IB 
Union Calendar No. 517 
114TH CONGRESS 
2D SESSION 
H. R. 2646 
[Report No. 114–667, Part I] 
To make available needed psychiatric, psychological, and supportive services 
for individuals with mental illness and families in mental health crisis, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 4, 2015 
Mr. MURPHY of Pennsylvania (for himself, Ms. EDDIE BERNICE JOHNSON of 
Texas, Mr. BUCHANAN, Mr. DIAZ-BALART, Mr. BILIRAKIS, Mr. DOLD, 
Mr. GUINTA, Mrs. MIMI WALTERS of California, Mr. BRENDAN F. 
BOYLE of Pennsylvania, Mrs. ELLMERS of North Carolina, Mr. DENHAM, 
Mr. VARGAS, Mrs. MILLER of Michigan, Mr. HASTINGS, Mr. CALVERT, 
Mr. NUNES, Mr. HUNTER, Mr. BLUMENAUER, and Ms. SINEMA) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce, and in addition to the Committees on Ways and Means 
and Education and the Workforce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
JULY 6, 2016 
Additional sponsors: Mr. HUDSON, Mr. CONNOLLY, Mr. KATKO, Mr. MCKIN-
LEY, Mr. HINOJOSA, Mr. CRAMER, Mr. FORTENBERRY, Mr. GUTHRIE, 
Mr. DUNCAN of Tennessee, Mr. LANCE, Mr. RANGEL, Mr. WENSTRUP, 
Mr. WHITFIELD, Mr. BARR, Mr. TROTT, Mr. WEBSTER of Florida, Mr. 
CARTER of Georgia, Mr. HANNA, Mrs. BLACKBURN, Mr. AMODEI, Mr. 
CRAWFORD, Mr. WILSON
of South Carolina, Ms. MCSALLY, Mr. 
JEFFRIES, Ms. BASS, Mr. RUSH, Mr. ROE of Tennessee, Mr. PETERSON, 
Mr. BARLETTA, Mr. WALZ, Mr. THOMPSON of Mississippi, Ms. BROWN 
of Florida, Mr. JOYCE, Mr. LOWENTHAL, Mr. MULLIN, Mr. BERA, Mr. 
LAMALFA, Mr. COLLINS of New York, Mrs. BLACK, Mr. FLEISCHMANN, 
Mr. MICHAEL F. DOYLE of Pennsylvania, Ms. KAPTUR, Mr. OLSON, Mr. 
CARTER of Texas, Mr. CUELLAR, Mr. ROSKAM, Mr. BUCSHON, Mrs. 
BROOKS of Indiana, Mr. DUFFY, Mr. SENSENBRENNER, Mr. THOMPSON 
of Pennsylvania, Mr. JOHNSON of Ohio, Mr. FRANKS of Arizona, Ms. 
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JUDY CHU of California, Mrs. LAWRENCE, Mr. GIBSON, Ms. PLASKETT, 
Mr. NOLAN, Mr. SALMON, Mr. COFFMAN, Mr. PAULSEN, Mr. KELLY of 
Pennsylvania, Mr. SHUSTER, Mr. COSTELLO
of Pennsylvania, Mr. 
FITZPATRICK, Mr. DENT, Mr. BENISHEK, Ms. TITUS, Mrs. ROBY, Mr. 
MESSER, Mr. TURNER, Mr. BOUSTANY, Mrs. NOEM, Mrs. LUMMIS, Mrs. 
HARTZLER, Mr. MICA, Mr. COLE, Mr. LUCAS, Mr. KINZINGER of Illinois, 
Mr. HARRIS, Mr. STIVERS, Mr. SMITH of New Jersey, Mr. ROTHFUS, 
Mrs. WALORSKI, Mr. HECK of Washington, Mr. TED LIEU of California, 
Mr. PETERS, Mr. BISHOP of Michigan, Mr. BYRNE, Mr. O’ROURKE, Mr. 
RODNEY DAVIS of Illinois, Mr. QUIGLEY, Ms. ESHOO, Mr. REED, Mr. 
HUIZENGA of Michigan, Mr. SWALWELL of California, Ms. LEE, Mrs. 
COMSTOCK, Mr. LONG, Mr. DESAULNIER, Ms. NORTON, Ms. BONAMICI, 
Ms. HERRERA BEUTLER, Mr. CURBELO of Florida, Mr. REICHERT, Mr. 
MCHENRY, Mr. PIERLUISI, Mr. SESSIONS, Mr. SCALISE, Mr. ISRAEL, 
Mr. TOM PRICE of Georgia, Mr. FINCHER, Ms. STEFANIK, Mr. CREN-
SHAW, Mr. CHABOT, Mr. SCHWEIKERT, Mr. KING of New York, Mr. 
ROUZER, Mr. ASHFORD, Mr. SIMPSON, Mr. STEWART, Mr. ROYCE, Mr. 
DEFAZIO, Mr. HILL, Mr. ZINKE, Mr. FATTAH, Mr. POMPEO, Mr. WAL-
DEN, Mr. HARPER, Mr. MEEKS, Mr. GRAVES of Missouri, Ms. ROS- 
LEHTINEN, Mr. YOUNG of Iowa, Mr. MEEHAN, Mr. JOLLY, Mr. SHIM-
KUS, Mr. DEUTCH, Mr. LUETKEMEYER, Mr. COHEN, Mr. GOODLATTE, 
Mr. ABRAHAM, Mr. EMMER of Minnesota, Mr. ROONEY of Florida, Ms. 
SPEIER, Mr. AUSTIN SCOTT of Georgia, Mr. LOBIONDO, Mr. PALAZZO, 
Mr. HURT of Virginia, Mr. BRADY of Pennsylvania, Mr. LAHOOD, Mr. 
ROSS, Mr. RIBBLE, Mr. FRELINGHUYSEN, Ms. MCCOLLUM, Mr. YOUNG 
of Indiana, Mr. TIPTON, Mr. PERRY, Mr. PITTENGER, Mr. RIGELL, Mr. 
MCDERMOTT, Mr. COOK, Mr. MARINO, Mr. POLIQUIN, Mr. ZELDIN, Mr. 
COOPER, Mr. RICE of South Carolina, Mr. DONOVAN, Mr. CARTWRIGHT, 
Mr. BOST, Mr. YOUNG of Alaska, Ms. VELA´ZQUEZ, Mr. KNIGHT, Mr. 
FARR, Mr. MOOLENAAR, Ms. GRANGER, Mr. VALADAO, Mr. THOMPSON 
of California, Mr. BISHOP of Georgia, Mr. GRAYSON, Mr. KLINE, Ms. 
HAHN, Mr. GRAVES of Louisiana, Mr. CHAFFETZ, Ms. JENKINS of Kan-
sas, Ms. KUSTER, Mr. WILLIAMS, Mr. RICHMOND, Mr. HARDY, and Mr. 
NORCROSS 
JULY 6, 2016 
Deleted sponsors: Mr. DESANTIS (added July 21, 2015; deleted July 22, 
2015), Mrs. BEATTY (added July 21, 2015; deleted July 22, 2015), Ms. 
LOFGREN (added July 21, 2015; deleted July 22, 2015), and Mr. YODER 
(added October 7, 2015; deleted November 30, 2015). 
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JULY 6, 2016 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 6, 2016 
The Committees on Ways and Means and Education and the Workforce dis-
charged; committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on June 4, 2016] 
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A BILL 
To make available needed psychiatric, psychological, and sup-
portive services for individuals with mental illness and 
families in mental health crisis, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 
‘‘Helping Families in Mental Health Crisis Act of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ASSISTANT SECRETARY FOR MENTAL HEALTH AND 
SUBSTANCE USE 
Sec. 101. Assistant Secretary for Mental Health and Substance Use. 
Sec. 102. Improving oversight of mental health and substance use programs. 
Sec. 103. National Mental Health and Substance Use Policy Laboratory. 
Sec. 104. Peer-support specialist programs. 
Sec. 105. Prohibition against lobbying using Federal funds by systems accepting 
Federal funds to protect and advocate the rights of individuals 
with mental illness. 
Sec. 106. Reporting for protection and advocacy organizations. 
Sec. 107. Grievance procedure. 
Sec. 108. Center for Behavioral Health Statistics and Quality. 
Sec. 109. Strategic plan. 
Sec. 110. Authorities of centers for mental health services and substance abuse 
treatment. 
Sec. 111. Advisory councils. 
Sec. 112. Peer review. 
TITLE II—MEDICAID MENTAL HEALTH COVERAGE 
Sec. 201. Rule of construction related to Medicaid coverage of mental health serv-
ices and primary care services furnished on the same day. 
Sec. 202. Optional limited coverage of inpatient services furnished in institutions 
for mental diseases. 
Sec. 203. Study and report related to Medicaid managed care regulation. 
Sec. 204. Guidance on opportunities for innovation. 
Sec. 205. Study and report on Medicaid emergency psychiatric demonstration 
project. 
Sec. 206. Providing full-range of EPSDT services to children in IMDs. 
Sec. 207. Electronic visit verification system required for personal care services 
and home health care services under Medicaid. 
TITLE III—INTERDEPARTMENTAL SERIOUS MENTAL ILLNESS 
COORDINATING COMMITTEE 
Sec. 301. Interdepartmental Serious Mental Illness Coordinating Committee. 
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TITLE IV—COMPASSIONATE COMMUNICATION ON HIPAA 
Sec. 401. Sense of Congress. 
Sec. 402. Confidentiality of records. 
Sec. 403. Clarification of circumstances under which disclosure of protected health 
information is permitted. 
Sec. 404. Development and dissemination of model training programs. 
TITLE V—INCREASING ACCESS TO TREATMENT FOR SERIOUS 
MENTAL ILLNESS 
Sec. 501. Assertive community treatment grant program for individuals with se-
rious mental illness. 
Sec. 502. Strengthening community crisis response systems. 
Sec. 503. Increased and extended funding for assisted outpatient grant program 
for individuals with serious mental illness. 
Sec. 504. Liability protections for health professional volunteers at community 
health centers. 
TITLE VI—SUPPORTING INNOVATIVE AND EVIDENCE-BASED 
PROGRAMS 
Subtitle A—Encouraging the Advancement, Incorporation, and Development of 
Evidence-Based Practices 
Sec. 601. Encouraging innovation and evidence-based programs. 
Sec. 602. Promoting access to information on evidence-based programs and prac-
tices. 
Sec. 603. Sense of Congress. 
Subtitle B—Supporting the State Response to Mental Health Needs 
Sec. 611. Community Mental Health Services Block Grant. 
Subtitle C—Strengthening Mental Health Care for Children and Adolescents 
Sec. 621. Telehealth child psychiatry access grants. 
Sec. 622. Infant and early childhood mental health promotion, intervention, and 
treatment. 
Sec. 623. National Child Traumatic Stress Initiative. 
TITLE VII—GRANT PROGRAMS AND PROGRAM REAUTHORIZATION 
Subtitle A—Garrett Lee Smith Memorial Act Reauthorization 
Sec. 701. Youth interagency research, training, and technical assistance centers. 
Sec. 702. Youth suicide early intervention and prevention strategies. 
Sec. 703. Mental health and substance use disorder services on campus. 
Subtitle B—Other Provisions 
Sec. 711. National Suicide Prevention Lifeline Program. 
Sec. 712. Workforce development studies and reports. 
Sec. 713. Minority Fellowship Program. 
Sec. 714. Center and program repeals. 
Sec. 715. National violent death reporting system. 
Sec. 716. Sense of Congress on prioritizing Native American youth and suicide 
prevention programs. 
Sec. 717. Peer professional workforce development grant program. 
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Sec. 718. National Health Service Corps. 
Sec. 719. Adult suicide prevention. 
Sec. 720. Crisis intervention grants for police officers and first responders. 
Sec. 721. Demonstration grant program to train health service psychologists in 
community-based mental health. 
Sec. 722. Investment in tomorrow’s pediatric health care workforce. 
Sec. 723. CUTGO compliance. 
TITLE VIII—MENTAL HEALTH PARITY 
Sec. 801. Enhanced compliance with mental health and substance use disorder 
coverage requirements. 
Sec. 802. Action plan for enhanced enforcement of mental health and substance 
use disorder coverage. 
Sec. 803. Report on investigations regarding parity in mental health and sub-
stance use disorder benefits. 
Sec. 804. GAO study on parity in mental health and substance use disorder bene-
fits. 
Sec. 805. Information and awareness on eating disorders. 
Sec. 806. Education and training on eating disorders. 
Sec. 807. GAO study on preventing discriminatory coverage limitations for indi-
viduals with serious mental illness and substance use disorders. 
Sec. 808. Clarification of existing parity rules. 
TITLE I—ASSISTANT SECRETARY 
FOR MENTAL HEALTH AND 
SUBSTANCE USE 
SEC. 101. ASSISTANT SECRETARY FOR MENTAL HEALTH 
AND SUBSTANCE USE. 
(a) ASSISTANT SECRETARY.—Section 501(c) of the 
Public Health Service Act (42 U.S.C. 290aa) is amended 
to read as follows: 
‘‘(c) ASSISTANT SECRETARY AND DEPUTY ASSISTANT 
SECRETARY.— 
‘‘(1) ASSISTANT SECRETARY.— 
‘‘(A) APPOINTMENT.—The Administration 
shall be headed by an official to be known as the 
Assistant Secretary for Mental Health and Sub-
stance Use (hereinafter in this title referred to as 
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the ‘Assistant Secretary’) who shall be appointed 
by the President, by and with the advice and 
consent of the Senate. 
‘‘(B) QUALIFICATIONS.—In selecting the As-
sistant Secretary, the President shall give pref-
erence to individuals who have— 
‘‘(i) a doctoral degree in medicine, os-
teopathic medicine, or psychology; 
‘‘(ii) clinical and research experience 
regarding mental health and substance use 
disorders; and 
‘‘(iii) an understanding of biological, 
psychosocial, and pharmaceutical treat-
ments of mental illness and substance use 
disorders. 
‘‘(2) DEPUTY ASSISTANT SECRETARY.—The As-
sistant Secretary, with the approval of the Secretary, 
may appoint a Deputy Assistant Secretary and may 
employ and prescribe the functions of such officers 
and employees, including attorneys, as are necessary 
to administer the activities to be carried out through 
the Administration.’’. 
(b) TRANSFER OF AUTHORITIES.—The Secretary of 
Health and Human Services shall delegate to the Assistant 
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Secretary for Mental Health and Substance Use all duties 
and authorities that— 
(1) as of the day before the date of enactment of 
this Act, were vested in the Administrator of the Sub-
stance Abuse and Mental Health Services Administra-
tion; and 
(2) are not terminated by this Act. 
(c) EVALUATION.—Section 501(d) of the Public Health 
Service Act (42 U.S.C. 290aa(d)) is amended— 
(1) in paragraph (17), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (18), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(19) evaluate, in consultation with the Assist-
ant Secretary for Financial Resources, the informa-
tion used for oversight of grants under programs re-
lated to mental and substance use disorders, including 
co-occurring disorders, administered by the Center for 
Mental Health Services; 
‘‘(20) periodically review Federal programs and 
activities relating to the diagnosis or prevention of, or 
treatment or rehabilitation for, mental illness and 
substance use disorders to identify any such programs 
or activities that have proven to be effective or effi-
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cient in improving outcomes or increasing access to 
evidence-based programs; 
‘‘(21) establish standards for the appointment of 
peer-review panels to evaluate grant applications and 
recommend standards for mental health grant pro-
grams; and’’. 
(d) STANDARDS
FOR GRANT PROGRAMS.—Section 
501(d) of the Public Health Service Act (42 U.S.C. 
290aa(d)), as amended by subsection (c), is further amend-
ed by adding at the end the following: 
‘‘(22) in consultation with the National Mental 
Health and Substance Use Policy Laboratory, and 
after providing an opportunity for public input, set 
standards for grant programs under this title for 
mental health and substance use services, which may 
address— 
‘‘(A) the capacity of the grantee to imple-
ment the award; 
‘‘(B) requirements for the description of the 
program implementation approach; 
‘‘(C) the extent to which the grant plan sub-
mitted by the grantee as part of its application 
must explain how the grantee will reach the pop-
ulation of focus and provide a statement of need, 
including to what extent the grantee will in-
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crease the number of clients served and the esti-
mated percentage of clients receiving services 
who report positive functioning after 6 months 
or no past-month substance use, as applicable; 
‘‘(D) the extent to which the grantee must 
collect and report on required performance meas-
ures; and 
‘‘(E) the extent to which the grantee is pro-
posing evidence-based practices and the extent to 
which— 
‘‘(i) 
those 
evidence-based 
practices 
must be used with respect to a population 
similar to the population for which the evi-
dence-based practices were shown to be effec-
tive; or 
‘‘(ii) if no evidence-based practice ex-
ists for a population of focus, the way in 
which the grantee will implement adapta-
tions of evidence-based practices, promising 
practices, or cultural practices.’’. 
(e) MEMBER OF COUNCIL ON GRADUATE MEDICAL 
EDUCATION.—Section 762 of the Public Health Service Act 
(42 U.S.C. 290o) is amended— 
(1) in subsection (b)— 
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(A) by redesignating paragraphs (4), (5), 
and (6) as paragraphs (5), (6), and (7), respec-
tively; and 
(B) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) the Assistant Secretary for Mental Health 
and Substance Use;’’; and 
(2) in subsection (c), by striking ‘‘(4), (5), and 
(6)’’ each place it appears and inserting ‘‘(5), (6), 
and (7)’’. 
(f) CONFORMING AMENDMENTS.—Title V of the Public 
Health Service Act (42 U.S.C. 290aa et seq.), as amended 
by the previous provisions of this section, is further amend-
ed— 
(1) by striking ‘‘Administrator of the Substance 
Abuse and Mental Health Services Administration’’ 
each place it appears and inserting ‘‘Assistant Sec-
retary for Mental Health and Substance Use’’; and 
(2) by striking ‘‘Administrator’’ each place it 
appears (including in any headings) and inserting 
‘‘Assistant Secretary’’, except where the term ‘‘Admin-
istrator’’ appears— 
(A) in each of subsections (e) and (f) of sec-
tion 501 of such Act (42 U.S.C. 290aa), includ-
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ing the headings of such subsections, within the 
term ‘‘Associate Administrator’’; 
(B) in section 507(b)(6) of such Act (42 
U.S.C. 290bb(b)(6)), within the term ‘‘Adminis-
trator of the Health Resources and Services Ad-
ministration’’; 
(C) in section 507(b)(6) of such Act (42 
U.S.C. 290bb(b)(6)), within the term ‘‘Adminis-
trator of the Centers for Medicare & Medicaid 
Services’’; 
(D) in section 519B(c)(1)(B) of such Act 
(42 U.S.C. 290bb-25b(c)(1)(B)), within the term 
‘‘Administrator of the National Highway Traffic 
Safety Administration’’; or 
(E) in each of sections 519B(c)(1)(B), 
520C(a), and 520D(a) of such Act (42 U.S.C. 
290bb-25b(c)(1)(B), 290bb-34(a), 290bb-35(a)), 
within the term ‘‘Administrator of the Office of 
Juvenile Justice and Delinquency Prevention’’. 
(g) REFERENCES.—After executing subsections (a), 
(b), and (f), any reference in statute, regulation, or guid-
ance to the Administrator of the Substance Abuse and Men-
tal Health Services Administration shall be construed to be 
a reference to the Assistant Secretary for Mental Health and 
Substance Use. 
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SEC. 102. IMPROVING OVERSIGHT OF MENTAL HEALTH AND 
SUBSTANCE USE PROGRAMS. 
Title V of the Public Health Service Act is amended 
by inserting after section 501 of such Act (42 U.S.C. 290aa) 
the following: 
‘‘SEC. 501A. IMPROVING OVERSIGHT OF MENTAL HEALTH 
AND SUBSTANCE USE PROGRAMS. 
‘‘(a) ACTIVITIES.—For the purpose of ensuring effi-
cient and effective planning and evaluation of mental and 
substance use disorder programs and related activities, the 
Assistant Secretary for Planning and Evaluation, in con-
sultation with the Assistant Secretary for Mental Health 
and Substance Use, shall— 
‘‘(1) collect and organize relevant data on home-
lessness, involvement with the criminal justice system, 
hospitalizations, mortality outcomes, and other meas-
ures the Secretary deems appropriate from across 
Federal departments and agencies; 
‘‘(2) evaluate programs related to mental and 
substance use disorders, including co-occurring dis-
orders, across Federal departments and agencies, as 
appropriate, including programs related to— 
‘‘(A) prevention, intervention, treatment, 
and recovery support services, including such 
services for individuals with a serious mental ill-
ness or serious emotional disturbance; 
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‘‘(B) the reduction of homelessness and in-
volvement with the criminal justice system 
among individuals with a mental or substance 
use disorder; and 
‘‘(C) public health and health services; and 
‘‘(3) consult, as appropriate, with the Assistant 
Secretary, the Behavioral Health Coordinating Coun-
cil of the Department of Health and Human Services, 
other agencies within the Department of Health and 
Human Services, and other relevant Federal depart-
ments. 
‘‘(b) RECOMMENDATIONS.—The Assistant Secretary 
for Planning and Evaluation shall develop an evaluation 
strategy that identifies priority programs to be evaluated 
by the Assistant Secretary and priority programs to be 
evaluated by other relevant agencies within the Department 
of Health and Human Services. The Assistant Secretary for 
Planning and Evaluation shall provide recommendations 
on improving programs and activities based on the evalua-
tion described in subsection (a)(2) as needing improve-
ment.’’. 
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SEC. 103. NATIONAL MENTAL HEALTH AND SUBSTANCE USE 
POLICY LABORATORY. 
Title V of the Public Health Service Act (42 U.S.C. 
290aa et seq.) is amended by inserting after section 501A, 
as added by section 102 of this Act, the following: 
‘‘SEC. 501B. NATIONAL MENTAL HEALTH AND SUBSTANCE 
USE POLICY LABORATORY. 
‘‘(a) IN GENERAL.—There shall be established within 
the Administration a National Mental Health and Sub-
stance Use Policy Laboratory (referred to in this section 
as the ‘Laboratory’). 
‘‘(b) RESPONSIBILITIES.—The Laboratory shall— 
‘‘(1) continue to carry out the authorities and 
activities that were in effect for the Office of Policy, 
Planning, and Innovation as such Office existed prior 
to the date of enactment of the Helping Families in 
Mental Health Crisis Act of 2016; 
‘‘(2) identify, coordinate, and facilitate the im-
plementation of policy changes likely to have a sig-
nificant effect on mental health, mental illness, and 
the prevention and treatment of substance use dis-
order services; 
‘‘(3) collect, as appropriate, information from 
grantees under programs operated by the Administra-
tion in order to evaluate and disseminate information 
on evidence-based practices, including culturally and 
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linguistically appropriate services, as appropriate, 
and service delivery models; 
‘‘(4) provide leadership in identifying and co-
ordinating policies and programs, including evidence- 
based programs, related to mental and substance use 
disorders; 
‘‘(5) recommend ways in which payers may im-
plement program and policy findings of the Adminis-
tration and the Laboratory to improve outcomes and 
reduce per capita program costs; 
‘‘(6) in consultation with the Assistant Secretary 
for Planning and Evaluation, as appropriate, peri-
odically review Federal programs and activities relat-
ing to the diagnosis or prevention of, or treatment or 
rehabilitation for, mental illness and substance use 
disorders, including by— 
‘‘(A) identifying any such programs or ac-
tivities that are duplicative; 
‘‘(B) identifying any such programs or ac-
tivities that are not evidence-based, effective, or 
efficient; and 
‘‘(C) formulating recommendations for co-
ordinating, eliminating, or improving programs 
or activities identified under subparagraph (A) 
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or (B) and merging such programs or activities 
into other successful programs or activities; and 
‘‘(7) carry out other activities as deemed nec-
essary to continue to encourage innovation and dis-
seminate evidence-based programs and practices, in-
cluding programs and practices with scientific merit. 
‘‘(c) EVIDENCE-BASED PRACTICES AND SERVICE DE-
LIVERY MODELS.— 
‘‘(1) IN GENERAL.—In selecting evidence-based 
best practices and service delivery models for evalua-
tion and dissemination, the Laboratory— 
‘‘(A) shall give preference to models that im-
prove— 
‘‘(i) the coordination between mental 
health and physical health providers; 
‘‘(ii) the coordination among such pro-
viders and the justice and corrections sys-
tem; and 
‘‘(iii) the cost effectiveness, quality, ef-
fectiveness, and efficiency of health care 
services furnished to individuals with seri-
ous mental illness or serious emotional dis-
turbance, in mental health crisis, or at risk 
to themselves, their families, and the general 
public; and 
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‘‘(B) may include clinical protocols and 
practices used in the Recovery After Initial 
Schizophrenia Episode (RAISE) project and the 
North American Prodrome Longitudinal Study 
(NAPLS) of the National Institute of Mental 
Health. 
‘‘(2) DEADLINE
FOR
BEGINNING
IMPLEMENTA-
TION.—The Laboratory shall begin implementation of 
the duties described in this subsection not later than 
January 1, 2018. 
‘‘(3) CONSULTATION.—In carrying out the duties 
under this subsection, the Laboratory shall consult 
with— 
‘‘(A) representatives of the National Insti-
tute of Mental Health, the National Institute on 
Drug Abuse, and the National Institute on Alco-
hol Abuse and Alcoholism, on an ongoing basis; 
‘‘(B) other appropriate Federal agencies; 
‘‘(C) clinical and analytical experts with 
expertise in psychiatric medical care and clin-
ical psychological care, health care management, 
education, corrections health care, and mental 
health court systems, as appropriate; and 
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‘‘(D) other individuals and agencies as de-
termined appropriate by the Assistant Sec-
retary.’’. 
SEC. 104. PEER-SUPPORT SPECIALIST PROGRAMS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General of 
the United States shall conduct a study on peer-support spe-
cialist programs in up to 10 States (to be selected by the 
Comptroller General) that receive funding from the Sub-
stance Abuse and Mental Health Services Administration 
and 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 con-
taining the results of such study. 
(b) CONTENTS OF STUDY.—In conducting the study 
under subsection (a), the Comptroller General of the United 
States shall examine and identify best practices in the se-
lected States related to training and credential require-
ments for peer-specialist programs, such as— 
(1) hours of formal work or volunteer experience 
related to mental and substance use disorders con-
ducted through such programs; 
(2) types of peer support specialist exams re-
quired for such programs in the States; 
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(3) codes of ethics used by such programs in the 
States; 
(4) required or recommended skill sets of such 
programs in the State; and 
(5) requirements for continuing education. 
SEC. 105. PROHIBITION AGAINST LOBBYING USING FED-
ERAL FUNDS BY SYSTEMS ACCEPTING FED-
ERAL FUNDS TO PROTECT AND ADVOCATE 
THE RIGHTS OF INDIVIDUALS WITH MENTAL 
ILLNESS. 
Section 105(a) of the Protection and Advocacy for In-
dividuals with Mental Illness Act (42 U.S.C. 10805(a)) is 
amended— 
(1) in paragraph (9), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (10), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(11) agree to refrain, during any period for 
which funding is provided to the system under this 
part, from using Federal funds to pay the salary or 
expenses of any grant or contract recipient, or agent 
acting for such recipient, related to any activity de-
signed to influence the enactment of legislation, ap-
propriations, regulation, administrative action, or 
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Executive order proposed or pending before the Con-
gress or any State government, State legislature or 
local legislature or legislative body, other than for 
normal and recognized executive-legislative relation-
ships or participation by an agency or officer of a 
State, local, or tribal government in policymaking 
and administrative processes within the executive 
branch of that government.’’. 
SEC. 106. REPORTING FOR PROTECTION AND ADVOCACY 
ORGANIZATIONS. 
(a) PUBLIC
AVAILABILITY
OF
REPORTS.—Section 
105(a)(7) of the Protection and Advocacy for Individuals 
with Mental Illness Act (42 U.S.C. 10805(a)(7)) is amended 
by striking ‘‘is located a report’’ and inserting ‘‘is located, 
and make publicly available, a report’’. 
(b) DETAILED ACCOUNTING.—Section 114(a) of the 
Protection and Advocacy for Individuals with Mental Ill-
ness Act (42 U.S.C. 10824(a)) is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5) using data from the existing required an-
nual program progress reports submitted by each sys-
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tem funded under this title, a detailed accounting for 
each 
such 
system 
of 
how 
funds 
are 
spent, 
disaggregated according to whether the funds were re-
ceived from the Federal Government, the State govern-
ment, a local government, or a private entity.’’. 
SEC. 107. GRIEVANCE PROCEDURE. 
Section 105 of the Protection and Advocacy for Indi-
viduals with Mental Illness Act (42 U.S.C. 10805), as 
amended, is further amended by adding at the end the fol-
lowing: 
‘‘(d) GRIEVANCE PROCEDURE.—The Secretary shall 
establish an independent grievance procedure for persons 
described in subsection (a)(9).’’. 
SEC. 108. CENTER FOR BEHAVIORAL HEALTH STATISTICS 
AND QUALITY. 
Title V of the Public Health Service Act (42 U.S.C. 
290aa et seq.) is amended— 
(1) in section 501(b) (42 U.S.C. 290aa(b)), by 
adding at the end the following: 
‘‘(4) The Center for Behavioral Health Statistics 
and Quality.’’; 
(2) in section 502(a)(1) (42 U.S.C. 290aa– 
1(a)(1))— 
(A) in subparagraph (C), by striking ‘‘and’’ 
at the end; 
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(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by inserting after subparagraph (D) the 
following: 
‘‘(E) the Center for Behavioral Health Sta-
tistics and Quality.’’; and 
(3) in part B (42 U.S.C. 290bb et seq.) by add-
ing at the end the following new subpart: 
‘‘Subpart 4—Center for Behavioral Health Statistics 
and Quality 
‘‘SEC. 520L. CENTER FOR BEHAVIORAL HEALTH STATISTICS 
AND QUALITY. 
‘‘(a) ESTABLISHMENT.—There is established in the Ad-
ministration a Center for Behavioral Health Statistics and 
Quality (in this section referred to as the ‘Center’). The 
Center shall be headed by a Director (in this section referred 
to as the ‘Director’) appointed by the Secretary from among 
individuals with extensive experience and academic quali-
fications in research and analysis in behavioral health care 
or related fields. 
‘‘(b) DUTIES.—The Director of the Center shall— 
‘‘(1) coordinate the Administration’s integrated 
data strategy by coordinating— 
‘‘(A) surveillance and data collection (in-
cluding that authorized by section 505); 
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‘‘(B) evaluation; 
‘‘(C) statistical and analytic support; 
‘‘(D) service systems research; and 
‘‘(E) performance and quality information 
systems; 
‘‘(2) recommend a core set of measurement 
standards for grant programs administered by the 
Administration; and 
‘‘(3) coordinate evaluation efforts for the grant 
programs, contracts, and collaborative agreements of 
the Administration. 
‘‘(c) BIANNUAL REPORT
TO CONGRESS.—Not later 
than 2 years after the date of enactment of this section, and 
every 2 years thereafter, the Director of the Center shall sub-
mit to Congress a report on the quality of services furnished 
through grant programs of the Administration, including 
applicable measures of outcomes for individuals and public 
outcomes such as— 
‘‘(1) the number of patients screened positive for 
unhealthy alcohol use who receive brief counseling as 
appropriate; the number of patients screened positive 
for tobacco use and receiving smoking cessation inter-
ventions; the number of patients with a new diagnosis 
of major depressive episode who are assessed for sui-
cide risk; the number of patients screened positive for 
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clinical depression with a documented followup plan; 
and the number of patients with a documented pain 
assessment that have a followup treatment plan when 
pain is present; and satisfaction with care; 
‘‘(2) the incidence and prevalence of substance 
use and mental disorders; the number of suicide at-
tempts and suicide completions; overdoses seen in 
emergency rooms resulting from alcohol and drug use; 
emergency room boarding; overdose deaths; emergency 
psychiatric hospitalizations; new criminal justice in-
volvement while in treatment; stable housing; and 
rates of involvement in employment, education, and 
training; and 
‘‘(3) such other measures for outcomes of services 
as the Director may determine. 
‘‘(d) STAFFING COMPOSITION.—The staff of the Center 
may include individuals with advanced degrees and field 
expertise as well as clinical and research experience in men-
tal and substance use disorders such as— 
‘‘(1) professionals with clinical and research ex-
pertise in the prevention and treatment of, and recov-
ery from, substance use and mental disorders; 
‘‘(2) professionals with training and expertise in 
statistics or research and survey design and meth-
odologies; and 
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‘‘(3) other related fields in the social and behav-
ioral sciences, as specified by relevant position de-
scriptions. 
‘‘(e) GRANTS AND CONTRACTS.—In carrying out the 
duties established in subsection (b), the Director may make 
grants to and enter into contracts and cooperative agree-
ments with public and nonprofit private entities. 
‘‘(f) DEFINITION.—In this section, the term ‘emergency 
room boarding’ means the practice of admitting patients 
to an emergency department and holding such patients in 
the department until inpatient psychiatric beds become 
available.’’. 
SEC. 109. STRATEGIC PLAN. 
Section 501 of the Public Health Service Act (42 
U.S.C. 290aa) is amended— 
(1) by redesignating subsections (l) through (o) 
as subsections (m) through (p), respectively; and 
(2) by inserting after subsection (k) the fol-
lowing: 
‘‘(l) STRATEGIC PLAN.— 
‘‘(1) IN GENERAL.—Not later than December 1, 
2017, and every 5 years thereafter, the Assistant Sec-
retary shall develop and carry out a strategic plan in 
accordance with this subsection for the planning and 
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operation of evidence-based programs and grants car-
ried out by the Administration. 
‘‘(2) COORDINATION.—In developing and car-
rying out the strategic plan under this section, the 
Assistant Secretary shall take into consideration the 
report of the Interdepartmental Serious Mental Illness 
Coordinating Committee under section 301 of the 
Helping Families in Mental Health Crisis Act of 
2016. 
‘‘(3) PUBLICATION OF PLAN.—Not later than De-
cember 1, 2017, and every 5 years thereafter, the As-
sistant Secretary shall— 
‘‘(A) submit the strategic plan developed 
under paragraph (1) to the appropriate commit-
tees of Congress; and 
‘‘(B) post such plan on the Internet website 
of the Administration. 
‘‘(4) CONTENTS.—The strategic plan developed 
under paragraph (1) shall— 
‘‘(A) identify strategic priorities, goals, and 
measurable objectives for mental and substance 
use disorder activities and programs operated 
and supported by the Administration, including 
priorities to prevent or eliminate the burden of 
mental illness and substance use disorders; 
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‘‘(B) identify ways to improve services for 
individuals with a mental or substance use dis-
order, including services related to the prevention 
of, diagnosis of, intervention in, treatment of, 
and recovery from, mental or substance use dis-
orders, including serious mental illness or seri-
ous emotional disturbance, and access to services 
and supports for individuals with a serious men-
tal illness or serious emotional disturbance; 
‘‘(C) ensure that programs provide, as ap-
propriate, access to effective and evidence-based 
prevention, diagnosis, intervention, treatment, 
and recovery services, including culturally and 
linguistically appropriate services, as appro-
priate, for individuals with a mental or sub-
stance use disorder; 
‘‘(D) identify opportunities to collaborate 
with the Health Resources and Services Adminis-
tration to develop or improve— 
‘‘(i) initiatives to encourage individ-
uals to pursue careers (especially in rural 
and underserved areas and populations) as 
psychiatrists, 
psychologists, 
psychiatric 
nurse practitioners, physician assistants, 
occupational 
therapists, 
clinical 
social 
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workers, certified peer support specialists, 
licensed professional counselors, or other li-
censed or certified mental health profes-
sionals, including such professionals special-
izing in the diagnosis, evaluation, or treat-
ment of individuals with a serious mental 
illness or serious emotional disturbance; 
and 
‘‘(ii) a strategy to improve the recruit-
ment, training, and retention of a workforce 
for the treatment of individuals with mental 
or substance use disorders, or co-occurring 
disorders; 
‘‘(E) identify opportunities to improve col-
laboration with States, local governments, com-
munities, and Indian tribes and tribal organiza-
tions (as such terms are defined in section 4 of 
the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b)); and 
‘‘(F) specify a strategy to disseminate evi-
denced-based and promising best practices re-
lated to prevention, diagnosis, early intervention, 
treatment, and recovery services related to men-
tal illness, particularly for individuals with a se-
rious mental illness and children and adolescents 
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with a serious emotional disturbance, and sub-
stance use disorders.’’. 
SEC. 110. AUTHORITIES OF CENTERS FOR MENTAL HEALTH 
SERVICES AND SUBSTANCE ABUSE TREAT-
MENT. 
(a) CENTER FOR MENTAL HEALTH SERVICES.—Sec-
tion 520(b) of the Public Health Service Act (42 U.S.C. 
290bb–31(b)) is amended— 
(1) by redesignating paragraphs (3) through (15) 
as paragraphs (4) through (16), respectively; 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) collaborate with the Director of the National 
Institute of Mental Health to ensure that, as appro-
priate, programs related to the prevention and treat-
ment of mental illness and the promotion of mental 
health are carried out in a manner that reflects the 
best available science and evidence-based practices, in-
cluding culturally and linguistically appropriate 
services;’’; 
(3) in paragraph (5), as so redesignated, by in-
serting ‘‘through policies and programs that reduce 
risk and promote resiliency’’ before the semicolon; 
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(4) in paragraph (6), as so redesignated, by in-
serting ‘‘in collaboration with the Director of the Na-
tional Institute of Mental Health,’’ before ‘‘develop’’; 
(5) in paragraph (8), as so redesignated, by in-
serting ‘‘, increase meaningful participation of indi-
viduals with mental illness in programs and activi-
ties of the Administration,’’ before ‘‘and protect the 
legal’’; 
(6) in paragraph (10), as so redesignated, by 
striking ‘‘professional and paraprofessional personnel 
pursuant to section 303’’ and inserting ‘‘paraprofes-
sional personnel and health professionals’’; 
(7) in paragraph (11), as so redesignated, by in-
serting ‘‘and telemental health,’’ after ‘‘rural mental 
health,’’; 
(8) in paragraph (12), as so redesignated, by 
striking ‘‘establish a clearinghouse for mental health 
information to assure the widespread dissemination of 
such information’’ and inserting ‘‘disseminate mental 
health information, including evidenced-based prac-
tices,’’; 
(9) in paragraph (15), as so redesignated, by 
striking ‘‘and’’ at the end; 
(10) in paragraph (16), as so redesignated, by 
striking the period and inserting ‘‘; and’’; and 
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(11) by adding at the end the following: 
‘‘(17) consult with other agencies and offices of 
the Department of Health and Human Services to en-
sure, with respect to each grant awarded by the Cen-
ter for Mental Health Services, the consistent docu-
mentation of the application of criteria when award-
ing grants and the ongoing oversight of grantees after 
such grants are awarded.’’. 
(b) DIRECTOR
OF
THE CENTER
FOR SUBSTANCE 
ABUSE TREATMENT.—Section 507 of the Public Health 
Service Act (42 U.S.C. 290bb) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘treatment of substance 
abuse’’ and inserting ‘‘treatment of substance use 
disorders’’; and 
(B) by striking ‘‘abuse treatment systems’’ 
and inserting ‘‘use disorder treatment systems’’; 
and 
(2) in subsection (b)— 
(A) in paragraph (3), by striking ‘‘abuse’’ 
and inserting ‘‘use disorder’’; 
(B) in paragraph (4), by striking ‘‘individ-
uals who abuse drugs’’ and inserting ‘‘individ-
uals who use drugs’’; 
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(C) in paragraph (9), by striking ‘‘carried 
out by the Director’’; 
(D) by striking paragraph (10); 
(E) by redesignating paragraphs (11) 
through (14) as paragraphs (10) through (13), 
respectively; 
(F) in paragraph (12), as so redesignated, 
by striking ‘‘; and’’ and inserting a semicolon; 
and 
(G) by striking paragraph (13), as so redes-
ignated, and inserting the following: 
‘‘(13) ensure the consistent documentation of the 
application of criteria when awarding grants and the 
ongoing oversight of grantees after such grants are 
awarded; and 
‘‘(14) work with States, providers, and individ-
uals in recovery, and their families, to promote the 
expansion of recovery support services and systems of 
care oriented towards recovery.’’. 
SEC. 111. ADVISORY COUNCILS. 
Section 502(b) of the Public Health Service Act (42 
U.S.C. 290aa–1(b)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (E), by striking ‘‘and’’ 
after the semicolon; 
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(B) by redesignating subparagraph (F) as 
subparagraph (I); and 
(C) by inserting after subparagraph (E), 
the following: 
‘‘(F) for the advisory councils appointed 
under subsections (a)(1)(A) and (a)(1)(D), the 
Director of the National Institute of Mental 
Health; 
‘‘(G) for the advisory councils appointed 
under subsections (a)(1)(A), (a)(1)(B), and 
(a)(1)(C), the Director of the National Institute 
on Drug Abuse; 
‘‘(H) for the advisory councils appointed 
under subsections (a)(1)(A), (a)(1)(B), and 
(a)(1)(C), the Director of the National Institute 
on Alcohol Abuse and Alcoholism; and’’; and 
(2) in paragraph (3), by adding at the end the 
following: 
‘‘(C) Not less than half of the members of 
the advisory council appointed under subsection 
(a)(1)(D)— 
‘‘(i) shall have— 
‘‘(I) a medical degree; 
‘‘(II) a doctoral degree in psy-
chology; or 
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‘‘(III) an advanced degree in 
nursing or social work from an accred-
ited graduate school or be a certified 
physician assistant; and 
‘‘(ii) shall specialize in the mental 
health field.’’. 
SEC. 112. PEER REVIEW. 
Section 504(b) of the Public Health Service Act (42 
U.S.C. 290aa–3(b)) is amended by adding at the end the 
following: ‘‘In the case of any such peer review group that 
is reviewing a grant, cooperative agreement, or contract re-
lated to mental illness treatment, not less than half of the 
members of such peer review group shall be licensed and 
experienced professionals in the prevention, diagnosis, or 
treatment of, or recovery from, mental or substance use dis-
orders and have a medical degree, a doctoral degree in psy-
chology, or an advanced degree in nursing or social work 
from an accredited program.’’. 
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SEC. 202. OPTIONAL LIMITED COVERAGE OF INPATIENT 
SERVICES FURNISHED IN INSTITUTIONS FOR 
MENTAL DISEASES. 
(a) IN GENERAL.—Section 1903(m)(2) of the Social 
Security Act (42 U.S.C. 1396b(m)(2)) is amended by add-
ing at the end the following new subparagraph: 
‘‘(I)(i) Notwithstanding the limitation specified in the 
subdivision (B) following paragraph (29) of section 1905(a) 
and subject to clause (ii), a State may, under a risk con-
tract entered into by the State under this title (or under 
section 1115) with a medicaid managed care organization 
or a prepaid inpatient health plan (as defined in section 
438.2 of title 42, Code of Federal Regulations (or any suc-
cessor regulation)), make a monthly capitation payment to 
such organization or plan for enrollees with the organiza-
tion or plan who are over 21 years of age and under 65 
years of age and are receiving inpatient treatment in an 
institution for mental diseases (as defined in section 
1905(i)), so long as each of the following conditions is met: 
‘‘(I) The institution is a hospital providing in-
patient psychiatric or substance use disorder services 
or a sub-acute facility providing psychiatric or sub-
stance use disorder crisis residential services. 
‘‘(II) The length of stay in such an institution 
for such treatment is for a short-term stay of no more 
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than 15 days during the period of the monthly capi-
tation payment. 
‘‘(III) The provision of such treatment meets the 
following criteria for consideration as services or set-
tings that are in lieu of services or settings covered 
under the State plan: 
‘‘(aa) The State determines that the alter-
native service or setting is a medically appro-
priate and cost-effective substitute for the covered 
service or setting under the State plan. 
‘‘(bb) The enrollee is not required by the 
managed care organization or prepaid inpatient 
health plan to use the alternative service or set-
ting. 
‘‘(cc) Such treatment is authorized and 
identified in such contract, and will be offered to 
such enrollees at the option of the managed care 
organization or prepaid inpatient health plan. 
‘‘(ii) For purposes of setting the amount of such a 
monthly capitation payment, a State may use the utiliza-
tion of services provided to an individual under this sub-
paragraph when developing the inpatient psychiatric or 
substance use disorder component of such payment, but the 
amount of such payment for such services may not exceed 
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the cost of the same services furnished through providers in-
cluded under the State plan.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply beginning on July 5, 2016, or the 
date of the enactment of this Act, whichever is later. 
SEC. 203. STUDY AND REPORT RELATED TO MEDICAID MAN-
AGED CARE REGULATION. 
(a) STUDY.—The Secretary of Health and Human 
Services, acting through the Administrator of the Centers 
for Medicare & Medicaid Services, shall conduct a study 
on coverage under the Medicaid program under title XIX 
of the Social Security Act (42 U.S.C. 1396 et seq.) of serv-
ices provided through a medicaid managed care organiza-
tion (as defined in section 1903(m) of such Act (42 U.S.C. 
1396b(m)) or a prepaid inpatient health plan (as defined 
in section 438.2 of title 42, Code of Federal Regulations 
(or any successor regulation)) with respect to individuals 
over the age of 21 and under the age of 65 for the treatment 
of a mental health disorder in institutions for mental dis-
eases (as defined in section 1905(i) of such Act (42 U.S.C. 
1396d(i))). Such study shall include information on the fol-
lowing: 
(1) The extent to which States, including the 
District of Columbia and each territory or possession 
of the United States, are providing capitated pay-
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ments to such organizations or plans for enrollees who 
are receiving services in institutions for mental dis-
eases. 
(2) The number of individuals receiving medical 
assistance under a State plan under such title XIX, 
or a waiver of such plan, who receive services in in-
stitutions for mental diseases through such organiza-
tions and plans. 
(3) The range of and average number of months, 
and the length of stay during such months, that such 
individuals are receiving such services in such insti-
tutions. 
(4) How such organizations or plans determine 
when to provide for the furnishing of such services 
through an institution for mental diseases in lieu of 
other benefits (including the full range of community- 
based services) under their contract with the State 
agency administering the State plan under such title 
XIX, or a waiver of such plan, to address psychiatric 
or substance use disorder treatment. 
(5) The extent to which the provision of services 
within such institutions has affected the capitated 
payments for such organizations or plans. 
(b) REPORT.—Not later than three years after the date 
of the enactment of this Act, the Secretary shall submit to 
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Congress a report on the study conducted under subsection 
(a). 
SEC. 204. GUIDANCE ON OPPORTUNITIES FOR INNOVATION. 
Not later than one year after the date of the enactment 
of this Act, the Administrator of the Centers for Medicare 
& Medicaid Services shall issue a State Medicaid Director 
letter regarding opportunities to design innovative service 
delivery systems, including systems for providing commu-
nity-based services, for individuals with serious mental ill-
ness or serious emotional disturbance who are receiving 
medical assistance under title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.). The letter shall include oppor-
tunities for demonstration projects under section 1115 of 
such Act (42 U.S.C. 1315), to improve care for such individ-
uals. 
SEC. 205. STUDY AND REPORT ON MEDICAID EMERGENCY 
PSYCHIATRIC DEMONSTRATION PROJECT. 
(a) COLLECTION OF INFORMATION.—The Secretary of 
Health and Human Services, acting through the Adminis-
trator of the Centers for Medicare & Medicaid Services, 
shall, with respect to each State that has participated in 
the demonstration project established under section 2707 of 
the Patient Protection and Affordable Care Act (42 U.S.C. 
1396a note), collect from each such State information on 
the following: 
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(1) The number of institutions for mental dis-
eases (as defined in section 1905(i) of the Social Secu-
rity Act (42 U.S.C. 1396d(i))) and beds in such insti-
tutions that received payment for the provision of 
services to individuals who receive medical assistance 
under a State plan under the Medicaid program 
under title XIX of the Social Security Act (42 U.S.C. 
1396 et seq.) (or under a waiver of such plan) 
through the demonstration project in each such State 
as compared to the total number of institutions for 
mental diseases and beds in the State. 
(2) The extent to which there is a reduction in 
expenditures under the Medicaid program under title 
XIX of the Social Security Act (42 U.S.C. 1396 et 
seq.) or other spending on the full continuum of phys-
ical or mental health care for individuals who receive 
treatment in an institution for mental diseases under 
the demonstration project, including outpatient, inpa-
tient, emergency, and ambulatory care, that is attrib-
utable to such individuals receiving treatment in in-
stitutions for mental diseases under the demonstration 
project. 
(3) The number of forensic psychiatric hospitals, 
the number of beds in such hospitals, and the number 
of forensic psychiatric beds in other hospitals in such 
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State, based on the most recent data available, to the 
extent practical, as determined by such Adminis-
trator. 
(4) The amount of any disproportionate share 
hospital payments under section 1923 of the Social 
Security Act (42 U.S.C. 1396r–4) that institutions 
for mental diseases in the State received during the 
period beginning on July 1, 2012, and ending on 
June 30, 2015, and the extent to which the dem-
onstration project reduced the amount of such pay-
ments. 
(5) The most recent data regarding all facilities 
or sites in the State in which any individuals with 
serious mental illness who are receiving medical as-
sistance under a State plan under the Medicaid pro-
gram under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.) (or under a waiver of such plan) 
are treated during the period referred to in paragraph 
(4), to the extent practical, as determined by the Ad-
ministrator, including— 
(A) the types of such facilities or sites (such 
as an institution for mental diseases, a hospital 
emergency department, or other inpatient hos-
pital); 
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(B) the average length of stay in such a fa-
cility 
or 
site 
by 
such 
an 
individual, 
disaggregated by facility type; and 
(C) the payment rate under the State plan 
(or a waivers of such plan) for services furnished 
to such an individual for that treatment, 
disaggregated by facility type, during the period 
in which the demonstration project is in oper-
ation. 
(6) The extent to which the utilization of hos-
pital emergency departments during the period in 
which the demonstration project was is in operation 
differed, with respect to individuals who are receiving 
medical assistance under a State plan under the Med-
icaid program under title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.) (or under a waiver of 
such plan), between— 
(A) those individuals who received treat-
ment in an institution for mental diseases under 
the demonstration project; 
(B) those individuals who met the eligibility 
requirements for the demonstration project but 
who did not receive treatment in an institution 
for mental diseases under the demonstration 
project; and 
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(C) those individuals with serious mental 
illness who did not meet such eligibility require-
ments and did not receive treatment for such ill-
ness in an institution for mental diseases. 
(b) REPORT.—Not later than two years after the date 
of the enactment of this Act, the Secretary of Health and 
Human Services shall submit to Congress a report that 
summarizes and analyzes the information collected under 
subsection (a). Such report may be submitted as part of 
the report required under section 2707(f) of the Patient Pro-
tection and Affordable Care Act (42 U.S.C. 1396a note) or 
separately. 
SEC. 206. PROVIDING FULL-RANGE OF EPSDT SERVICES TO 
CHILDREN IN IMDS. 
Section 1905(a)(16) of the Social Security Act (42 
U.S.C. 1396d(a)(16)) is amended by inserting before the 
semicolon at the end the following: ‘‘, and, effective January 
1, 2019, the full-range of early and periodic screening, diag-
nostic, and treatment services (as defined in subsection (r)) 
for such individuals whether or not such screening, diag-
nostic, and treatment services are furnished by the provider 
of inpatient psychiatric hospital services for individuals 
under age 21’’. 
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SEC. 207. ELECTRONIC VISIT VERIFICATION SYSTEM RE-
QUIRED FOR PERSONAL CARE SERVICES AND 
HOME HEALTH CARE SERVICES UNDER MED-
ICAID. 
(a) IN GENERAL.—Section 1903 of the Social Security 
Act (42 U.S.C. 1396b) is amended by inserting after sub-
section (k) the following new subsection: 
‘‘(l)(1) Subject to paragraphs (3) and (4), with respect 
to any amount expended for personal care services or home 
health care services requiring an in-home visit by a pro-
vider that are provided under a State plan under this title 
(or under a waiver of the plan) and furnished in a calendar 
quarter beginning on or after January 1, 2019 (or, in the 
case of home health care services, on or after January 1, 
2023), unless a State requires the use of an electronic visit 
verification system for such services furnished in such quar-
ter under the plan or such waiver, the Federal medical as-
sistance percentage shall be reduced— 
‘‘(A) in the case of personal care services— 
‘‘(i) for calendar quarters in 2019 and 
2020, by .25 percentage points; 
‘‘(ii) for calendar quarters in 2021, by .5 
percentage points; 
‘‘(iii) for calendar quarters in 2022, by .75 
percentage points; and 
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‘‘(iv) for calendar quarters in 2023 and 
each year thereafter, by 1 percentage point; and 
‘‘(B) in the case of home health care services— 
‘‘(i) for calendar quarters in 2023 and 
2024, by .25 percentage points; 
‘‘(ii) for calendar quarters in 2025, by .5 
percentage points; 
‘‘(iii) for calendar quarters in 2026, by .75 
percentage points; and 
‘‘(iv) for calendar quarters in 2027 and 
each year thereafter, by 1 percentage point. 
‘‘(2) Subject to paragraphs (3) and (4), in imple-
menting the requirement for the use of an electronic visit 
verification system under paragraph (1), a State shall— 
‘‘(A) consult with agencies and entities that pro-
vide personal care services, home health care services, 
or both under the State plan (or under a waiver of 
the plan) to ensure that such system— 
‘‘(i) is minimally burdensome; 
‘‘(ii) takes into account existing best prac-
tices and electronic visit verification systems in 
use in the State; and 
‘‘(iii) is conducted in accordance with the 
requirements of HIPAA privacy and security 
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law (as defined in section 3009 of the Public 
Health Service Act); 
‘‘(B) take into account a stakeholder process that 
includes input from beneficiaries, family caregivers, 
personal care or home health care services workers, 
and other stakeholders, as determined by the State in 
accordance with guidance from the Secretary; and 
‘‘(C) ensure that individuals who furnish per-
sonal care services, home health care services, or both 
under the State plan (or under a waiver of the plan) 
are provided the opportunity for training on the use 
of such system. 
‘‘(3) Paragraphs (1) and (2) shall not apply in the 
case of a State that, as of the date of the enactment of this 
subsection, requires the use of any system for the electronic 
verification of visits conducted as part of both personal care 
services and home health care services. 
‘‘(4)(A) In the case of a State described in subpara-
graph (B), the reduction under paragraph (1) shall not 
apply— 
‘‘(i) in the case of personal care services, for cal-
endar quarters in 2019; and 
‘‘(ii) in the case of home health care services, for 
calendar quarters in 2023. 
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‘‘(B) For purposes of subparagraph (A), a State de-
scribed in this subparagraph is a State that demonstrates 
to the Secretary that the State— 
‘‘(i) has made a good faith effort to comply with 
the requirements of paragraphs (1) and (2) (includ-
ing by taking steps to adopt the technology used for 
an electronic visit verification system); or 
‘‘(ii) in implementing such a system, has en-
countered unavoidable system delays. 
‘‘(5) In this subsection: 
‘‘(A) The term ‘electronic visit verification sys-
tem’ means, with respect to personal care services or 
home health care services, a system under which visits 
conducted as part of such services are electronically 
verified with respect to— 
‘‘(i) the type of service performed; 
‘‘(ii) the individual receiving the service; 
‘‘(iii) the date of the service; 
‘‘(iv) the location of service delivery; 
‘‘(v) the individual providing the service; 
and 
‘‘(vi) the time the service begins and ends. 
‘‘(B) The term ‘home health care services’ means 
services described in section 1905(a)(7) provided 
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under a State plan under this title (or under a waiv-
er of the plan). 
‘‘(C) The term ‘personal care services’ means 
personal care services provided under a State plan 
under this title (or under a waiver of the plan), in-
cluding services provided under section 1905(a)(24), 
1915(c), 1915(i), 1915(j), or 1915(k) or under a 
wavier under section 1115. 
‘‘(6)(A) In the case in which a State requires personal 
care service and home health care service providers to utilize 
an electronic visit verification system operated by the State 
or a contractor on behalf of the State, the Secretary shall 
pay to the State, for each quarter, an amount equal to 90 
per centum of so much of the sums expended during such 
quarter as are attributable to the design, development, or 
installation of such system, and 75 per centum of so much 
of the sums for the operation and maintenance of such sys-
tem. 
‘‘(B) Subparagraph (A) shall not apply in the case 
in which a State requires personal care service and home 
health care service providers to utilize an electronic visit 
verification system that is not operated by the State or a 
contractor on behalf of the State.’’. 
(b) COLLECTION AND DISSEMINATION OF BEST PRAC-
TICES.—Not later than January 1, 2018, the Secretary of 
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Health and Human Services shall, with respect to electronic 
visit verification systems (as defined in subsection (l)(5) of 
section 1903 of the Social Security Act (42 U.S.C. 1396b), 
as inserted by subsection (a)), collect and disseminate best 
practices to State Medicaid Directors with respect to— 
(1) training individuals who furnish personal 
care services, home health care services, or both under 
the State plan under title XIX of such Act (or under 
a waiver of the plan) on such systems and the oper-
ation of such systems and the prevention of fraud 
with respect to the provision of personal care services 
or home health care services (as defined in such sub-
section (l)(5)); and 
(2) the provision of notice and educational mate-
rials to family caregivers and beneficiaries with re-
spect to the use of such electronic visit verification 
systems and other means to prevent such fraud. 
(c) RULES OF CONSTRUCTION.— 
(1) NO EMPLOYER-EMPLOYEE RELATIONSHIP ES-
TABLISHED.—Nothing in the amendment made by 
this section may be construed as establishing an em-
ployer-employee relationship between the agency or 
entity that provides for personal care services or home 
health care services and the individuals who, under a 
contract with such an agency or entity, furnish such 
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services for purposes of part 552 of title 29, Code of 
Federal Regulations (or any successor regulations). 
(2) NO PARTICULAR OR UNIFORM ELECTRONIC 
VISIT VERIFICATION SYSTEM REQUIRED.—Nothing in 
the amendment made by this section shall be con-
strued to require the use of a particular or uniform 
electronic visit verification system (as defined in sub-
section (l)(5) of section 1903 of the Social Security 
Act (42 U.S.C. 1396b), as inserted by subsection (a)) 
by all agencies or entities that provide personal care 
services or home health care under a State plan under 
title XIX of the Social Security Act (or under a waiv-
er of the plan) (42 U.S.C. 1396 et seq.). 
(3) NO LIMITS ON PROVISION OF CARE.—Nothing 
in the amendment made by this section may be con-
strued to limit, with respect to personal care services 
or home health care services provided under a State 
plan under title XIX of the Social Security Act (or 
under a waiver of the plan) (42 U.S.C. 1396 et seq.), 
provider selection, constrain beneficiaries’ selection of 
a caregiver, or impede the manner in which care is 
delivered. 
(4) NO PROHIBITION ON STATE QUALITY MEAS-
URES REQUIREMENTS.—Nothing in the amendment 
made by this section shall be construed as prohibiting 
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a State, in implementing an electronic visit 
verification system (as defined in subsection (l)(5) of 
section 1903 of the Social Security Act (42 U.S.C. 
1396b), as inserted by subsection (a)), from estab-
lishing requirements related to quality measures for 
such system. 
TITLE 
III—INTERDEPART-
MENTAL 
SERIOUS 
MENTAL 
ILLNESS 
COORDINATING 
COMMITTEE 
SEC. 301. INTERDEPARTMENTAL SERIOUS MENTAL ILLNESS 
COORDINATING COMMITTEE. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 3 months after 
the date of enactment of this Act, the Secretary of 
Health and Human Services, or the designee of the 
Secretary, shall establish a committee to be known as 
the ‘‘Interdepartmental Serious Mental Illness Coordi-
nating Committee’’ (in this section referred to as the 
‘‘Committee’’). 
(2) FEDERAL ADVISORY COMMITTEE ACT.—Ex-
cept as provided in this section, the provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.) 
shall apply to the Committee. 
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(b) MEETINGS.—The Committee shall meet not fewer 
than 2 times each year. 
(c) RESPONSIBILITIES.—Not later than 1 year after 
the date of enactment of this Act, and 5 years after such 
date of enactment, the Committee shall submit to Congress 
a report including— 
(1) a summary of advances in serious mental ill-
ness and serious emotional disturbance research re-
lated to the prevention of, diagnosis of, intervention 
in, and treatment and recovery of, serious mental ill-
nesses, serious emotional disturbances, and advances 
in access to services and support for individuals with 
a serious mental illness or serious emotional disturb-
ance; 
(2) an evaluation of the effect on public health 
of Federal programs related to serious mental illness 
or serious emotional disturbance, including measure-
ments of public health outcomes such as— 
(A) rates of suicide, suicide attempts, preva-
lence of serious mental illness, serious emotional 
disturbances, and substance use disorders, over-
dose, overdose deaths, emergency hospitalizations, 
emergency room boarding, preventable emergency 
room visits, involvement with the criminal jus-
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tice system, crime, homelessness, and unemploy-
ment; 
(B) increased rates of employment and en-
rollment in educational and vocational pro-
grams; 
(C) quality of mental and substance use dis-
order treatment services; and 
(D) any other criteria as may be deter-
mined by the Secretary; 
(3) a plan to improve outcomes for individuals 
with serious mental illness or serious emotional dis-
turbances, including reducing incarceration for such 
individuals, reducing homelessness, and increasing 
employment; and 
(4) specific recommendations for actions that 
agencies can take to better coordinate the administra-
tion of mental health services for people with serious 
mental illness or serious emotional disturbances. 
(d) COMMITTEE EXTENSION.—Upon the submission of 
the second report under subsection (c), the Secretary shall 
submit a recommendation to Congress on whether to extend 
the operation of the Committee. 
(e) MEMBERSHIP.— 
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(1) FEDERAL MEMBERS.—The Committee shall 
be composed of the following Federal representatives, 
or their designees: 
(A) The Secretary of Health and Human 
Services, who shall serve as the Chair of the 
Committee. 
(B) The Director of the National Institutes 
of Health. 
(C) The Assistant Secretary for Health of 
the Department of Health and Human Services. 
(D) The Assistant Secretary for Mental 
Health and Substance Use. 
(E) The Attorney General of the United 
States. 
(F) The Secretary of Veterans Affairs. 
(G) The Secretary of Defense. 
(H) The Secretary of Housing and Urban 
Development. 
(I) The Secretary of Education. 
(J) The Secretary of Labor. 
(K) The Commissioner of Social Security. 
(L) The Administrator of the Centers for 
Medicare & Medicaid Services. 
(2) NON-FEDERAL
MEMBERS.—The Committee 
shall also include not less than 14 non-Federal public 
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members appointed by the Secretary of Health and 
Human Services, of which— 
(A) at least 2 members shall be individuals 
with lived experience with serious mental illness 
or serious emotional disturbance; 
(B) at least 1 member shall be a parent or 
legal guardian of an individual with a history 
of a serious mental illness or serious emotional 
disturbance; 
(C) at least 1 member shall be a representa-
tive of a leading research, advocacy, or service 
organization for individuals with serious mental 
illness or serious emotional disturbance; 
(D) at least 2 members shall be— 
(i) a licensed psychiatrist with experi-
ence treating serious mental illnesses or se-
rious emotional disturbances; 
(ii) a licensed psychologist with experi-
ence treating serious mental illnesses or se-
rious emotional disturbances; 
(iii) a licensed clinical social worker 
with experience treating serious mental ill-
ness or serious emotional disturbances; or 
(iv) a licensed psychiatric nurse, nurse 
practitioner, or physician assistant with ex-
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perience treating serious mental illnesses or 
serious emotional disturbances; 
(E) at least 1 member shall be a licensed 
mental health professional with a specialty in 
treating children and adolescents with serious 
emotional disturbances; 
(F) at least 1 member shall be a mental 
health professional who has research or clinical 
mental health experience working with minori-
ties; 
(G) at least 1 member shall be a mental 
health professional who has research or clinical 
mental health experience working with medically 
underserved populations; 
(H) at least 1 member shall be a State cer-
tified mental health peer specialist; 
(I) at least 1 member shall be a judge with 
experience adjudicating cases within a mental 
health court; 
(J) at least 1 member shall be a law en-
forcement officer or corrections officer with exten-
sive experience in interfacing with individuals 
with a serious mental illness or serious emo-
tional disturbance, or in a mental health crisis; 
and 
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(K) at least 1 member shall be a homeless 
services provider with experience working with 
individuals with serious mental illness, with se-
rious emotional disturbance, or having mental 
health crisis. 
(3) TERMS.—A member of the Committee ap-
pointed under paragraph (2) shall serve for a term of 
3 years, and may be reappointed for one or more ad-
ditional 3-year terms. Any member appointed to fill 
a vacancy for an unexpired term shall be appointed 
for the remainder of such term. A member may serve 
after the expiration of the member’s term until a suc-
cessor has been appointed. 
(f) WORKING GROUPS.—In carrying out its functions, 
the Committee may establish working groups. Such working 
groups shall be composed of Committee members, or their 
designees, and may hold such meetings as are necessary. 
(g) SUNSET.—The Committee shall terminate on the 
date that is 6 years after the date on which the Committee 
is established under subsection (a)(1). 
TITLE IV—COMPASSIONATE 
COMMUNICATION ON HIPAA 
SEC. 401. SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
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(1) The vast majority of individuals with mental 
illness are capable of understanding their illness and 
caring for themselves. 
(2) Persons with serious mental illness (in this 
section referred to as ‘‘SMI’’), including schizophrenia 
spectrum, bipolar disorders, and major depressive dis-
order, may be significantly impaired in their ability 
to understand or make sound decisions for their care 
and needs. By nature of their illness, cognitive im-
pairments in reasoning and judgment, as well as the 
presence of hallucinations, delusions, and severe emo-
tional distortions, they may lack the awareness they 
even have a mental illness (a condition known as 
anosognosia), and thus may be unable to make sound 
decisions regarding their care, nor follow through con-
sistently and effectively on their care needs. 
(3) Persons with mental illness or SMI may re-
quire and benefit from mental health treatment in 
order to recover to the fullest extent of their ability; 
these beneficial interventions may include psychiatric 
care, psychological care, medication, peer support, 
educational support, employment support, and hous-
ing support. 
(4) Persons with SMI who are provided with 
professional and supportive services may still experi-
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ence times when their symptoms may greatly impair 
their abilities to make sound decisions for their per-
sonal care or may discontinue their care as a result 
of this impaired decisionmaking resulting in a fur-
ther deterioration of their condition. They may expe-
rience a temporary or prolonged impairment as a re-
sult of their diminished capacity to care for them-
selves. 
(5) Episodes of psychiatric crises among those 
with SMI can result in neurological harm to the indi-
vidual’s brain. 
(6) Persons with SMI— 
(A) are at high risk for other chronic phys-
ical illnesses, with approximately 50 percent 
having two or more co-occurring chronic phys-
ical illnesses such as cardiac, pulmonary, cancer, 
and endocrine disorders; and 
(B) have three times the odds of having 
chronic bronchitis, five times the odds of having 
emphysema, and four times the odds of having 
COPD, are more than four times as likely to 
have fluid and electrolyte disorders, and are 
nearly three times as likely to be nicotine de-
pendent. 
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(7) Some psychotropic medications, such as sec-
ond generation antipsychotics, significantly increase 
risk for chronic illnesses such as diabetes and cardio-
vascular disease. 
(8) When the individual fails to seek or main-
tain treatment for these physical conditions over a 
long term, it can result in the individual becoming 
gravely disabled, or developing life-threatening ill-
nesses. Early and consistent treatment can ameliorate 
or reduce symptoms or cure the disease. 
(9) Persons with SMI die 7 to 24 years earlier 
than their age cohorts primarily because of complica-
tions from their chronic physical illness and failure 
to seek or maintain treatment resulting from emo-
tional and cognitive impairments from their SMI. 
(10) It is beneficial to the person with SMI and 
chronic illness to seek and maintain continuity of 
medical care and treatment for their mental illness to 
prevent further deterioration and harm to their own 
safety. 
(11) When the individual with SMI is signifi-
cantly diminished in their capacity to care for them-
selves long term or acutely, other supportive interven-
tions to assist their care may be necessary to protect 
their health and safety. 
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(12) Prognosis for the physical and psychiatric 
health of those with SMI may improve when respon-
sible caregivers facilitate and participate in care. 
(13) When an individual with SMI is chron-
ically incapacitated in their ability to care for them-
selves, caregivers can pursue legal guardianship to fa-
cilitate care in appropriate areas while being mindful 
to allow the individual to make decisions for them-
selves in areas where they are capable. 
(14) Individuals with SMI who have prolonged 
periods of being significantly functional can, during 
such periods, design and sign an advanced directive 
to predefine and choose medications, providers, treat-
ment plans, and hospitals, and provide caregivers 
with guardianship the ability to help in those times 
when a patient’s psychiatric symptoms worsen to the 
point of making them incapacitated or leaving them 
with a severely diminished capacity to make informed 
decisions about their care which may result in harm 
to their physical and mental health. 
(15) All professional and support efforts should 
be made to help the individual with SMI and acute 
or chronic physical illnesses to understand and follow 
through on treatment. 
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(16) When individuals with SMI, even after ef-
forts to help them understand, have failed to care for 
themselves, there exists confusion in the health care 
community around what is currently permissible 
under HIPAA rules. This confusion may hinder com-
munication with responsible caregivers who may be 
able to facilitate care for the patient with SMI in in-
stances when the individual does not give permission 
for disclosure. 
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that, for the sake of the health and safety of persons 
with serious mental illness, more clarity is needed sur-
rounding the existing HIPAA privacy rule promulgated 
pursuant to section 264(c) of the Health Insurance Port-
ability and Accountability Act (42 U.S.C. 1320d–2 note) 
to permit health care professionals to communicate, when 
necessary, with responsible known caregivers of such per-
sons, the limited, appropriate protected health information 
of such persons in order to facilitate treatment, but not in-
cluding psychotherapy notes. 
SEC. 402. CONFIDENTIALITY OF RECORDS. 
Not later than one year after the date on which the 
Secretary of Health and Human Services first finalizes reg-
ulations updating part 2 of title 42, Code of Federal Regu-
lations (relating to confidentiality of alcohol and drug 
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abuse patient records) after the date of enactment of this 
Act, the Secretary shall convene relevant stakeholders to de-
termine the effect of such regulations on patient care, health 
outcomes, and patient privacy. The Secretary shall submit 
to the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, and make pub-
licly available, a report on the findings of such stakeholders. 
SEC. 403. CLARIFICATION OF CIRCUMSTANCES UNDER 
WHICH DISCLOSURE OF PROTECTED HEALTH 
INFORMATION IS PERMITTED. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this section, the Secretary of Health 
and Human Services shall promulgate final regulations 
clarifying the circumstances under which, consistent with 
the provisions of subpart C of title XI of the Social Security 
Act (42 U.S.C. 1320d et seq.) and regulations promulgated 
pursuant to section 264(c) of the Health Insurance Port-
ability and Accountability Act of 1996 (42 U.S.C. 1320d– 
2 note), a health care provider or covered entity may dis-
close the protected health information of a patient with a 
mental illness, including for purposes of— 
(1) communicating (including with respect to 
treatment, side effects, risk factors, and the avail-
ability of community resources) with a family mem-
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ber of such patient, caregiver of such patient, or other 
individual to the extent that such family member, 
caregiver, or individual is involved in the care of the 
patient; 
(2) communicating with a family member of the 
patient, caregiver of such patient, or other individual 
involved in the care of the patient in the case that the 
patient is an adult; 
(3) communicating with the parent or caregiver 
of a patient in the case that the patient is a minor; 
(4) considering the patient’s capacity to agree or 
object to the sharing of the protected health informa-
tion of the patient; 
(5) communicating and sharing information 
with the family or caregivers of the patient when— 
(A) the patient consents; 
(B) the patient does not consent, but the pa-
tient lacks the capacity to agree or object and the 
communication or sharing of information is in 
the patient’s best interest; 
(C) the patient does not consent and the pa-
tient is not incapacitated or in an emergency 
circumstance, but the ability of the patient to 
make rational health care decisions is signifi-
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cantly diminished by reason of the physical or 
mental health condition of the patient; and 
(D) the patient does not consent, but such 
communication and sharing of information is 
necessary to prevent impending and serious dete-
rioration of the patient’s mental or physical 
health; 
(6) involving a patient’s family members, care-
givers, or others involved in the patient’s care or care 
plan, including facilitating treatment and medication 
adherence, in dealing with patient failures to adhere 
to medication or other therapy; 
(7) listening to or receiving information with re-
spect to the patient from the family or caregiver of 
such patient receiving mental illness treatment; 
(8) communicating with family members of the 
patient, caregivers of the patient, law enforcement, or 
others when the patient presents a serious and immi-
nent threat of harm to self or others; and 
(9) communicating to law enforcement and fam-
ily members of the patient or caregivers of the patient 
about the admission of the patient to receive care at 
a facility or the release of a patient who was admit-
ted to a facility for an emergency psychiatric hold or 
involuntary treatment. 
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(b) COORDINATION.—The Secretary of Health and 
Human Services shall carry out this section in coordination 
with the Director of the Office for Civil Rights within the 
Department of Health and Human Services. 
(c) CONSISTENCY WITH GUIDANCE.—The Secretary of 
Health and Human Services shall ensure that the regula-
tions under this section are consistent with the guidance 
entitled ‘‘HIPAA Privacy Rule and Sharing Information 
Related to Mental Health’’, issued by the Department of 
Health and Human Services on February 20, 2014. 
SEC. 404. DEVELOPMENT AND DISSEMINATION OF MODEL 
TRAINING PROGRAMS. 
(a) INITIAL PROGRAMS AND MATERIALS.—Not later 
than one year after the date of the enactment of this Act, 
the Secretary of Health and Human Services (in this sec-
tion referred to as the ‘‘Secretary’’) shall develop and dis-
seminate— 
(1) a model program and materials for training 
health care providers (including physicians, emer-
gency medical personnel, psychologists, counselors, 
therapists, behavioral health facilities and clinics, 
care managers, and hospitals) regarding the cir-
cumstances under which, consistent with the stand-
ards governing the privacy and security of individ-
ually identifiable health information promulgated by 
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the Secretary under subpart C of title XI of the Social 
Security Act (42 U.S.C. 1320d et seq.) and regula-
tions promulgated pursuant to section 264(c) of the 
Health Insurance Portability and Accountability Act 
of 1996 (42 U.S.C. 1320d–2 note), the protected 
health information of patients with a mental illness 
may be disclosed with and without patient consent; 
(2) a model program and materials for training 
lawyers and others in the legal profession on such cir-
cumstances; and 
(3) a model program and materials for training 
patients and their families regarding their rights to 
protect and obtain information under the standards 
specified in paragraph (1). 
(b) PERIODIC UPDATES.—The Secretary shall— 
(1) periodically review and update the model 
programs and materials developed under subsection 
(a); and 
(2) disseminate the updated model programs and 
materials. 
(c) CONTENTS.—The programs and materials devel-
oped under subsection (a) shall address the guidance enti-
tled ‘‘HIPAA Privacy Rule and Sharing Information Re-
lated to Mental Health’’, issued by the Department of 
Health and Human Services on February 20, 2014. 
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(d) COORDINATION.—The Secretary shall carry out 
this section in coordination with the Director of the Office 
for Civil Rights within the Department of Health and 
Human Services, the Assistant Secretary for Mental Health 
and Substance Use, the Administrator of the Health Re-
sources and Services Administration, and the heads of other 
relevant agencies within the Department of Health and 
Human Services. 
(e) INPUT OF CERTAIN ENTITIES.—In developing the 
model programs and materials required by subsections (a) 
and (b), the Secretary shall solicit the input of relevant na-
tional, State, and local associations, medical societies, and 
licensing boards. 
(f) FUNDING.—There are authorized to be appro-
priated to carry out this section $4,000,000 for fiscal year 
2018, $2,000,000 for each of fiscal years 2019 and 2020, 
and $1,000,000 for each of fiscal years 2021 and 2022. 
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TITLE V—INCREASING ACCESS 
TO TREATMENT FOR SERIOUS 
MENTAL ILLNESS 
SEC. 501. ASSERTIVE COMMUNITY TREATMENT GRANT PRO-
GRAM FOR INDIVIDUALS WITH SERIOUS MEN-
TAL ILLNESS. 
Part B of title V of the Public Health Service Act (42 
U.S.C. 290bb et seq.) is amended by inserting after section 
520L the following: 
‘‘SEC. 520M. ASSERTIVE COMMUNITY TREATMENT GRANT 
PROGRAM FOR INDIVIDUALS WITH SERIOUS 
MENTAL ILLNESS. 
‘‘(a) IN GENERAL.—The Assistant Secretary shall 
award grants to eligible entities— 
‘‘(1) to establish assertive community treatment 
programs for individuals with serious mental illness; 
or 
‘‘(2) to maintain or expand such programs. 
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a 
grant under this section, an entity shall be a State, county, 
city, tribe, tribal organization, mental health system, health 
care facility, or any other entity the Assistant Secretary 
deems appropriate. 
‘‘(c) SPECIAL CONSIDERATION.—In selecting among 
applicants for a grant under this section, the Assistant Sec-
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retary may give special consideration to the potential of 
the applicant’s program to reduce hospitalization, homeless-
ness, and involvement with the criminal justice system 
while improving the health and social outcomes of the pa-
tient. 
‘‘(d) ADDITIONAL ACTIVITIES.—The Assistant Sec-
retary shall— 
‘‘(1) not later than the end of fiscal year 2021, 
submit a report to the appropriate congressional com-
mittees on the grant program under this section, in-
cluding an evaluation of— 
‘‘(A) cost savings and public health out-
comes such as mortality, suicide, substance 
abuse, hospitalization, and use of services; 
‘‘(B) rates of involvement with the criminal 
justice system of patients; 
‘‘(C) rates of homelessness among patients; 
and 
‘‘(D) patient and family satisfaction with 
program participation; and 
‘‘(2) provide appropriate information, training, 
and technical assistance to grant recipients under this 
section to help such recipients to establish, maintain, 
or expand their assertive community treatment pro-
grams. 
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‘‘(v) include a description of case man-
agement services; 
‘‘(vi) include a description of activities 
that seek to engage individuals with serious 
mental illness or serious emotional disturb-
ance and their caregivers where appropriate 
in making health care decisions, including 
activities that enhance communication be-
tween individuals, families, caregivers, and 
treatment providers; and 
‘‘(vii) as appropriate to and reflective 
of the uses the State proposes for the block 
grant monies— 
‘‘(I) a description of the activities 
intended to reduce hospitalizations and 
hospital stays using the block grant 
monies; 
‘‘(II) a description of the activi-
ties intended to reduce incidents of sui-
cide using the block grant monies; and 
‘‘(III) a description of how the 
State integrates mental health and pri-
mary care using the block grant mon-
ies. 
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