[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3106 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3106
To reauthorize certain programs under the Substance Use-Disorder
Prevention that Promotes Opioid Recovery and Treatment for Patients and
Communities Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 24, 2023
Mr. Cassidy introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To reauthorize certain programs under the Substance Use-Disorder
Prevention that Promotes Opioid Recovery and Treatment for Patients and
Communities Act, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``SUPPORT for
Patients and Communities Reauthorization Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REAUTHORIZATIONS
Sec. 101. First responder training.
Sec. 102. Residential treatment programs for pregnant and postpartum
women.
Sec. 103. Prenatal and postnatal health.
Sec. 104. Loan repayment program for substance use disorder treatment
workforce.
Sec. 105. Youth prevention and recovery.
Sec. 106. Comprehensive opioid recovery centers.
Sec. 107. CDC surveillance and data collection for child, youth, and
adult trauma.
Sec. 108. Task force to develop best practices for trauma-informed
identification, referral, and support.
Sec. 109. Donald J. Cohen National child traumatic stress initiative.
Sec. 110. Surveillance and education regarding infections associated
with illicit drug use and other risk
factors.
Sec. 111. Building communities of recovery.
Sec. 112. Peer support technical assistance center.
Sec. 113. Preventing overdoses of controlled substances.
Sec. 114. CAREER Act.
Sec. 115. Grants to improve trauma support services and mental health
care for children and youth in educational
settings.
TITLE II--OTHER PROVISIONS
Sec. 201. Delivery of a controlled substance by a pharmacy.
Sec. 202. Regulations relating to a special registration for
telemedicine.
Sec. 203. Guidance on at-home drug disposal systems.
Sec. 204. Report on at-home drug disposal systems.
Sec. 205. Ensuring State choice in PDMP systems.
Sec. 206. Mental health parity.
Sec. 207. State guidance on coverage for individuals with serious
mental illness and children with serious
emotional disturbance.
Sec. 208. Community mental health services block grant service
providers.
Sec. 209. Reports and studies on medication treatments for opioid use
disorder.
Sec. 210. FASD Respect Act.
TITLE I--REAUTHORIZATIONS
SEC. 101. FIRST RESPONDER TRAINING.
Section 546(h) of the Public Health Service Act (42 U.S.C. 290ee-
1(h)) is amended by striking ``$36,000,000 for each of fiscal years
2019 through 2023'' and inserting ``$56,000,000 for each of fiscal
years 2024 through 2028''.
SEC. 102. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND POSTPARTUM
WOMEN.
Section 508(s) of the Public Health Service Act (42 U.S.C. 290bb-
1(s)) is amended by striking ``$29,931,000 for each of fiscal years
2019 through 2023'' and inserting ``$38,931,000 for each of fiscal
years 2024 through 2028''.
SEC. 103. PRENATAL AND POSTNATAL HEALTH.
Section 317L(d) of the Public Health Service Act (42 U.S.C. 247b-
13(d)) is amended by striking ``2019 through 2023'' and inserting
``2024 through 2028''.
SEC. 104. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER TREATMENT
WORKFORCE.
Section 781(j) of the Public Health Service Act (42 U.S.C. 295h(j))
is amended by striking ``$25,000,000 for each of fiscal years 2019
through 2023'' and inserting ``$40,000,000 for each of fiscal years
2024 through 2028''.
SEC. 105. YOUTH PREVENTION AND RECOVERY.
Section 7102(c)(9) of the SUPPORT for Patients and Communities Act
(42 U.S.C. 290bb-7a(c)(9)) is amended by striking ``2019 through 2023''
and inserting ``2024 through 2028''.
SEC. 106. COMPREHENSIVE OPIOID RECOVERY CENTERS.
Section 552(j) of the Public Health Service Act (42 U.S.C. 290ee-
7(j)) is amended by striking ``2019 through 2023'' and inserting ``2024
through 2028''.
SEC. 107. CDC SURVEILLANCE AND DATA COLLECTION FOR CHILD, YOUTH, AND
ADULT TRAUMA.
Section 7131(e) of the SUPPORT for Patients and Communities Act (42
U.S.C. 242t(e)) is amended by striking ``$2,000,000 for each of fiscal
years 2019 through 2023'' and inserting ``$9,000,000 for each of fiscal
years 2024 through 2028''.
SEC. 108. TASK FORCE TO DEVELOP BEST PRACTICES FOR TRAUMA-INFORMED
IDENTIFICATION, REFERRAL, AND SUPPORT.
Section 7132(i) of the SUPPORT for Patients and Communities Act
(Public Law 115-271) is amended by striking ``2023'' and inserting
``2028''.
SEC. 109. DONALD J. COHEN NATIONAL CHILD TRAUMATIC STRESS INITIATIVE.
Section 582(j) of the Public Health Service Act (42 U.S.C. 290hh-
1(j)) (relating to grants to address the problems of persons who
experience violence-related stress) is amended by striking
``$63,887,000 for each of fiscal years 2019 through 2023'' and
inserting ``$93,887,000 for each of fiscal years 2024 through 2028''.
SEC. 110. SURVEILLANCE AND EDUCATION REGARDING INFECTIONS ASSOCIATED
WITH ILLICIT DRUG USE AND OTHER RISK FACTORS.
Section 317N(d) of the Public Health Service Act (42 U.S.C. 247b-
15(d)) is amended by striking ``2019 through 2023'' and inserting
``2024 through 2028''.
SEC. 111. BUILDING COMMUNITIES OF RECOVERY.
Section 547(f) of the Public Health Service Act (42 U.S.C. 290ee-
2(f)) is amended by striking ``$5,000,000 for each of fiscal years 2019
through 2023'' and inserting ``$16,000,000 for each of fiscal years
2024 through 2028''.
SEC. 112. PEER SUPPORT TECHNICAL ASSISTANCE CENTER.
Section 547A(e) of the Public Health Service Act (42 U.S.C. 290ee-
2a(e)) is amended by striking ``$1,000,000 for each of fiscal years
2019 through 2023'' and inserting ``$2,000,000 for each of fiscal years
2024 through 2028''.
SEC. 113. PREVENTING OVERDOSES OF CONTROLLED SUBSTANCES.
Section 392A(e) of the Public Health Service Act (42 U.S.C. 280b-
1(e)) is amended by striking ``$496,000,000 for each of fiscal years
2019 through 2023'' and inserting ``$505,579,000 for each of fiscal
years 2024 through 2028''.
SEC. 114. CAREER ACT.
(a) In General.--Section 7183 of the SUPPORT for Patients and
Communities Act (42 U.S.C. 290ee-8) is amended--
(1) in the section heading, by inserting ``; treatment,
recovery, and workforce support grants'' after ``career act'';
(2) in subsection (b), by inserting ``each'' before ``for a
period'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``the rates
described in paragraph (2)'' and inserting ``the
average rates for calendar years 2018 through 2022
described in paragraph (2)''; and
(B) by amending paragraph (2) to read as follows:
``(2) Rates.--The rates described in this paragraph are the
following:
``(A) The highest age-adjusted average rates of
drug overdose deaths for calendar years 2018 through
2022 based on data from the Centers for Disease Control
and Prevention, including, if necessary, provisional
data for calendar year 2022.
``(B) The highest average rates of unemployment for
calendar years 2018 through 2022 based on data provided
by the Bureau of Labor Statistics.
``(C) The lowest average labor force participation
rates for calendar years 2018 through 2022 based on
data provided by the Bureau of Labor Statistics.'';
(4) in subsection (g)--
(A) in each of paragraphs (1) and (3), by
redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively, and adjusting the margins
accordingly;
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and
adjusting the margins accordingly;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``An entity'' and inserting
the following:
``(1) In general.--An entity''; and
(D) by adding at the end the following:
``(2) Transportation services.--An entity receiving a grant
under this section may use not more than 5 percent of the funds
for providing transportation for individuals to participate in
an activity supported by a grant under this section, which
transportation shall be to or from a place of work or a place
where the individual is receiving vocational education or job
training services or receiving services directly linked to
treatment of or recovery from a substance use disorder.
``(3) Limitation.--The Secretary may not require an entity
to, or give priority to an entity that plans to, use the funds
of a grant under this section for activities that are not
specified in this subsection.'';
(5) in subsection (i)(2), by inserting ``, which shall
include employment and earnings outcomes described in
subclauses (I) and (III) of section 116(b)(2)(A)(i) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i)) with respect to the participation of such
individuals with a substance use disorder in programs and
activities funded by the grant under this section'' after
``subsection (g)'';
(6) in subsection (j)--
(A) in paragraph (1), by inserting ``for grants
awarded prior to the date of enactment of the SUPPORT
for Patients and Communities Reauthorization Act of
2023'' after ``grant period under this section''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``2 years after submitting the
preliminary report required under paragraph
(1)'' and inserting ``September 30, 2028''; and
(ii) in subparagraph (A), by striking
``(g)(3)'' and inserting ``(g)(1)(C)''; and
(7) in subsection (k), by striking ``$5,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$12,000,000
for each of fiscal years 2024 through 2028''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the SUPPORT for Patients and Communities Act (Public Law 115-271; 132
Stat. 3894) is amended by striking the item relating to section 7183
and inserting the following:
``Sec. 7183. CAREER Act; treatment, recovery, and workforce support
grants.''.
SEC. 115. GRANTS TO IMPROVE TRAUMA SUPPORT SERVICES AND MENTAL HEALTH
CARE FOR CHILDREN AND YOUTH IN EDUCATIONAL SETTINGS.
Section 7134 of the SUPPORT for Patients and Communities Act (42
U.S.C. 280h-7) is amended--
(1) in subsection (c)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (8) as
paragraphs (2) through (7), respectively;
(C) in subparagraph (A) of paragraph (2), as so
redesignated, by striking ``, including through social
and emotional learning''; and
(D) in paragraph (3), as so redesignated, by
inserting ``, provided that the students' records are
owned and maintained by the school,'' after ``community
school'';
(2) in subsection (d)(4)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(C) parents and guardians will be informed of
what trauma support services and mental health care are
available to their students and what services and care
their students receive, and will receive updates on
their students' services and care; and
``(D) parents and guardians will have access to all
documents related to the trauma support services and
mental health care that their student receives.'';
(3) in subsection (f)(1), by inserting ``, including an
assessment of how parents or guardians of students are engaged
in the design of, and informed in the provision of, trauma
support services and mental health care in their student's
school'' before the semicolon; and
(4) in subsection (l), by striking ``2019 through 2023''
and inserting ``2024 through 2028''.
TITLE II--OTHER PROVISIONS
SEC. 201. DELIVERY OF A CONTROLLED SUBSTANCE BY A PHARMACY.
Section 309A(a) of the Controlled Substances Act (21 U.S.C.
829a(a)) is amended by striking paragraph (2) and inserting the
following:
``(2) the controlled substance is a drug in schedule III,
IV, or V and is--
``(A) to be administered for the purpose of
initiation, maintenance, or detoxification treatment;
or
``(B) subject to risk evaluation and mitigation
strategy pursuant to section 505-1 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355-1), which may
require the drug to be administered with post-
administration monitoring by a health care
professional;''.
SEC. 202. REGULATIONS RELATING TO A SPECIAL REGISTRATION FOR
TELEMEDICINE.
Not later than 1 year after the date of enactment of this Act, the
Attorney General, in consultation with the Secretary of Health and
Human Services, shall promulgate the final regulations required under
section 311(h)(2) of the Controlled Substances Act (21 U.S.C.
831(h)(2)).
SEC. 203. GUIDANCE ON AT-HOME DRUG DISPOSAL SYSTEMS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall publish
guidance to facilitate the use of at-home safe disposal systems for
applicable drugs, including for such at-home safe disposal systems that
the Secretary may require as a part of a risk evaluation and mitigation
strategy under section 505-1 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355-1).
(b) Contents.--The guidance under subsection (a) shall include--
(1) recommended standards for effective at-home drug
disposal systems to meet the public health or non-
retrievability standard;
(2) recommended information to include as instruction for
use to disseminate with at-home drug disposal systems;
(3) best practices and educational tools to support the use
of an at-home drug disposal system; and
(4) recommended use of licensed health providers for the
dissemination of education, instruction, and at-home drug
disposal systems.
(c) Updates.--The Secretary shall update the guidance under this
section not less frequently than every 5 years.
SEC. 204. REPORT ON AT-HOME DRUG DISPOSAL SYSTEMS.
(a) Study.--Not later than 60 days after the date of enactment of
this Act, the Secretary of Health and Human Services, in consultation
with the Administrator of the Drug Enforcement Administration, shall
enter into an agreement with the National Academies of Sciences,
Engineering, and Medicine to--
(1) convene a committee of experts to examine steps to
improve access to at-home drug disposal systems, including
reviewing--
(A) commercially available at-home drug disposal
systems;
(B) current State, local, and private programs
providing education and in-home drug disposal systems;
(C) academic studies and real world testing
regarding drug disposal system compliance,
effectiveness, and usage, and any challenges associated
with such systems; and
(D) any barriers to distribution of at-home drug
disposal systems; and
(2) issue an expert consensus report that sets forth best
practices for educational resources to inform distribution and
use of at-home drug disposal systems.
(b) Report.--Upon completion of the consensus report under
subsection (a)(2), the Health and Medicine Division of the National
Academies of Sciences, Engineering, and Medicine shall transmit a copy
of the report to--
(1) the Secretary of Health and Human Services;
(2) the Commissioner of Food and Drugs;
(3) the Administrator of the Drug Enforcement
Administration;
(4) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(5) the Committee on Energy and Commerce of the House of
Representatives.
SEC. 205. ENSURING STATE CHOICE IN PDMP SYSTEMS.
Section 399O(h) of the Public Health Service Act (42 U.S.C. 280g-
3(h)) is amended by adding the following:
``(5) Ensuring state choice.--Nothing in this section shall
be construed to--
``(A) direct, require or encourage a State to use a
specific interstate data sharing program;
``(B) limit or prohibit the discretion of a PDMP to
utilize interoperability connections of its choice;
``(C) permit, encourage, or otherwise condition
Federal financial assistance to States based upon the
use of open architecture, other than nationally
recognized, consensus-based standards, by PDMP systems
or contracted vendors; or
``(D) limit or prohibit the discretion of States to
utilize Federal financial assistance received under
this section to enter into arrangements with vendors of
their choice in order to carry out a program under this
section.''.
SEC. 206. MENTAL HEALTH PARITY.
(a) In General.--Not later than January 1, 2025, the Inspector
General of the Department of Labor, in coordination with the Inspector
General of the Department of Health and Human Services, shall report to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce and the Committee on Education
and the Workforce of the House of Representatives on the following:
(1) The non-quantitative treatment limit (referred to in
this section as ``NQTL'') requirements with respect to mental
health and substance use disorder benefits under group health
plans and health insurance issuers under section 2726(a)(8) of
the Public Health Service Act (42 U.S.C. 300gg-26(a)(8)),
section 712(a)(8) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185a(a)(8)), and section 9812(a)(8) of
the Internal Revenue Code of 1986 (referred to in this section
as the ``NQTL comparative analysis requirements''), and the
requirements for the Secretary of Health and Human Services,
the Secretary of Labor, and the Secretary of the Treasury to
issue regulations, a compliance program guide, and additional
guidance documents and tools providing guidance relating to
mental health parity requirements under section 2726(a) of the
Public Health Service Act (42 U.S.C. 300gg-26(a)), section
712(a) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1185a(a)), and section 9812(a) of the Internal
Revenue Code of 1986.
(2) With respect to the NQTL comparative analysis
requirements described in paragraph (1), an analysis of the
actions taken by the Secretary of Labor, the Secretary of the
Treasury, and the Secretary of Health and Human Services to
provide guidance to ensure that group health plans and health
insurance issuers can fully comply with mental health parity
requirements under section 2726 of the Public Health Service
Act (42 U.S.C. 300gg-26, section 712 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185a), and section 9812
of the Internal Revenue Code of 1986 and the NQTL comparative
analysis requirements described in paragraph (1), including an
analysis of--
(A) the extent to which the Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health
and Human Services have fulfilled the requirement under
section 203(b) of division BB of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) to issue
the specific guidance and regulations pertaining to the
requirements for group health plans and health
insurance issuers to demonstrate compliance with the
NQTL comparative analysis requirements; and
(B) whether sufficient guidance and examples from
the Department of Labor and Department of Health and
Human Services, and the Department of the Treasury
exist to guide and assist group health plans and health
insurance issuers in complying with the requirements to
demonstrate compliance with mental health parity NQTL
comparative analysis requirements/under such sections
2726(a)(8), 712(a)(8), and 9812(a)(8).
(3) A review of the enforcement processes of the Department
of Labor and the Department of Health and Human Services to
evaluate the consistency of interpretation of the requirements
under section 2726(a)(8) of the Public Health Service Act (42
U.S.C. 300gg-26(a)(8), section 712(a)(8) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1185a(a)(8)),
and section 9812(a)(8) of the Internal Revenue Code of 1986, in
particular with respect to processes utilized for enforcement,
actions or inactions that constitute noncompliance, and
avoidance among the agencies of duplication of enforcement,
including an evaluation of compliance with section 104 of the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191).
(4) A review of the implementation, by the Department of
Labor, Department of Health and Human Services, and Department
of the Treasury, of mental health parity requirements under
section 2726 of the Public Health Service Act (42 U.S.C. 300gg-
26), section 712 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1185a), and section 9812 of the Internal
Revenue Code of 1986, including all such requirements in effect
through the enactment of the Mental Health Parity Act of 1996
(Public Law 104-204), the Paul Wellstone and Pete Domenici
Mental Health Parity and Addiction Equity Act of 2008 (Public
Law 110-460), the 21st Century Cures Act (Public Law 114-255),
and the Consolidated Appropriations Act, 2023 (Public Law 117-
328) (including any amendments made by such Acts), and
including with respect to the timing of all actions, delays of
any actions, reasons for any such delays, mandated requirements
that were met only once but not each time such requirements
were mandated.
(b) Definitions.--In this section, the terms ``group health plan''
and ``health insurance issuer'' have the meanings given such terms in
section 733 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1191b).
SEC. 207. STATE GUIDANCE ON COVERAGE FOR INDIVIDUALS WITH SERIOUS
MENTAL ILLNESS AND CHILDREN WITH SERIOUS EMOTIONAL
DISTURBANCE.
(a) Review of Use of Certain Funding.--Not later than 1 year after
the date of enactment of this Act, the Secretary of Health and Human
Services, acting through the Assistant Secretary for Mental Health and
Substance Use, shall conduct a review of the use by States of funds
made available under the Community Mental Health Services Block Grant
program under subpart I of part B of title XIX of the Public Health
Service Act (42 U.S.C. 300x et seq.) for First Episode Psychosis
activities. Such review shall consider the following:
(1) How the States use funds for evidence-based treatments
and services, such as coordinated specialty care, according to
the standard of care for individuals with early serious mental
illness, including the comprehensiveness of such treatments to
include all aspects of the recommended intervention.
(2) How State mental health departments are coordinating
with State Medicaid departments in the delivery of the
treatments and services described in paragraph (1).
(3) What percentage of the State funding under the block
grant program is being applied toward First Episode Psychosis
in excess of 10 percent of the amount of the grant, as broken
down on a State-by-State basis. The review shall also identify
any States that fail to expend the required 10 percent of block
grant funds on activities relating to early serious mental
illness, including First Episode Psychosis.
(4) How many individuals are served by the expenditures
described in paragraph (3), broken down on a per-capita basis.
(5) How the funds are used to reach individuals in
underserved populations, including individuals in rural areas
and individuals from minority groups.
(b) Report and Guidance.--
(1) Report.--Not later than 6 months after the completion
of the review under subsection (a), the Secretary of Health and
Human Services, acting through the Assistant Secretary for
Mental Health and Substance Use, shall submit to the Committee
on Appropriations, the Committee on Health, Education, Labor,
and Pensions, and the Committee on Finance of the Senate and to
the Committee on Appropriations and the Committee on Energy and
Commerce of the House of Representatives a report on the
findings made as a result of the review conducted under
subsection (a). Such report shall include any recommendations
with respect to any changes to the Community Mental Health
Services Block Grant program, including the set aside required
for First Episode Psychosis, that would facilitate improved
outcomes for the targeted population involved.
(2) Guidance.--Not later than 1 year after the date on
which the report is submitted under paragraph (1), the
Secretary of Health and Human Services, acting through the
Assistant Secretary for Mental Health and Substance Use, shall
update the guidance provided to States under the Community
Mental Health Services Block Grant program based on the
findings and recommendations of the report.
(c) Additional Guidance.--The Director of the National Institute of
Mental Health shall coordinate with the Assistant Secretary for Mental
Health and Substance Use in providing guidance to State grantees and
provider subgrantees about research advances in the delivery of
services for First Episode Psychosis under the Community Mental Health
Services Block Grant program.
(d) Guidance for States Relating to Coverage Recommendations of
Health Care Services and Interventions for Individuals With Serious
Mental Illness and Children With Serious Emotional Disturbance.--Not
later than 2 years after the date of enactment of this Act, the
Administrator of the Centers for Medicare & Medicaid Services, jointly
with the Assistant Secretary for Mental Health and Substance Use and
the Director of the National Institute of Mental Health--
(1) shall provide updated guidance to States concerning--
(A) coverage recommendations relating to evidence-
based health care services, such as coordinated
specialty care, and interventions for individuals with
early serious mental illness, including First Episode
Psychosis; and
(B) the manner in which Federal funding provided to
States through programs administered by such agencies,
including the Community Mental Health Services Block
Grant program under subpart I of part B of title XIX of
the Public Health Service Act (42 U.S.C. 300x et seq.),
may be coordinated to support individuals with serious
mental illness and serious emotional disturbance; and
(2) may streamline relevant State reporting requirements if
such streamlining would result in making it easier for States
to coordinate funding under the programs described in paragraph
(1)(B) to improve treatments for individuals with serious
mental illness and serious emotional disturbance.
SEC. 208. COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT SERVICE
PROVIDERS.
Subpart I of part B of title XIX of the Public Health Service Act
is amended--
(1) in section 1913(b)(1) (42 U.S.C. 300x-2(b)(1)), by
inserting ``, and which may include, at the discretion of the
State, appropriate programs operated by for-profit entities''
after ``consumer-directed programs''; and
(2) in section 1916(a)(5) (42 U.S.C. 300x-5(a)(5)), by
inserting ``, or a for-profit entity selected by a State
pursuant to section 1913(b)(1)'' before the period at the end.
SEC. 209. REPORTS AND STUDIES ON MEDICATION TREATMENTS FOR OPIOID USE
DISORDER.
(a) NIH Report to Congress on Methadone Treatment.--Not later than
2 years after the date of enactment of this Act, the Director of the
National Institutes of Health shall--
(1) submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on ongoing
and new clinical studies conducted or funded by the National
Institutes of Health on the access to, safety of, and efficacy
of methadone treatment for opioid use disorder in accredited
and certified opioid treatment programs and in other programs
or settings; and
(2) brief the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives on--
(A) interim results from the studies described in
paragraph (1); and
(B) any barriers that may prevent adequate and
timely enrollment of patients in any new clinical study
described in paragraph (1).
(b) Study on Medication Treatments for Opioid Use Disorders.--The
Secretary of Health and Human Services, acting through the Assistant
Secretary for Mental Health and Substance Use, shall--
(1) study--
(A) the early impact on access to medication
treatment for opioid use disorder and opioid-related
overdose deaths through buprenorphine prescribing
pursuant to section 303(g) of the Controlled Substances
Act (21 U.S.C. 823(g)), as amended by section 1262 of
title I of division FF of the Mental Health and Well-
Being Act of 2022;
(B) the prevalence of patients with opioid use
disorder, in each Substate region, as defined by the
National Survey on Drug Use and Health of the Substance
Abuse and Mental Health Services Administration; and
(C) a survey of retail pharmacies nationwide,
disaggregated by State, to determine which pharmacies
serve as methadone dispensing units for opioid
treatment programs; and
(2) submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives--
(A) not later than 3 years after the date of
enactment of this Act, an initial report on the study
under paragraph (1); and
(B) not later than 4 years after the date of
enactment of this Act, a final report on the study
under paragraph (1).
SEC. 210. FASD RESPECT ACT.
(a) In General.--Part O of title III of the Public Health Service
Act (42 U.S.C. 280f et seq.) is amended--
(1) by amending the part heading to read as follows:
``fetal alcohol spectrum disorders prevention and services
program'';
(2) in section 399H (42 U.S.C. 280f)--
(A) in the section heading, by striking
``establishment of fetal alcohol syndrome prevention''
and inserting ``fetal alcohol spectrum disorders
prevention, intervention,'';
(B) by striking ``Fetal Alcohol Syndrome and Fetal
Alcohol Effect'' each place it appears and inserting
``FASD'';
(C) in subsection (a)--
(i) by amending the heading to read as
follows: ``In General'';
(ii) in the matter preceding paragraph
(1)--
(I) by inserting ``or continue
activities to support'' after ``shall
establish'';
(II) by striking ``FASD'' (as
amended by subparagraph (B)) and
inserting ``fetal alcohol spectrum
disorders (referred to in this section
as `FASD')'';
(III) by striking ``prevention,
intervention'' and inserting
``awareness, prevention,
identification, intervention,''; and
(IV) by striking ``that shall'' and
inserting ``, which may'';
(iii) in paragraph (1)--
(I) in subparagraph (A)--
(aa) by striking ``medical
schools'' and inserting
``health professions schools'';
and
(bb) by inserting
``infants,'' after ``provision
of services for''; and
(II) in subparagraph (D), by
striking ``medical and mental'' and
inserting ``agencies providing'';
(iv) in paragraph (2)--
(I) in the matter preceding
subparagraph (A), by striking ``a
prevention and diagnosis program to
support clinical studies,
demonstrations and other research as
appropriate'' and inserting
``supporting and conducting research on
FASD, as appropriate, including''; and
(II) in subparagraph (B)--
(aa) by striking
``prevention services and
interventions for pregnant,
alcohol-dependent women'' and
inserting ``culturally and
linguistically informed
evidence-based or practice-
based interventions and
appropriate societal supports
for preventing prenatal alcohol
exposure, which may co-occur
with exposure to other
substances''; and
(bb) by striking ``; and''
and inserting a semicolon;
(v) by striking paragraph (3) and inserting
the following:
``(3) integrating into surveillance practice an evidence-
based standard case definition for fetal alcohol spectrum
disorders and, in collaboration with other Federal and outside
partners, support organizations of appropriate medical and
mental health professionals in their development and refinement
of evidence-based clinical diagnostic guidelines and criteria
for all fetal alcohol spectrum disorders; and
``(4) building State and Tribal capacity for the
identification, treatment, and support of individuals with FASD
and their families, which may include--
``(A) utilizing and adapting existing Federal,
State, or Tribal programs to include FASD
identification and FASD-informed support;
``(B) developing and expanding screening and
diagnostic capacity for FASD;
``(C) developing, implementing, and evaluating
targeted FASD-informed intervention programs for FASD;
``(D) increasing awareness of FASD;
``(E) providing training with respect to FASD for
professionals across relevant sectors; and
``(F) disseminating information about FASD and
support services to affected individuals and their
families.'';
(D) in subsection (b)--
(i) by striking ``described in section
399I'';
(ii) by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(iii) by adding at the end the following:
``(2) Eligible entities.--To be eligible to receive a
grant, or enter into a cooperative agreement or contract, under
this section, an entity shall--
``(A) be a State, Indian Tribe or Tribal
organization, local government, scientific or academic
institution, or nonprofit organization; and
``(B) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require, including a description of the activities that
the entity intends to carry out using amounts received
under this section.
``(3) Additional application contents.--The Secretary may
require that an entity using amounts from a grant, cooperative
agreement, or contract under this section for an activity under
subsection (a)(4) include in the application for such amounts
submitted under paragraph (2)(B)--
``(A) a designation of an individual to serve as a
FASD State or Tribal coordinator of such activity; and
``(B) a description of an advisory committee the
entity will establish to provide guidance for the
entity on developing and implementing a statewide or
Tribal strategic plan to prevent FASD and provide for
the identification, treatment, and support of
individuals with FASD and their families.'';
(E) by striking subsections (c) and (d); and
(F) by adding at the end the following:
``(c) Definition of FASD-Informed.--For purposes of this section,
the term `FASD-informed', with respect to support or an intervention
program, means that such support or intervention program uses
culturally and linguistically informed evidence-based or practice-based
interventions and appropriate societal supports to support an improved
quality of life for an individual with FASD and the family of such
individual.''; and
(3) by striking sections 399I, 399J, and 399K (42 U.S.C.
280f-1, 280f-2, 280f-3) and inserting the following:
``SEC. 399I. FETAL ALCOHOL SPECTRUM DISORDERS CENTERS FOR EXCELLENCE.
``(a) In General.--The Secretary shall, as appropriate, award
grants, cooperative agreements, or contracts to public or nonprofit
entities with demonstrated expertise in the prevention of,
identification of, and intervention services with respect to, fetal
alcohol spectrum disorders (referred to in this section as `FASD') and
other related adverse conditions. Such awards shall be for the purposes
of establishing Fetal Alcohol Spectrum Disorders Centers for Excellence
to build local, Tribal, State, and national capacities to prevent the
occurrence of FASD and other related adverse conditions, and to respond
to the needs of individuals with FASD and their families by carrying
out the programs described in subsection (b).
``(b) Programs.--An entity receiving an award under subsection (a)
may use such award for the following purposes:
``(1) Initiating or expanding diagnostic capacity for FASD
by increasing screening, assessment, identification, and
diagnosis.
``(2) Developing and supporting public awareness and
outreach activities, including the use of a range of media and
public outreach, to raise public awareness of the risks
associated with alcohol consumption during pregnancy, with the
goals of reducing the prevalence of FASD and improving the
developmental, health (including mental health), and
educational outcomes of individuals with FASD and supporting
families caring for individuals with FASD.
``(3) Acting as a clearinghouse for evidence-based
resources on FASD prevention, identification, and culturally
and linguistically informed best practices, including the
maintenance of a national data-based directory on FASD-specific
services in States, Indian Tribes, and local communities, and
disseminating ongoing research and developing resources on FASD
to help inform systems of care for individuals with FASD across
their lifespan.
``(4) Increasing awareness and understanding of
efficacious, evidence-based alcohol and other substance
screening tools to prevent FASD and culturally and
linguistically appropriate evidence-based intervention services
and best practices, which may include by conducting national,
regional, State, Tribal, or peer cross-State webinars,
workshops, or conferences for training community leaders,
medical and mental health and substance use disorder
professionals, education and disability professionals,
families, law enforcement personnel, judges, individuals
working in financial assistance programs, social service
personnel, child welfare professionals, and other service
providers.
``(5) Improving capacity for State, Tribal, and local
affiliates dedicated to FASD awareness, prevention, and
identification and family and individual support programs and
services.
``(6) Providing technical assistance to grantees under
section 399H, as appropriate.
``(7) Carrying out other functions, as appropriate.
``(c) Application.--To be eligible for a grant, contract, or
cooperative agreement under this section, an entity shall submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.
``(d) Subcontracting.--A public or private nonprofit entity may
carry out the following activities required under this section through
contracts or cooperative agreements with other public and private
nonprofit entities with demonstrated expertise in FASD:
``(1) Prevention activities.
``(2) Screening and identification.
``(3) Resource development and dissemination, training and
technical assistance, administration, and support of FASD
partner networks.
``(4) Intervention services.
``SEC. 399J. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2024 through
2028.''.
(b) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report on the efforts of the Department of Health and
Human Services to advance public awareness on, and facilitate the
identification of best practices related to, fetal alcohol spectrum
disorders identification, prevention, treatment, and support.
(c) Technical Amendment.--Section 519D of the Public Health Service
Act (42 U.S.C. 290bb-25d) is repealed.
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