TITLE II-COMMUNITY MENTAL HEALTH CENTERS 1 PART A-PLANNING AND OPERATIONS ASSISTANCE REQUIREMENTS FOR COMMUNITY MENTAL HEALTH CENTERS SEC. 201. [2689] (a) For purposes of this title (other than part B thereof), the term "community mental health center" means a legal entity (1) through which comprehensive mental health services are provided (A) principally to individuals residing in a defined geographic area (referred to in this title as a "catchment area"), (B) within the limits of its capacity, to any individual residing or employed in such area regardless of his ability to pay for such services, his current or past health condition, or any other factor, and (C) in the manner prescribed by subsection (b), and (2) which is organized in the manner prescribed by subsections (c) and (d). (b)(1) The comprehensive mental health services which shall be provided through a community mental health center are as follows: (A) Beginning on the date the community mental health center is established for purposes of this title, the services provided through the center shall include (i) inpatient services, emergency services, and outpatient services; (ii) assistance to courts and other public agencies in screening residents of the center's catchment area who are being considered for referral to a State mental health facility for inpatient treatment to determine if they should be so referred and provision, where appropriate, of treatment for such persons through the center as an alternative to inpatient treatment at such a facility; (iii) provision to followup care for residents of its catchment area who have been discharged from inpatient treatment at a mental health facility; (iv) consultation and education services which (I) are for a wide range of individuals and entities involved with mental health services, including health professionals, schools, courts, State and local law enforcement and correctional agencies, members of the clergy, public welfare agencies, health services delivery agencies, and other appropriate entities; and (II) include a wide range of activities (other than the provision of direct clinical services) designed to develop effective mental health programs in the center's catchment area, promote the coordination of the provision of mental health services among various entities serving the center's catchment area, increase the 'Title II of the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (P.L. 88-164). awareness of the residents of the center's catchment area of the nature of mental health problems and the types of mental health services available, and promote the prevention and control of rape and the proper treatment of the victims of rape; and (v) the services described in subparagraph (B) or, in lieu of such services, providing a plan approved by the Secretary under which the center will, during the three-year period beginning on such establishment date, assume in increments the provision of the services described in subparagraph (B) and will upon the expiration of such three-year period provide all the services described in subparagraph (B). (B) After the expiration of such three-year period, a community mental health center shall provide, in addition to the services required by subparagraph (A), services which include— (i) day care and other partial hospitalization services; (ii) a program of specialized services for the mental health of children, including a full range of diagnostic, treatment, liaison, and followup services (as prescribed by the Secretary); (iii) a program of specialized services for the mental health of the elderly, including a full range of diagnostic, treatment, liaison, and followup services (as prescribed by the Secretary); (iv) a program of transitional half-way house services for mentally ill individuals who are residents of its catchment area and who have been discharged from inpatient treatment in a mental health facility or would without such services require inpatient treatment in such a facility; and (v) provision of each of the following service programs (other than a service program for which there is not sufficient need (as determined by the Secretary) in the center's catchment area, or the need for which in the center's catchment area the Secretary determines is currently being met): (1) A program for the prevention and treatment of alcoholism and alcohol abuse and for the rehabilitation of alcohol abusers and alcoholics. (II) A program for the prevention and treatment of drug addiction and abuse and for the rehabilitation of drug addicts, drug abusers, and other persons with drug dependency problems. (2) The provision of comprehensive mental health services through a center shall be coordinated with the provision of services by other health and social service agencies (including State mental health facilities) in or serving residents of the center's catchment area to insure that persons receiving services through the center have access to all such health and social services as they may require. The center's services (A) may be provided at the center or satellite centers through the staff of the center or through appropriate arrangements with health professionals and others in the center's catchment area, or, with the approval of the Secretary, in the case of inpatient services, emergency services, and transitional half-way house services, through appropriate arrangements with health professionals and others serving the residents of the catchment area, (B) shall be available and accessible to the residents of the area promptly, as appropriate, and in a manner which preserves human dignity and assures continuity and high quality care and which overcomes geographic, cultural, linguistic, and economic barriers to the receipt of services, and (C) when medically necessary, shall be available and accessible twenty-four hours a day and seven days a week. (c)(1)(A) Except as provided in subparagraph (B), the governing board of a community mental health center shall (i) be composed, where practicable, of individuals who reside in the center's catchment area and who, as a group, represent the residents of that area taking into consideration their employment, age, sex, and place of residence, and other demographic characteristics of the area, and (ii) meet at least once a month, establish general policies for the center (including a schedule of hours during which services will be provided), approve the center's annual budget, and approve the selection of a director for the center. At least one-half of the members of such body shall be individuals who are not providers of health care. (B) In the case of a community mental health center which is operated by a governmental agency or a hospital, such center may, in lieu of meeting the requirements of subparagraph (A), appoint a committee which advises it with respect to the operations of the center and which is composed of individuals who reside in the center's catchment area, who are representative of the residents of the area as to employment, age, sex, place of residence, and other demographic characteristics, and at least one-half of whom are not providers of health care. (2) For purposes of subparagraphs (A) and (B) of paragraph (1), the term "provider of health care' means an individual— (A) who is a direct provider of health care (including a physician, dentist, nurse, podiatrist, or physician assistant) in that (i) the individual's primary current activity is the provision of health care to individuals or the administration of facilities or institutions (including hospitals, long-term care facilities, outpatient facilities, and health maintenance organizations) in which such care is provided, and (ii) when required by State law, the individual has received professional training in the provision of such care or in such administration and is licensed or certified for such provision or administration; or (B) who is an indirect provider of health care in that the individual (i) holds a fiduciary position with, or has a fiduciary interest in, any entity described in subclause (II) or (IV) of clause (ii); (ii) receives (either directly or through his spouse) more than one-tenth of his gross annual income from any one or combination of the following: (I) Fees or other compensation for research into or instruction in the provision of health care. (II) Entities engaged in the provision of health care or in such research or instruction. (III) Producing or supplying drugs or other articles for individuals or entities for use in the provision of, |