[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3704 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3704
To amend the Public Health Service Act to authorize the Secretary of
Health and Human Services to award grants, contracts, or cooperative
agreements to schools and school-based health centers to increase the
number of behavioral health care providers in such schools and health
centers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 17, 2022
Mr. Warnock (for himself, Ms. Hassan, Ms. Stabenow, and Mr. Booker)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to authorize the Secretary of
Health and Human Services to award grants, contracts, or cooperative
agreements to schools and school-based health centers to increase the
number of behavioral health care providers in such schools and health
centers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Student Services In
Schools Today Act'' or the ``ASSIST Act''.
SEC. 2. PROGRAM TO INCREASE MENTAL HEALTH AND SUBSTANCE USE DISORDER
CARE PROVIDERS IN SCHOOLS AND SCHOOL-BASED HEALTH
CENTERS.
Subpart I of part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) is amended by adding at the end the following:
``SEC. 330O. PROGRAM TO INCREASE MENTAL HEALTH AND SUBSTANCE USE
DISORDER CARE PROVIDERS IN SCHOOLS AND SCHOOL-BASED
HEALTH CENTERS.
``(a) In General.--Not later than 3 months after the date of
enactment of this section, the Secretary, in consultation with the
Secretary of Education, shall award grants, contracts, or cooperative
agreements to eligible entities to increase the number of mental health
and substance use disorder care providers in schools and health centers
served by such entities.
``(b) Application.--An eligible entity seeking an award under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require, including a description of--
``(1) the mental health and substance use disorder needs of
the student population served by the eligible entity; and
``(2) with respect to the student population served by the
eligible entity, how the eligible entity will ensure that the
mental health and substance use disorder care providers
supported by the eligible entity, and the services administered
by such providers, are culturally competent and linguistically
appropriate.
``(c) Reporting.--
``(1) Eligible entity reporting.--Eligible entities
receiving an award under this section shall submit an annual
report to the Secretary accompanied by such information as the
Secretary may require, including--
``(A) the number of mental health and substance use
disorder care providers working at the schools or
health centers served by the eligible entity, and the
number of such providers supported through the award;
``(B) the types of services provided by the mental
health and substance use disorder care providers and
the efficacy of such services;
``(C) the practices used by the schools or health
centers served by the eligible entity to recruit and
retain mental health and substance use disorder care
providers; and
``(D) the rates of retention of mental health and
substance use disorder care providers at the school or
health center.
``(2) Secretary.--Not later than 18 months after the date
of enactment of this section, and annually thereafter, the
Secretary shall submit to Congress a report on the
effectiveness of the awards under this section.
``(d) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency, as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965;
``(B) an institution of higher education (as
defined in section 101 of the Higher Education Act of
1965);
``(C) a school operated by the Bureau of Indian
Affairs; or
``(D) a school-based health center, as defined in
section 399Z-1(a)(3).
``(2) Mental health and substance use disorder care
provider.--The term `behavioral health care provider' means an
individual who is licensed to provide mental and behavioral
health services, including--
``(A) a school counselor;
``(B) a school psychologist or any other
psychologist;
``(C) a psychiatrist who specializes in child or
adolescent psychiatry;
``(D) a school social worker; and
``(E) other providers, as the Secretary determines
appropriate.''.
SEC. 3. INCREASING THE APPLICABLE FMAP FOR STATE EXPENDITURES
ATTRIBUTABLE TO CERTAIN BEHAVIORAL HEALTH SERVICES.
Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended--
(1) in subsection (b), by striking ``and (ii)'' and
inserting ``(ii), and (jj)''; and
(2) by adding at the end the following new subsection:
``(jj)(1) Notwithstanding any preceding provision of this section,
with respect to State expenditures for medical assistance consisting of
services provided by a behavioral care provider and furnished at a
school (as defined in section 330O(d) of the Public Health Service Act)
or at a school-based health center (as defined in section 399Z-1(a)(3)
of such Act) on or after the date that is 3 months after the date of
the enactment of this subsection, the Federal medical assistance
percentage otherwise determined under subsection (b) shall, subject to
paragraph (2), be equal to 90 percent.
``(2) Paragraph (1) shall not apply in the case of State
expenditures described in such paragraph if application of such
paragraph would result in a lower Federal medical assistance percentage
for such expenditures than would otherwise apply without application of
such paragraph.''.
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