7                             ICES ADMINISTRATION.

                                                                         8              Section 501(d) of the Public Health Service Act (42




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                                                                         9 U.S.C. 290aa(d)) is amended—




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                                                                         1                       (1) in paragraph (5), by inserting ‘‘coordination
                                                                         2              between programs and Centers of Excellence regard-
                                                                         3              ing promising and best practices and dissemination
                                                                         4              to the field and’’ after ‘‘, including’’;
                                                                         5                       (2) in paragraph (24)(E), by striking ‘‘; and’’
                                                                         6              and inserting a semicolon;
                                                                         7                       (3) in paragraph (25), by striking the period
                                                                         8              and inserting ‘‘; and’’; and
                                                                         9                       (4) by adding at the end the following:
                                                                       10                        ‘‘(26) coordinate with the Centers for Medicare
                                                                       11               & Medicaid Services to promote coverage of evi-
                                                                       12               dence-based prevention and treatment services, im-
                                                                       13               prove quality of care, and identify opportunities for
                                                                       14               State Medicaid agencies and State mental health
                                                                       15               and substance use disorder agencies to collaborate,
                                                                       16               including through the braiding of funds, demonstra-
                                                                       17               tion programs, waivers, amendments to State plans
                                                                       18               under section 1912, other State flexibilities, and
                                                                       19               agency guidance for all populations enrolled in Med-
                                                                       20               icaid programs.’’.
                                                                       21     SEC. 3. COMMUNITY MENTAL HEALTH SERVICES BLOCK

                                                                       22                              GRANT.

                                                                       23               (a) FUNDING.—Section 1920 of the Public Health
                                                                       24 Service Act (42 U.S.C. 300x–9) is amended—



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                                                                         1                       (1)         in         subsection                 (a),           by      striking
                                                                         2              ‘‘$532,571,000 for each of fiscal years 2018 through
                                                                         3              2022’’ and inserting ‘‘1,000,000,000 for each of fis-
                                                                         4              cal years 2023 through 2027’’; and
                                                                         5                       (2) by adding at the end the following:
                                                                         6              ‘‘(d) CRISIS CARE.—
                                                                         7                       ‘‘(1) IN GENERAL.—Except as provided in para-
                                                                         8              graph (3), a State shall expend not less than 5 per-
                                                                         9              cent of the amount the State receives pursuant to
                                                                       10               section 1911 for each fiscal year to support evi-
                                                                       11               denced-based programs.
                                                                       12                        ‘‘(2) CORE ELEMENTS.—At the discretion of
                                                                       13               the single State agency responsible for the adminis-
                                                                       14               tration of the program of the State under a grant
                                                                       15               under section 1911, funds expended pursuant to
                                                                       16               paragraph (1) may be used to fund some or all of
                                                                       17               the core crisis care service components, delivered ac-
                                                                       18               cording to evidence-based principles, including the
                                                                       19               following:
                                                                       20                                  ‘‘(A) Crisis call centers.
                                                                       21                                  ‘‘(B) 24/7 mobile crisis services.
                                                                       22                                  ‘‘(C) Crisis stabilization programs offering
                                                                       23                        acute care or subacute care in a hospital or ap-
                                                                       24                        propriately licensed facility, as determined by



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                                                                       25                        the Substance Abuse and Mental Health Serv-


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                                                                         1                       ices Administration, with referrals to inpatient
                                                                         2                       or outpatient care.
                                                                         3                       ‘‘(3) STATE FLEXIBILITY.—In lieu of expending
                                                                         4              5 percent of the amount the State receives pursuant
                                                                         5              to section 1911 for a fiscal year to support evidence-
                                                                         6              based programs as required by paragraph (1), a
                                                                         7              State may elect to expend not less than 10 percent
                                                                         8              of such amount to support such programs by the
                                                                         9              end of 2 consecutive fiscal years.
                                                                       10               ‘‘(e) PREVENTION.—
                                                                       11                        ‘‘(1) IN GENERAL.—Except as provided in para-
                                                                       12               graph (3), a State shall expend not less than 5 per-
                                                                       13               cent of the amount the State receives pursuant to
                                                                       14               section 1911 for each fiscal year to support evi-
                                                                       15               denced-based early identification and early interven-
                                                                       16               tion programs that prevent or mitigate the develop-
                                                                       17               ment of mental illness in individuals, including chil-
                                                                       18               dren and adolescents, who may be at risk of devel-
                                                                       19               oping a serious mental illness or serious emotional
                                                                       20               disturbance, within the meaning of such term as de-
                                                                       21               fined by the Secretary pursuant to section 1912, or
                                                                       22               as determined through the use of evidence-based
                                                                       23               screening instruments or clinical assessment.
                                                                       24                        ‘‘(2) CORE ELEMENTS.—At the discretion of



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                                                                       25               the single State agency responsible for the adminis-


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                                                                         1              tration of the program of the State under a grant
                                                                         2              under section 1911, funds expended pursuant to
                                                                         3              paragraph (1) shall be used for evidence-based prac-
                                                                         4              tices that follow or exceed the quality of generally
                                                                         5              accepted standards of care.
                                                                         6                       ‘‘(3) STATE FLEXIBILITY.—In lieu of expending
                                                                         7              5 percent of the amount the State receives pursuant
                                                                         8              to section 1911 for a fiscal year to support evidence-
                                                                         9              based early identification and early intervention pro-
                                                                       10               grams as required by paragraph (1), a State may
                                                                       11               elect to expend not less than 10 percent of such
                                                                       12               amount to support such programs by the end of 2
                                                                       13               consecutive fiscal years.
                                                                       14               ‘‘(f) REPORTS BY THE SECRETARY.—
                                                                       15                        ‘‘(1) IN GENERAL.—The Secretary shall—
                                                                       16                                  ‘‘(A) commission longitudinal follow-up
                                                                       17                        studies of the population of individuals served
                                                                       18                        by funds expended pursuant to subsection
                                                                       19                        (e)(1) to determine clinical outcomes that may
                                                                       20                        be associated with such funds, including crisis
                                                                       21                        services utilization and emergency department
                                                                       22                        visits and hospitalizations related to mental ill-
                                                                       23                        ness, prevalence of suicidal behavior, mortality,
                                                                       24                        disability income, high school graduation rates,



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                                                                       25                        employment status and successful timely reuni-


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                                                                         1                       fication, placement stability, and permanency
                                                                         2                       for children in foster care, disaggregated by
                                                                         3                       mental illness diagnosis; and
                                                                         4                                 ‘‘(B) submit a biennial report summarizing
                                                                         5                       incremental findings of the studies conducted
                                                                         6                       under paragraph (1) to Congress.
                                                                         7                       ‘‘(2) REQUIREMENTS.—In carrying out para-
                                                                         8              graph (1)(A), the Secretary shall—
                                                                         9                                 ‘‘(A) solicit feedback from stakeholders, in-
                                                                       10                        cluding pediatric experts, on outcomes to use
                                                                       11                        for different age groups and populations; and
                                                                       12                                  ‘‘(B) consider how States who have re-
                                                                       13                        ceived funding are partnering with providers to
                                                                       14                        increase access to mental health services spe-
                                                                       15                        cific to adults and to children.
                                                                       16               ‘‘(g) SPECIAL RULE.—The requirements described in
                                                                       17 subsection (b)(1)(A)(vi) for a State plan required under
                                                                       18 such section shall not apply with respect to funds allocated
                                                                       19 for the purposes described in subsections (d) and (e).’’.
                                                                       20               (b) RESTRICTIONS ON USE OF PAYMENTS.—Section
                                                                       21 1916(a) of the Public Health Service Act (42 U.S.C.
                                                                       22 300x–5(a)) is amended—
                                                                       23                        (1) in paragraph (3), by adding ‘‘or’’ after the
                                                                       24               semicolon;



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                                                                         1                       (2) in paragraph (4), by striking ‘‘; or’’ and in-
                                                                         2              serting a period; and
                                                                         3                       (3) by striking paragraph (5).
                                                                         4    SEC. 4. GRANTS FOR JAIL DIVERSION PROGRAMS.

                                                                         5              Section 520G of the Public Health Service Act (42
                                                                         6 U.S.C. 290bb–38) is amended—
                                                                         7                       (1) in subsection (c)(2)(A)(i)—
                                                                         8                                 (A) by inserting ‘‘support continuity of
                                                                         9                       care (including in consultation with the individ-
                                                                       10                        ual’s mental health clinician when feasible and
                                                                       11                        with continuation of previously prescribed psy-
                                                                       12                        chotropic medication and medication for the
                                                                       13                        treatment of substance use disorder, as appro-
                                                                       14                        priate),’’ after ‘‘evidence-based practices,’’;
                                                                       15                                  (B) by inserting ‘‘to relevant medications
                                                                       16                        approved by the Food and Drug Administra-
                                                                       17                        tion’’ after ‘‘management and access’’; and
                                                                       18                                  (C) by inserting ‘‘peer recovery support
                                                                       19                        services,’’ after ‘‘co-occurring substance use dis-
                                                                       20                        order treatment,’’;
                                                                       21                        (2) in subsection (e)(4) by inserting ‘‘and re-
                                                                       22               sponse (including suicide prevention)’’ after ‘‘crisis
                                                                       23               intervention’’; and
                                                                       24                        (3) in subsection (j), by striking ‘‘$4,269,000



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                                                                       25               for each of fiscal years 2018 through 2022’’ and in-


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                                                                         1              serting ‘‘$6,269,000 for each of fiscal years 2023
                                                                         2              through 2027’’.
                                                                         3    SEC. 5. ASSISTED OUTPATIENT TREATMENT.

                                                                         4              Section 224 of the Protecting Access to Medicare Act
                                                                         5 of 2014 (Public Law 113–93; 42 U.S.C. 290aa note) is
                                                                         6 amended—
                                                                         7                       (1) in subsection (e)—
                                                                         8                                 (A) in the matter preceding paragraph (1),
                                                                         9                       by striking ‘‘each of fiscal years 2016, 2017,
                                                                       10                        2018, 2019, 2020, 2021, and 2022’’ and insert-
                                                                       11                        ing ‘‘fiscal year 2027’’;
                                                                       12                                  (B) by striking paragraphs (2) and (3) and
                                                                       13                        inserting the following:
                                                                       14                        ‘‘(2) Impact of assisted outpatient treatment on
                                                                       15               rates of psychiatric hospitalization, homelessness, ar-
                                                                       16               rest, and incarceration of patients.
                                                                       17                        ‘‘(3) Significant variations in program design
                                                                       18               among grantees, including variations in the role of
                                                                       19               courts         in       monitoring               and         motivating           patient
                                                                       20               progress, and the comparative impacts of such vari-
                                                                       21               ations upon program outcomes.’’; and
                                                                       22                                  (C) by adding at the end the following:
                                                                       23                        ‘‘(5) Use of psychiatric advance directives or
                                                                       24               other methods for patient input in care.’’;



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                                                                         1                       (2) in subsection (f)(1), by striking ‘‘local
                                                                         2              court’’ and inserting ‘‘local civil court’’; and
                                                                         3                       (3) in subsection (g)—
                                                                         4                                 (A) in paragraph (1), by striking ‘‘2015
                                                                         5                       through 2022’’ and inserting ‘‘2023 through
                                                                         6                       2027’’; and
                                                                         7                                 (B)         in    paragraph                 (2),        by     striking
                                                                         8                       ‘‘$15,000,000 for each of’’ and all that follows
                                                                         9                       through ‘‘2022’’ and inserting ‘‘$21,000,000 for
                                                                       10                        each of fiscal years 2023 through 2027’’.
                                                                       11     SEC. 6. PROJECTS FOR ASSISTANCE IN TRANSITION FROM

                                                                       12                              HOMELESSNESS.

                                                                       13               Part C of title V of the Public Health Service Act
                                                                       14 (42 U.S.C. 290cc–21 et seq.) is amended—
                                                                       15                        (1) in section 522(g)(1) (42 U.S.C. 290cc–
                                                                       16               22(g)(1)) by striking ‘‘20 percent’’ and inserting
                                                                       17               ‘‘25 percent’’; and
                                                                       18                        (2) in section 535(a) (42 U.S.C. 290cc–35(a)),
                                                                       19               by striking ‘‘$64,635,000 for each of fiscal years
                                                                       20               2018 through 2022’’ and inserting ‘‘$64,635,000 for
                                                                       21               each of fiscal years 2023 through 2027’’.




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                                                                         1    SEC. 7. GRANTS TO SUPPORT MENTAL HEALTH AND SUB-

                                                                         2                             STANCE USE DISORDER PARITY IMPLEMEN-

                                                                         3                             TATION.

                                                                         4              (a) IN GENERAL.—Section 2794(c) of the Public
                                                                         5 Health Service Act (42 U.S.C. 300gg–94(c)) (as added by
                                                                         6 section 1003 of the Patient Protection and Affordable
                                                                         7 Care Act (Public Law 111–148) is amended by adding at
                                                                         8 the end the following:
                                                                         9                       ‘‘(3) PARITY IMPLEMENTATION.—
                                                                       10                                  ‘‘(A) IN         GENERAL.—Beginning                            60 days
                                                                       11                        after the date of enactment of the Parity Imple-
                                                                       12                        mentation Assistance Act, the Secretary shall
                                                                       13                        award grants to States to implement the mental
                                                                       14                        health and substance use disorder parity provi-
                                                                       15                        sions of section 2726, provided that in order to
                                                                       16                        receive such a grant, a State is required to re-
                                                                       17                        quest and review from health insurance issuers
                                                                       18                        offering group or individual health insurance
                                                                       19                        coverage the comparative analyses and other in-
                                                                       20                        formation required of such health insurance
                                                                       21                        issuers under subsection (a)(8)(A) of such sec-
                                                                       22                        tion 2726 regarding the design and application
                                                                       23                        of nonquantitative treatment limitations im-
                                                                       24                        posed on mental health or substance use dis-




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                                                                       25                        order benefits.


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                                                                         1                                 ‘‘(B)       AUTHORIZATION                       OF        APPROPRIA-

                                                                         2                       TIONS.—For                 purposes of awarding grants
                                                                         3                       under subparagraph (A), there are authorized
                                                                         4                       to be appropriated $25,000,000 for each of the
                                                                         5                       first five fiscal years beginning after the date of
                                                                         6                       the enactment of this paragraph.’’.
                                                                         7              (b) TECHNICAL AMENDMENT.—Section 2794 of the
                                                                         8 Public Health Service Act (42 U.S.C. 300gg–95), as
                                                                         9 added by section 6603 of the Patient Protection and Af-
                                                                       10 fordable Care Act (Public Law 111–148) is redesignated
                                                                       11 as section 2795.
                                                                       12     SEC. 8. ELIMINATING THE OPT-OUT FOR NON-FEDERAL

                                                                       13                              GOVERNMENTAL HEALTH PLANS.

                                                                       14               Section 2722(a)(2) of the Public Health Service Act
                                                                       15 (42 U.S.C. 300gg–21(a)(2)) is amended by adding at the
                                                                       16 end the following new subparagraph:
                                                                       17                                  ‘‘(F) SUNSET OF ELECTION OPTION.—
                                                                       18                                          ‘‘(i) IN         GENERAL.—Notwithstanding

                                                                       19                                  the preceding provisions of this para-
                                                                       20                                  graph—
                                                                       21                                                  ‘‘(I) no election described in sub-
                                                                       22                                          paragraph (A) with respect to the pro-
                                                                       23                                          visions of section 2726 may be made
                                                                       24                                          on or after the date of enactment of



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                                                                       25                                          this subparagraph; and


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                                                                         1                                                 ‘‘(II) except as provided in clause
                                                                         2                                        (ii), no such election with respect to
                                                                         3                                        the provisions of section 2726 expir-
                                                                         4                                        ing on or after the date that is 180
                                                                         5                                        days after the date of such enactment
                                                                         6                                        may be renewed.
                                                                         7                                        ‘‘(ii) EXCEPTION FOR CERTAIN COL-
                                                                         8                                 LECTIVELY BARGAINED PLANS.—Notwith-

                                                                         9                                 standing clause (i)(II), a plan described in
                                                                       10                                  subparagraph (B)(ii) that is subject to
                                                                       11                                  multiple agreements described in such sub-
                                                                       12                                  paragraph of varying lengths and that has
                                                                       13                                  an election in effect under subparagraph
                                                                       14                                  (A) as of the date of enactment of this
                                                                       15                                  subparagraph that expires on or after the
                                                                       16                                  date that is 180 days after the date of
                                                                       17                                  such enactment may extend such election
                                                                       18                                  until the date on which the term of the last
                                                                       19                                  such agreement expires.
                                                                       20                                         ‘‘(iii)         GUIDANCE.—The                           Secretary
                                                                       21                                  shall issue guidance to plans to support
                                                                       22                                  carrying out activities under this section
                                                                       23                                  with regard to section 2726, including the
                                                                       24                                  requirements under subsection (a)(8) of



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                                                                       25                                  such section. Such guidance shall include


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                                                                         1                                 an explanation of documents that are re-
                                                                         2                                 quired to be disclosed and analyses that
                                                                         3                                 are required to be conducted pursuant to
                                                                         4                                 such subsection (a)(8), including how non-
                                                                         5                                 quantitative treatment limitations are ap-
                                                                         6                                 plied to mental health or substance use
                                                                         7                                 disorder benefits and medical or surgical
                                                                         8                                 benefits covered under the plan, in order
                                                                         9                                 for such plan to demonstrate compliance
                                                                       10                                  with this section and section 2726.’’.
                                                                       11     SEC. 9. MINORITY FELLOWSHIP PROGRAM.

                                                                       12               Section 597 of the Public Health Service Act (42
                                                                       13 U.S.C. 290ll) is amended—
                                                                       14                        (1) in subsection (b), by inserting ‘‘addiction
                                                                       15               medicine,’’ after ‘‘mental health counseling,’’; and
                                                                       16                        (2) in subsection (c), by striking ‘‘$12,669,000
                                                                       17               for each of fiscal years 2018 through 2022’’ and in-
                                                                       18               serting ‘‘$25,000,000 for each of fiscal years 2023
                                                                       19               through 2027’’.
                                                                       20     SEC. 10. PRIORITY MENTAL HEALTH NEEDS OF REGIONAL

                                                                       21                              AND NATIONAL SIGNIFICANCE.

                                                                       22               Section 520A of the Public Health Service Act (42
                                                                       23 U.S.C. 290bb–32) is amended by striking ‘‘2018 through
                                                                       24 2022’’ and inserting ‘‘2023 through 2027’’.



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                                                                         1    SEC.        11.     ENCOURAGING                     INNOVATION               AND        EVIDENCE-

                                                                         2                             BASED PROGRAMS WITHIN THE NATIONAL

                                                                         3                             MENTAL HEALTH AND SUBSTANCE USE POL-

                                                                         4                             ICY LABORATORY.

                                                                         5              (a) REAUTHORIZATION.—Section 501A(e)(3) of the
                                                                         6 Public Health Service Act (42 U.S.C. 290aa–0(e)(3)) is
                                                                         7 amended by striking ‘‘2018 through 2020’’ each place it
                                                                         8 appears and inserting ‘‘2023 through 2027’’.
                                                                         9              (b) GAO STUDY.—Not later than 18 months after
                                                                       10 the date of enactment of this Act, the Comptroller General
                                                                       11 of the United States shall perform a report on the work
                                                                       12 of the National Mental Health and Substance Use Policy
                                                                       13 Laboratory established under section 501A of the Public
                                                                       14 Health Service Act (42 U.S.C. 290aa–0), including—
                                                                       15                        (1) the extent to which such Laboratory is
                                                                       16               meeting its responsibilities as set forth in such sec-
                                                                       17               tion 501A; and
                                                                       18                        (2) any recommendations for improvement, in-
                                                                       19               cluding methods to expand the use of evidence-based
                                                                       20               practices across programs, recommendations to im-
                                                                       21               prove program evaluations for effectiveness, and dis-
                                                                       22               semination of resources to stakeholders and the pub-
                                                                       23               lic.




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                                                                         1    SEC. 12. PROGRAMS FOR CHILDREN WITH A SERIOUS EMO-

                                                                         2                             TIONAL DISTURBANCE.

                                                                         3              Section 565(f) of the Public Health Service Act (42
                                                                         4 U.S.C. 290ff–4(f)) is amended—
                                                                         5                       (1)         in         paragraph                  (1),           by      striking
                                                                         6              ‘‘$119,026,000 for each of fiscal years 2018 through
                                                                         7              2022’’ and inserting ‘‘$125,000,000 for each of fis-
                                                                         8              cal years 2023 through 2027’’; and
                                                                         9                       (2) by moving the margin of paragraph (2) 2
                                                                       10               ems to the right.
                                                                       11     SEC. 13. MENTAL AND BEHAVIORAL HEALTH EDUCATION

                                                                       12                              AND TRAINING GRANTS.

                                                                       13               Section 756(f) of the Public Health Service Act (42
                                                                       14 U.S.C. 294e–1(f)) is amended—
                                                                       15                        (1) in the matter preceding paragraph (1)—
                                                                       16                                  (A) by striking ‘‘2019 through 2023’’ and
                                                                       17                        inserting ‘‘2023 through 2027’’; and
                                                                       18                                  (B) by striking ‘‘$50,000,000’’ and insert-
                                                                       19                        ing ‘‘$102,000,000’’;
                                                                       20                        (2)         in         paragraph                  (1),           by      striking
                                                                       21               ‘‘$15,000,000’’ and inserting ‘‘$30,500,000’’;
                                                                       22                        (3)         in         paragraph                  (2),           by      striking
                                                                       23               ‘‘$15,000,000’’ and inserting ‘‘$30,500,000’’;
                                                                       24                        (4)         in         paragraph                  (3),           by      striking




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                                                                       25               ‘‘$10,000,000’’ and inserting ‘‘$20,500,000’’; and


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                                                                         1                       (5)         in         paragraph                  (4),           by      striking
                                                                         2              ‘‘$10,000,000’’ and inserting ‘‘$20,500,000’’.
                                                                         3    SEC. 14. DEVELOPMENT AND DISSEMINATION OF MODEL

                                                                         4                             TRAINING PROGRAMS UNDER HIPAA.

                                                                         5              Section 11004 of the 21st Century Cures Act (Public
                                                                         6 Law 114–255; 42 U.S.C. 1320d–2 note) is amended—
                                                                         7                       (1) by redesignating subsections (c) through (e)
                                                                         8              as subsections (d) through (f), respectively;
                                                                         9                       (2) by inserting after subsection (b) the fol-
                                                                       10               lowing:
                                                                       11               ‘‘(b) REPORTS TO CONGRESS.—The Secretary shall
                                                                       12 submit a report to Congress—
                                                                       13                        ‘‘(1) not later than 1 year after the date of en-
                                                                       14               actment of the Mental Health Reform Reauthoriza-
                                                                       15               tion Act of 2022, on actions taken pursuant to sub-
                                                                       16               section (b); and
                                                                       17                        ‘‘(2) not later than 2 years after the date of
                                                                       18               submission of the report under paragraph (1), on
                                                                       19               updates made to the model programs and materials
                                                                       20               described in subsection (a) after the release of the
                                                                       21               final regulations required under section 3221(i) of
                                                                       22               the Coronavirus Aid, Relief, and Economic Security
                                                                       23               Act (Public Law 116–136).’’; and
                                                                       24                        (3) in subsection (f), as so redesignated, by



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                                                                       25               striking ‘‘this section—’’ and all that follows


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                                                                         1              through the end of paragraph (3) and inserting the
                                                                         2              following: ‘‘this section $1,000,000 for each of fiscal
                                                                         3              years 2023 through 2027’’.
                                                                         4    SEC. 15. PROMOTING INTEGRATION OF PRIMARY CARE

                                                                         5                             AND BEHAVIORAL HEALTH.

                                                                         6              Section 520K of the Public Health Service Act (42
                                                                         7 U.S.C. 290bb–42) is amended—
                                                                         8                       (1) in subsection (c)(2)—
                                                                         9                                 (A) in subparagraph (D), by striking ‘‘;
                                                                       10                        and’’ and inserting a semicolon;
                                                                       11                                  (B) by redesignating subparagraph (E) as
                                                                       12                        subparagraph (F); and
                                                                       13                                  (C) by inserting after subparagraph (D)
                                                                       14                        the following:
                                                                       15                                  ‘‘(E) a description of how validated rating
                                                                       16                        scales will be implemented to support the im-
                                                                       17                        provement of patient outcomes using measure-
                                                                       18                        ment-based care, including related to depression
                                                                       19                        screening, patient follow up, and symptom im-
                                                                       20                        provement; and’’; and
                                                                       21                        (2) in subsection (h), by striking ‘‘$51,878,000
                                                                       22               for each of fiscal years 2018 through 2022’’ and in-
                                                                       23               serting ‘‘$52,877,000 for each of fiscal years 2023
                                                                       24               through 2027’’.



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                                                                         1    SEC. 16. PEDIATRIC MENTAL HEALTH CARE ACCESS GRANT

                                                                         2                             PROGRAM.

                                                                         3              Section 330M of the Public Health Service Act (42
                                                                         4 U.S.C. 254c–19) is amended—
                                                                         5                       (1) in subsection (b)—
                                                                         6                                 (A) in paragraph (1)—
                                                                         7                                        (i) in subparagraph (G)—
                                                                         8                                                 (I) by inserting ‘‘developmental-
                                                                         9                                        behavioral pediatricians,’’ after ‘‘ado-
                                                                       10                                         lescent psychiatrists,’’; and
                                                                       11                                                  (II) by inserting ‘‘, and which
                                                                       12                                         may include addiction specialists,’’
                                                                       13                                         after ‘‘mental health counselors’’;
                                                                       14                                         (ii) in subparagraph (H), by striking
                                                                       15                                  ‘‘; and’’ and inserting a semicolon;
                                                                       16                                         (iii) in subparagraph (I), by striking
                                                                       17                                  the period and inserting ‘‘; and’’; and
                                                                       18                                         (iv) by adding at the end the fol-
                                                                       19                                  lowing:
                                                                       20                                  ‘‘(J) maintain an up-to-date list of commu-
                                                                       21                        nity-based supports for children with mental
                                                                       22                        health conditions.’’;
                                                                       23                                  (B) in paragraph (2), by inserting ‘‘, and
                                                                       24                        which may include a developmental-behavioral




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                                                                       25                        pediatrician and an addiction specialist’’ before
                                                                       26                        the period at the end of the first sentence; and
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                                                                         1                                 (C) by adding at the end the following:
                                                                         2                       ‘‘(3) SUPPORT TO SCHOOLS AND EMERGENCY
                                                                         3              DEPARTMENTS.—In addition to the required activi-

                                                                         4              ties specified in paragraph (1), a statewide or re-
                                                                         5              gional network of pediatric mental health teams re-
                                                                         6              ferred to in subsection (a), with respect to which a
                                                                         7              grant under such subsection may be used, may pro-
                                                                         8              vide support to schools and emergency depart-
                                                                         9              ments.’’;
                                                                       10                        (2) by redesignating subsection (g) as sub-
                                                                       11               section (h);
                                                                       12                        (3) by inserting after subsection (f) the fol-
                                                                       13               lowing:
                                                                       14               ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary may
                                                                       15 award a grant to an eligible entity for purposes of pro-
                                                                       16 viding technical assistance to recipients of grants under
                                                                       17 subsection (a).’’; and
                                                                       18                        (4) in subsection (h), as so redesignated, by
                                                                       19               striking ‘‘$9,000,000 for the period of fiscal years
                                                                       20               2018 through 2022’’ and inserting ‘‘$14,000,000 for
                                                                       21               each of fiscal years 2023 through 2025 and
                                                                       22               $30,000,000 for each of fiscal years 2026 and
                                                                       23               2027’’.




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                                                                         1    SEC. 17. TRAINING IN BEHAVIORAL HEALTH FOR PRIMARY

                                                                         2                             CARE PROVIDERS CARING FOR PEDIATRIC

                                                                         3                             POPULATIONS.

                                                                         4              The Advisory Committee on Training in Primary
                                                                         5 Care Medicine and Dentistry of the Health Resources and
                                                                         6 Services Administration shall convene and issue a report
                                                                         7 that includes—
                                                                         8                       (1) recommendations to optimize the content
                                                                         9              and competencies of trainees and primary care pro-
                                                                       10               viders treating pediatric populations to address be-
                                                                       11               havioral health conditions; and
                                                                       12                        (2) best practices for training pediatric pro-
                                                                       13               viders in behavioral health conditions, utilization of
                                                                       14               evidence-based screening tools, and follow up care to
                                                                       15               higher levels of care, when appropriate.
                                                                       16     SEC. 18. FIRST EPISODE PSYCHOSIS.

                                                                       17               (a) REVIEW OF USE OF CERTAIN FUNDING.—Not
                                                                       18 later than 180 days after the date of enactment of this
                                                                       19 Act, the Secretary of Health and Human Services, acting
                                                                       20 through the Assistant Secretary for Mental Health and
                                                                       21 Substance Use, shall conduct a review of the use by States
                                                                       22 of funds made available under the Community Mental
                                                                       23 Health Services Block Grant subpart I of part B of title
                                                                       24 XIX of the Public Health Service Act (42 U.S.C. 300x




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                                                                       25 et seq.) for First Episode Psychosis activities. Such review
                                                                       26 shall consider the following:
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                                                                         1                       (1) How the States use funds for evidence-
                                                                         2              based treatments and services according to the
                                                                         3              standard of care for those with serious mental ill-
                                                                         4              ness, including the comprehensiveness of such treat-
                                                                         5              ments to include all aspects of the recommended
                                                                         6              intervention.
                                                                         7                       (2) How State mental health departments are
                                                                         8              coordinating with State Medicaid departments in the
                                                                         9              delivery of the treatments and services described in
                                                                       10               paragraph (1).
                                                                       11                        (3) What percentage of the State funding under
                                                                       12               the block grant is being applied toward First Epi-
                                                                       13               sode Psychosis in excess of 10 percent of the amount
                                                                       14               of the grant, as broken down on a State-by-State
                                                                       15               basis. The review shall also identify any States that
                                                                       16               fail to expend the required 10 percent of block grant
                                                                       17               funds on First Episode Psychosis activities.
                                                                       18                        (4) How many individuals are served by the ex-
                                                                       19               penditures described in paragraph (3), broken down
                                                                       20               on a per-capita basis.
                                                                       21                        (5) How the funds are used to reach individuals
                                                                       22               in underserved populations, including individuals in
                                                                       23               rural areas and individuals from minority groups.
                                                                       24               (b) REPORT AND GUIDANCE.—



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                                                                         1                       (1) REPORT.—Not later than 6 months after
                                                                         2              the completion of the review under subsection (a),
                                                                         3              the Secretary of Health and Human Services, acting
                                                                         4              through the Assistant Secretary for Mental Health
                                                                         5              and Substance Use, shall submit to the appropriate
                                                                         6              authorization and appropriations committees of Con-
                                                                         7              gress, a report on the finding made as a result of
                                                                         8              the review conducted under subsection (a). Such re-
                                                                         9              port shall include any recommendations with respect
                                                                       10               to any changes to the Community Mental Health
                                                                       11               Services Block Grant program, including the set
                                                                       12               aside required for First Episode Psychosis, that
                                                                       13               would facilitate improved outcomes for the targeted
                                                                       14               population involved.
                                                                       15                        (2) GUIDANCE.—Not later than 1 year after
                                                                       16               the date on which the report is submitted under
                                                                       17               paragraph (1), the Secretary of Health and Human
                                                                       18               Services, acting through the Assistant Secretary for
                                                                       19               Mental Health and Substance Use, shall update the
                                                                       20               guidance provided to States under the Community
                                                                       21               Mental Health Services Block Grant based on the
                                                                       22               findings and recommendations of the report.
                                                                       23               (c) TECHNICAL ASSISTANCE.—The Director of the
                                                                       24 National Institute of Mental Health shall coordinate with



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                                                                       25 the Assistant Secretary for Mental Health and Substance


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                                                                         1 Use in providing technical assistance to State grantees
                                                                         2 and provider subgrantees in the delivery of services for
                                                                         3 First Episode Psychosis under the Community Mental
                                                                         4 Health Services Block Grant.
                                                                         5    SEC. 19. CMS STUDY AND REPORT REGARDING ADHER-

                                                                         6                             ENCE TO STANDARD OF CARE FOR TREAT-

                                                                         7                             MENT OF INDIVIDUALS WITH SERIOUS MEN-

                                                                         8                             TAL ILLNESS AND CHILDREN WITH SERIOUS

                                                                         9                             EMOTIONAL                  DISTURBANCE                     UNDER   MEDI-

                                                                       10                              CARE AND MEDICAID.

                                                                       11               (a) STUDY.—The Administrator of the Centers for
                                                                       12 Medicare & Medicaid Services shall review claims relating
                                                                       13 to treatment of individuals with serious mental illness and
                                                                       14 children with serious emotional disturbance made under
                                                                       15 the Medicare program established under title XVIII of the
                                                                       16 Social Security Act (42 U.S.C. 1395 et seq.) and the Med-
                                                                       17 icaid program established under title XIX of such Act (42
                                                                       18 U.S.C. 1396 et seq.) and the State Children’s Health In-
                                                                       19 surance Program under title XXI of the Social Security
                                                                       20 Act (42 U.S.C. 1397aa et seq.) for purposes of assessing
                                                                       21 the extent to which such individuals receive evidence-based
                                                                       22 treatments according to the standard of care for those
                                                                       23 with serious mental illness and serious emotional disturb-
                                                                       24 ance and the extent to which the comprehensiveness of



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                                                                         1 such treatments includes all aspects of a recommended
                                                                         2 intervention under the applicable standard of care.
                                                                         3              (b) REPORT.—Not later than 6 months after the date
                                                                         4 of enactment of this Act, the Administrator of the Centers
                                                                         5 for Medicare & Medicaid Services shall submit to Congress
                                                                         6 a report on the study required by subsection (a).
                                                                         7    SEC. 20. GUIDANCE FOR STATES RELATING TO COVERAGE

                                                                         8                             RECOMMENDATIONS OF HEALTH CARE SERV-

                                                                         9                             ICES AND INTERVENTIONS FOR INDIVIDUALS

                                                                       10                              WITH SERIOUS MENTAL ILLNESS AND CHIL-

                                                                       11                              DREN WITH SERIOUS EMOTIONAL DISTURB-

                                                                       12                              ANCE.

                                                                       13               Not later than 2 years after the date of enactment
                                                                       14 of this Act, the Administrator of the Centers for Medicare
                                                                       15 & Medicaid Services, jointly with the Assistant Secretary
                                                                       16 for Mental Health and Substance Use and the Director
                                                                       17 of the National Institute of Mental Health—
                                                                       18                        (1) shall provide updated guidance to States
                                                                       19               concerning—
                                                                       20                                  (A) coverage recommendations relating to
                                                                       21                        health care services and interventions for those
                                                                       22                        with serious mental illness, specifically First
                                                                       23                        Episode Psychosis; and
                                                                       24                                  (B) the manner in which Federal funding



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                                                                       25                        provided to States through programs adminis-


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                                                                         1                       tered by such agencies, including the Commu-
                                                                         2                       nity Mental Health Services Block Grant pro-
                                                                         3                       gram under subpart I of part B of title XIX of
                                                                         4                       the Public Health Service Act (42 U.S.C. 300x
                                                                         5                       et seq.), may be coordinated to support individ-
                                                                         6                       uals with serious mental illness and serious
                                                                         7                       emotional disturbance; and
                                                                         8                       (2) may streamline relevant State reporting re-
                                                                         9              quirements if such streamlining would result in mak-
                                                                       10               ing it easier for States to coordinate funding under
                                                                       11               the programs described in paragraph (1)(B) to im-
                                                                       12               prove treatments for individuals with serious mental
                                                                       13               illness and serious emotional disturbance.
                                                                       14     SEC. 21. GAO STUDY ON DATA COLLECTION AND PUBLIC

                                                                       15                              REPORTING.

                                                                       16               Not later than 18 months after the date of enactment
                                                                       17 of this Act, the Comptroller General of the United States,
                                                                       18 in consultation with the Assistant Secretary for Mental
                                                                       19 Health and Substance Use and the Secretary of Health
                                                                       20 and Human Services, shall perform a study on areas to
                                                                       21 improve data reporting across programs of the Substance
                                                                       22 Abuse and Mental Health Services Administration. Such
                                                                       23 report and evaluation shall include—
                                                                       24                        (1) recommendations for improvements to—



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                                                                         1                                 (A) data collected from recipients of
                                                                         2                       grants, contract, and cooperative agreements
                                                                         3                       from the Substance Abuse and Mental Health
                                                                         4                       Services Administration;
                                                                         5                                 (B) utilization of outcome measures and
                                                                         6                       evidence-based practices;
                                                                         7                                 (C) program performance evaluations; and
                                                                         8                                 (D) the impact of grant funding on dif-
                                                                         9                       ferent age groups and populations, including
                                                                       10                        children and adolescents;
                                                                       11                        (2) a review of how the State plans required
                                                                       12               under section 1912 of the Public Health Service Act
                                                                       13               (42 U.S.C. 300x–1) and section 1932 of such Act
                                                                       14               (42 U.S.C. 300x–32) and reports required under
                                                                       15               section 1942 of such Act (42 U.S.C. 300x–52) could
                                                                       16               be updated and simplified; and
                                                                       17                        (3) areas to improve dissemination and how
                                                                       18               data should be reported to the public.
                                                                       19     SEC. 22. PRIMARY CARE TRAINING AND ENHANCEMENT

                                                                       20                              FOR MENTAL HEALTH.

                                                                       21               Section 747(c)(2) of the Public Health Service Act
                                                                       22 (42 U.S.C. 293k(c)(2)) is amended—
                                                                       23                        (1) by striking ‘‘Fifteen percent’’ and inserting
                                                                       24               the following:



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                                                                         1                                 ‘‘(A)       PHYSICIAN                ASSISTANT                 TRAINING

                                                                         2                       PROGRAMS.—Fifteen percent’’; and

                                                                         3                       (2) by adding at the end the following:
                                                                         4                                 ‘‘(B) MENTAL HEALTH PROGRAMS.—Ten
                                                                         5                       percent of the amount appropriated pursuant to
                                                                         6                       paragraph (1) in each such fiscal year shall be
                                                                         7                       allocated to training programs focused on men-
                                                                         8                       tal health, with an emphasis on primary care
                                                                         9                       for pediatric populations.’’.
                                                                                                                              Æ




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