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MENTAL HEALTH SYSTEMS ACT

MENTAL HEALTH SYSTEMS ACT

(References in black brackets [] are to title 42, United States Code)

AN ACT To improve the provision of mental health services and otherwise promote mental health throughout the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE AND TABLE OF CONTENTS

SECTION 1. This Act may be cited as the "Mental Health Systems Act".

TABLE OF CONTENTS

Sec. 1. Short title and table of contents.

Sec. 2. Findings.

TITLE I-GENERAL PROVISIONS

PART A-DEFINITIONS

Sec. 101. Definition of community mental health center.
Sec. 102. Other definitions.

PART B-STATE ADMINISTRATIVE RESPONSIBILITIES

Sec. 105. State mental health authority.

Sec. 106. Mental health service areas.

Sec. 107. Allotments to States to improve the administration of State mental health programs.

TITLE II-GRANT PROGRAMS

Sec. 201. Grants for community mental health centers.

Sec. 202. Grants for services for chronically mentally ill individuals.

Sec. 203. Grants for services for severely mentally disturbed children and adolescents.

Sec. 204. Grants for mental health services for elderly individuals and other prior

ity populations.

Sec. 205. Grants for non-revenue-producing services.

Sec. 206. Grants for mental health services in health care centers.

Sec. 207. Grants and contracts for innovative projects.

Sec. 208. Grants for the prevention of mental illness and the promotion of mental health.

TITLE III-GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

PART A-STATE MENTAL HEALTH SERVICE PROGRAMS

Sec. 301. State mental health services programs.

Sec. 302. Contents of programs.

Sec. 303. Mental health provisions of State health plans.

PART B-APPLICATIONS AND RELATED PROVISIONS

Sec. 305. State administration.

Sec. 306. Processing of applications by State mental health authorities.
Sec. 307. Applications.

Sec. 308. Indian tribes and organizations.

Sec. 309. Procedures.

[blocks in formation]

Sec. 325. National Institute of Mental Health Prevention Unit.

Sec. 326. Technical assistance.

Sec. 327. Indirect provision of services.

Sec. 328. Cooperative agreements.

TITLE IV-ASSOCIATE DIRECTOR FOR MINORITY CONCERNS

Sec. 401. Associate Director for Minority Concerns.

TITLE V-MENTAL HEALTH RIGHTS AND ADVOCACY

Sec. 501. Bill of rights.

Sec. 502. Grants for protection and advocacy programs.

TITLE VI-RAPE PREVENTION AND CONTROL

Sec. 601. Rape prevention and control.

Sec. 602. Grants for services for rape victims.

TITLE VII-EXTENSION OF COMMUNITY MENTAL HEALTH CENTERS ACT

Sec. 701. One-year extension of Community Mental Health Centers Act.

TITLE VIII-MISCELLANEOUS

Sec. 801. Employee protection.

Sec. 802. Report on shelter and basic living needs of chronically mentally ill individuals.

Sec. 803. Obligated service for mental health traineeships.

Sec. 804. Conforming amendments.

Sec. 805. Special pay for Public Health Service physicians and dentists.
Sec. 806. Contract authority.

TITLE IX-MECHANIZED CLAIMS PROCESSING AND INFORMATION
RETRIEVAL SYSTEMS

Sec. 901. Mechanized claims processing and information retrieval systems.

FINDINGS

SEC. 2. [9401] The Congress finds

(1) despite the significant progress that has been made in making community mental health services available and in improving residential mental health facilities since the original community mental health centers legislation was enacted in 1963, unserved and underserved populations remain and there are certain groups in the population, such as chronically mentally ill individuals, children and youth, elderly individuals, racial and ethnic minorities, women, poor persons, and persons in rural areas, which often lack access to adequate private and public mental health services and support services;

(2) the process of transferring or diverting chronically mentally ill individuals from unwarranted or inappropriate institutionalized settings to their home communities has frequently not been accompanied by a process of providing those individ

uals with the mental health and support services they need in community-based settings;

(3) the shift in emphasis from institutional care to community-based care has not always been accompanied by a process of affording training, retraining, and job placement for employees affected by institutional closure and conversion;

(4) the delivery of mental health and support services is typically uncoordinated within and among local, State, and Federal entities;

(5) mentally ill persons are often inadequately served by (A) programs of the Department of Health and Human Services such as medicare, medicaid, supplemental security income, and social services, and (B) programs of the Department of Housing and Urban Development, the Department of Labor, and other Federal agencies;

(6) health care systems often lack general health care personnel with adequate mental health care training and often lack mental health care personnel and consequently many individuals with some level of mental disorder do not receive appropriate mental health care;

(7) present knowledge of methods to prevent mental illness through discovery and elimination of its causes and through early detection and treatment is too limited;

(8) a comprehensive and coordinated array of appropriate private and public mental health and support services for all people in need within specific geographic areas, based upon a cooperative local-State-Federal partnership, remains the most effective and humane way to provide a majority of mentally ill individuals with mental health care and needed support; and (9) because of the rising demand for mental health services and the wide disparity in the distribution of psychiatrists, clinical psychologists, social workers, and psychiatric nurses, there is a shortage in the medical specialty of psychiatry and there are also shortages among the other health personnel who provide mental health services.

TITLE I-GENERAL PROVISIONS

PART A-DEFINITIONS

DEFINITION OF COMMUNITY MENTAL HEALTH CENTER

SEC. 101. [9411] (a) For purposes of this Act, 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 mental health service area, with special attention to those who are chronically mentally ill,

(B) within the limits of its capacity, to any individual residing or employed in such area regardless of ability to pay for such services, 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).

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