In general
Availability of services for each participant
Individualized plan of services
Required supplemental services
Minimum qualifications for receipt of award
Certification by relevant State agency
Status as medicaid provider
In general
Waiver of participation agreements
In general
In the case of an entity making an agreement pursuant to subparagraph (A)(ii) regarding the provision of services, the requirement established in such subparagraph regarding a participation agreement shall be waived by the Director if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits plan.
Donations
A determination by the Director of whether an entity referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the entity accepts voluntary donations regarding the provision of services to the public.
Nonapplication of certain requirements
42 U.S.C. 1396d(i)With respect to any authorized service that is available pursuant to the State plan described in subparagraph (A), the requirements established in such subparagraph shall not apply to the provision of any such service by an institution for mental diseases to an individual who has attained 21 years of age and who has not attained 65 years of age. For purposes of the preceding sentence, the term “institution for mental diseases” has the meaning given such term in section 1905(i) of the Social Security Act [].
Requirement of matching funds
In general
Determination of amount contributed
Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
Outreach
A funding agreement for an award under subsection (a) for an applicant is that the applicant will provide a plan describing outreach services in the community involved to identify women who have a substance use disorder and to encourage the women to undergo treatment for such disorder. Such plan may include a description of how such applicant will target outreach to women disproportionately impacted by maternal substance use disorder.
Accessibility of program; cultural context of services
Continuing education
A funding agreement for an award under subsection (a) is that the applicant involved will provide for continuing education in treatment services for the individuals who will provide treatment in the program to be operated by the applicant pursuant to such subsection.
Imposition of charges
Reports to Director
Requirement of application
The Director may make an award under subsection (a) only if an application for the award is submitted to the Director containing such agreements, and the application is in such form, is made in such manner, and contains such other agreements and such assurances and information as the Director determines to be necessary to carry out this section.
Allocation of awards
section 254e of this titleIn making awards under subsection (a), the Director shall give priority to an applicant that agrees to use the award for a program serving an area that is a rural area, an area designated under by the Secretary as a health professional shortage area, or an area determined by the Director to have a shortage of family-based substance use disorder treatment options.
Duration of award
The period during which payments are made to an entity from an award under subsection (a) may not exceed 5 years. The provision of such payments shall be subject to annual approval by the Director of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. This subsection may not be construed to establish a limitation on the number of awards under such subsection that may be made to an entity.
Evaluations; dissemination of findings
The Director shall, directly or through contract, provide for the conduct of evaluations of programs carried out pursuant to subsection (a). The Director shall disseminate to the States the findings made as a result of the evaluations.
Reports to Congress
section 290aa(m) of this titleNot later than , the Director shall submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing programs carried out pursuant to this section (other than subsection (r)). Every 2 years thereafter, the Director shall prepare a report describing such programs carried out during the preceding 2 years, and shall submit the report to the Assistant Secretary for inclusion in the biennial report under . Each report under this subsection shall include a summary of any evaluations conducted under subsection (m) during the period with respect to which the report is prepared.
Definitions
Pilot program for State substance abuse agencies
In general
Requirements
Required services
In general
Stakeholder input
The Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from substance abuse, and other appropriate individuals, for the minimum set of services described in subparagraph (A).
Evaluation and report to Congress
In general
The Director of the Center for Behavioral Health Statistics and Quality shall evaluate the pilot program at the conclusion of the first grant cycle funded by the pilot program.
Report
Recommendation
The report under subparagraph (B) shall include a recommendation by the Director of the Center for Substance Abuse Treatment as to whether the pilot program under this subsection should be extended.
State substance abuse agencies defined
For purposes of this subsection, the term “State substance abuse agency” means, with respect to a State, the agency in such State that manages the Substance Abuse Prevention and Treatment Block Grant under part B of subchapter XVII.
Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated $38,931,000 for each of fiscal years 2026 through 2030. Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016.
July 1, 1944, ch. 373Pub. L. 102–321, title I, § 108(a)106 Stat. 336Pub. L. 106–310, div. B, title XXXIII, § 3301(a)114 Stat. 1207Pub. L. 114–198, title V, § 501130 Stat. 724Pub. L. 114–255, div. B, title VI130 Stat. 1203Pub. L. 115–271, title VII, § 7062(b)132 Stat. 4020Pub. L. 117–328, div. FF, title I, § 1114136 Stat. 5647Pub. L. 119–44, title II, § 201139 Stat. 680(, title V, § 508, as added , , ; amended , , ; , , ; , §§ 6001(c)(2), 6006(b), , , 1212; , , ; , , ; , , .)
Editorial Notes
References in Text
act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of this titleThe Social Security Act, referred to in subsec. (e)(2)(A), is , . Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.
Prior Provisions
act July 1, 1944, ch. 373, title V, § 511Pub. L. 91–616, title V, § 503Pub. L. 94–371, § 790 Stat. 1039Pub. L. 95–622, title I, § 110(d)92 Stat. 3420Pub. L. 96–180, § 1693 Stat. 1305§ 503 of Pub. L. 91–616Pub. L. 97–35, title IX, § 965(b)95 Stat. 594Pub. L. 98–24, § 2(b)(9)97 Stat. 179Pub. L. 99–570, title IV, § 4008100 Stat. 3207–115Pub. L. 102–321section 285n–2 of this titleA prior section 290bb–1, , formerly , formerly § 504, as added , , ; amended , , ; , , ; renumbered and amended , (c), , ; renumbered § 511 of act , and amended , , ; , , , which related to National Alcohol Research Centers and a mandatory grant for research of the effects of alcohol on the elderly, was renumbered section 464J of title IV of act , by and transferred to .
section 290aa–6 of this titlePub. L. 102–321section 290bb–21 of this titleA prior section 508 of act , which was classified to , was renumbered section 515 of act , by and transferred to .
Amendments
Pub. L. 119–44, § 201(1)2025—Subsec. (d)(11)(C). , substituted “providing health care services” for “providing health services”.
Pub. L. 119–44, § 201(2)Subsec. (g). , inserted “a plan describing” after “will provide” and “Such plan may include a description of how such applicant will target outreach to women disproportionately impacted by maternal substance use disorder.” at end.
Pub. L. 119–44, § 201(3)Subsec. (s). , substituted “$38,931,000 for each of fiscal years 2026 through 2030” for “$29,931,000 for each of fiscal years 2019 through 2023”.
Pub. L. 117–328, § 1114(1)2022—Subsec. (r)(4). , (2), redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “The pilot program under this subsection shall not exceed 5 years.”
Pub. L. 117–328, § 1114(3)Subsec. (r)(4)(B). , in introductory provisions, substituted “Not later than , the Director” for “The Director” and “the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives” for “the relevant committees of jurisdiction of the House of Representatives and the Senate”.
Pub. L. 117–328, § 1114(2)Subsec. (r)(5), (6). , redesignated pars. (5) and (6) as (4) and (5), respectively.
Pub. L. 115–2712018—Subsec. (s). substituted “$29,931,000 for each of fiscal years 2019 through 2023” for “$16,900,000 for each of fiscal years 2017 through 2021”.
Pub. L. 114–198, § 501(a)(1)(A)2016—Subsec. (a). , in introductory provisions, inserted “(referred to in this section as the ‘Director’)” after “Substance Abuse Treatment” and substituted “grants, including the grants under subsection (r), cooperative agreements” for “grants, cooperative agreement,” and “for substance use disorders” for “for substance abuse”.
Pub. L. 114–198, § 501(a)(1)(B)Subsec. (a)(1). , inserted “or receive outpatient treatment services from” after “reside in”.
Pub. L. 114–198, § 501(a)(2)Subsec. (b)(2). , inserted “and her children” before period at end.
Pub. L. 114–198, § 501(a)(3)(A)Subsec. (c)(1). , substituted “of services for the woman and her children” for “to the woman of the services”.
Pub. L. 114–198, § 501(a)(3)(B)(i)Subsec. (c)(2)(A). , substituted “substance use disorders” for “substance abuse”.
Pub. L. 114–198, § 501(a)(3)(B)(ii)Subsec. (c)(2)(B). , substituted “such a disorder” for “such abuse”.
Pub. L. 114–198, § 501(a)(4)(A)Subsec. (d)(3)(A). , substituted “a maternal substance use disorder” for “maternal substance abuse”.
Pub. L. 114–198, § 501(a)(4)(B)Subsec. (d)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Providing supervision of children during periods in which the woman is engaged in therapy or in other necessary health or rehabilitative activities.”
Pub. L. 114–198, § 501(a)(4)(C)Subsec. (d)(9). , (D), substituted “unit” for “units” and “woman” for “women” in two places.
Pub. L. 114–198, § 501(a)(4)(C)Subsec. (d)(10). , substituted “woman” for “women” in two places.
Pub. L. 114–198, § 501(a)(4)(C)Subsec. (d)(11)(A). , (E)(i), substituted “the woman” for “the women” and “any child of such woman” for “their children”.
Pub. L. 114–198, § 501(a)(4)(E)(ii)Subsec. (d)(11)(D). –(iv), added subpar. (D).
Pub. L. 114–198, § 501(a)(5)(A)Subsec. (e)(1). , substituted “substance use disorders” for “substance abuse” in introductory provisions and in subpar. (B).
Pub. L. 114–198, § 501(a)(5)(B)Subsec. (e)(2). , inserted headings for subpars. (A) to (C) and for cls. (i) and (ii) of subpar. (B).
Pub. L. 114–198, § 501(a)(6)Subsec. (g). , substituted “who have a substance use disorder” for “who are engaging in substance abuse” and “such disorder” for “such abuse”.
Pub. L. 114–198, § 501(a)(7)(A)Subsec. (j). , substituted “to or on” for “to on” in introductory provisions.
Pub. L. 114–198, § 501(a)(7)(B)Subsec. (j)(3). , substituted “Office of” for “Office for”.
Pub. L. 114–198, § 501(a)(8)Subsec. (m). , amended subsec. (m) generally. Prior to amendment, text read as follows: “In making awards under subsection (a) of this section, the Director shall ensure that the awards are equitably allocated among the principal geographic regions of the United States, subject to the availability of qualified applicants for the awards.”
Pub. L. 114–255, § 6006(b)Subsec. (p). , substituted “section 290aa(m)” for “section 290aa(k)”.
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.
Pub. L. 114–198, § 501(b)(1), inserted “(other than subsection (r))” after “pursuant to this section”.
Pub. L. 114–198, § 501(a)(9)(A)Subsec. (q)(3). , substituted “funding agreement” for “funding agreement under subsection (a)”.
Pub. L. 114–198, § 501(a)(9)(B)Subsec. (q)(4). , substituted “a substance use disorder” for “substance abuse”.
Pub. L. 114–198, § 501(c)(1)(B)Subsec. (r). , added subsec. (r). Former subsec. (r) redesignated (s).
Pub. L. 114–198, § 501(b)(2), substituted “$16,900,000 for each of fiscal years 2017 through 2021” for “such sums as may be necessary to fiscal years 2001 through 2003”.
Pub. L. 114–198, § 501(c)(1)(A)Subsec. (s). , (2), redesignated subsec. (r) as (s) and inserted at end “Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016.”
Pub. L. 106–3102000—Subsec. (r). reenacted heading without change and amended text generally, substituting provisions authorizing appropriations for fiscal years 2001 to 2003 for provisions authorizing appropriations for fiscal years 1993 and 1994 and authorizing appropriations from the special forfeiture fund of the Director of the Office of National Drug Control Policy.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, .
section 1(a) of Pub. L. 104–14section 21 of Title 2Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by , set out as a note preceding , The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, .
Effective Date
Pub. L. 102–321section 236 of this titleSection effective , with provision for programs providing financial assistance, see section 801(c), (d) of , set out as an Effective Date of 1992 Amendment note under .
Transitional and Savings Provisions
Pub. L. 102–321, title I, § 108(b)106 Stat. 341
Savings provision for completion of current projects.—
Limitation on funding for certain projects .—
Definitions .—
Report on Implementation of Strategy Relating to Prenatal Opioid Use
Pub. L. 115–271, title VII, § 7062(a)132 Stat. 4019