42 U.S.C. § 1397mm (THE PUBLIC HEALTH AND WELFARE)
§ 1397mm. Grants to improve outreach and enrollment
(a) Outreach and enrollment grants; national campaign
(1) In general
From the amounts appropriated under subsection (g), subject to paragraphs (2) and (3), the Secretary shall award grants to eligible entities during the period of fiscal years 2009 through 2027 to conduct outreach and enrollment efforts that are designed to increase the enrollment and participation of eligible children under this subchapter and subchapter XIX.
(2) Ten percent set aside for national enrollment campaign
An amount equal to 10 percent of such amounts shall be used by the Secretary for expenditures during such period to carry out a national enrollment campaign in accordance with subsection (h).
(3) Ten percent set aside for evaluating and providing technical assistance to grantees
For the period of fiscal years 2024 through 2027, an amount equal to 10 percent of such amounts shall be used by the Secretary for the purpose of evaluating and providing technical assistance to eligible entities awarded grants under this section.
(b) Priority for award of grants
(1) In general
In awarding grants under subsection (a), the Secretary shall give priority to eligible entities that—
(A) propose to target geographic areas with high rates of—
(i) eligible but unenrolled children, including such children who reside in rural areas; or
(ii) racial and ethnic minorities and health disparity populations, including those proposals that address cultural and linguistic barriers to enrollment; and
(B) submit the most demonstrable evidence required under paragraphs (1) and (2) of subsection (c).
(2) Ten percent set aside for outreach to Indian children
An amount equal to 10 percent of the funds appropriated under subsection (g) shall be used by the Secretary to award grants to Indian Health Service providers and urban Indian organizations receiving funds under title V of the Indian Health Care Improvement Act (25 U.S.C. 1651 et seq.) for outreach to, and enrollment of, children who are Indians.
(c) Application
An eligible entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary in such form and manner, and containing such information, as the Secretary may decide. Such application shall include—
(1) evidence demonstrating that the entity includes members who have access to, and credibility with, ethnic or low-income populations in the communities in which activities funded under the grant are to be conducted;
(2) evidence demonstrating that the entity has the ability to address barriers to enrollment, such as lack of awareness of eligibility, stigma concerns and punitive fears associated with receipt of benefits, and other cultural barriers to applying for and receiving child health assistance or medical assistance;
(3) specific quality or outcomes performance measures to evaluate the effectiveness of activities funded by a grant awarded under this section; and
(4) an assurance that the eligible entity shall—
(A) conduct an assessment of the effectiveness of such activities against the performance measures;
(B) cooperate with the collection and reporting of enrollment data and other information in order for the Secretary to conduct such assessments; and
(C) in the case of an eligible entity that is not the State, provide the State with enrollment data and other information as necessary for the State to make necessary projections of eligible children and pregnant women.
(d) Dissemination of enrollment data and information determined from effectiveness assessments; annual report
The Secretary shall—
(1) make publicly available the enrollment data and information collected and reported in accordance with subsection (c)(4)(B); and
(2) submit an annual report to Congress on the outreach and enrollment activities conducted with funds appropriated under this section.
(e) Maintenance of effort for States awarded grants; no match required for any eligible entity awarded a grant
(1) State maintenance of effort
In the case of a State that is awarded a grant under this section, the State share of funds expended for outreach and enrollment activities under the State child health plan shall not be less than the State share of such funds expended in the fiscal year preceding the first fiscal year for which the grant is awarded.
(2) No matching requirement
No eligible entity awarded a grant under subsection (a) shall be required to provide any matching funds as a condition for receiving the grant.
(f) Definitions
In this section:
(1) Eligible entity
The term “eligible entity” means any of the following:
(A) A State with an approved child health plan under this subchapter.
(B) A local government.
(C) An Indian tribe or tribal consortium, a tribal organization, an urban Indian organization receiving funds under title V of the Indian Health Care Improvement Act (25 U.S.C. 1651 et seq.), or an Indian Health Service provider.
(D) A Federal health safety net organization.
(E) A national, State, local, or community-based public or nonprofit private organization, including organizations that use community health workers, community-based doula programs, or parent mentors.
(F) A faith-based organization or consortia, to the extent that a grant awarded to such an entity is consistent with the requirements of section 300x–65 of this title relating to a grant award to nongovernmental entities.
(G) An elementary or secondary school.
(2) Federal health safety net organization
The term “Federal health safety net organization” means—
(A) a Federally-qualified health center (as defined in section 1396d(l)(2)(B) of this title);
(B) a hospital defined as a disproportionate share hospital for purposes of section 1396r–4 of this title;
(C) a covered entity described in section 256b(a)(4) of this title; and
(D) any other entity or consortium that serves children under a federally funded program, including the special supplemental nutrition program for women, infants, and children (WIC) established under section 1786 of this title, the Head Start and Early Head Start programs under the Head Start Act (42 U.S.C. 9801 et seq.),1 the school lunch program established under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.], and an elementary or secondary school.
(3) Indians; Indian tribe; tribal organization; urban Indian organization
The terms “Indian”, “Indian tribe”, “tribal organization”, and “urban Indian organization” have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).
(4) Community health worker
The term “community health worker” means an individual who promotes health or nutrition within the community in which the individual resides—
(A) by serving as a liaison between communities and health care agencies;
(B) by providing guidance and social assistance to community residents;
(C) by enhancing community residents’ ability to effectively communicate with health care providers;
(D) by providing culturally and linguistically appropriate health or nutrition education;
(E) by advocating for individual and community health or nutrition needs; and
(F) by providing referral and followup services.
(5) Parent mentor
The term “parent mentor” means an individual who—
(A) is a parent or guardian of at least one child who is an eligible child under this subchapter or subchapter XIX; and
(B) is trained to assist families with children who have no health insurance coverage with respect to improving the social determinants of the health of such children, including by providing—
(i) education about health insurance coverage, including, with respect to obtaining such coverage, eligibility criteria and application and renewal processes;
(ii) assistance with completing and submitting applications for health insurance coverage;
(iii) a liaison between families and representatives of State plans under subchapter XIX or State child health plans under this subchapter;
(iv) guidance on identifying medical and dental homes and community pharmacies for children; and
(v) assistance and referrals to successfully address social determinants of children’s health, including poverty, food insufficiency, and housing.
(g) Appropriation
There is appropriated, out of any money in the Treasury not otherwise appropriated, $140,000,000 for the period of fiscal years 2009 through 2015, $40,000,000 for the period of fiscal years 2016 and 2017,,2 $120,000,000 for the period of fiscal years 2018 through 2023, and $48,000,000 for the period of fiscal years 2024 through 2027, for the purpose of awarding grants under this section. Amounts appropriated and paid under the authority of this section shall be in addition to amounts appropriated under section 1397dd of this title and paid to States in accordance with section 1397ee of this title, including with respect to expenditures for outreach activities in accordance with subsections (a)(1)(D)(iii) and (c)(2)(C) of that section.
(h) National enrollment campaign
From the amounts made available under subsection (a)(2), the Secretary shall develop and implement a national enrollment campaign to improve the enrollment of underserved child populations in the programs established under this subchapter and subchapter XIX. Such campaign may include—
(1) the establishment of partnerships with the Secretary of Education and the Secretary of Agriculture to develop national campaigns to link the eligibility and enrollment systems for the assistance programs each Secretary administers that often serve the same children;
(2) the integration of information about the programs established under this subchapter and subchapter XIX in public health awareness campaigns administered by the Secretary;
(3) increased financial and technical support for enrollment hotlines maintained by the Secretary to ensure that all States participate in such hotlines;
(4) the establishment of joint public awareness outreach initiatives with the Secretary of Education and the Secretary of Labor regarding the importance of health insurance to building strong communities and the economy;
(5) the development of special outreach materials for Native Americans or for individuals with limited English proficiency;
(6) the development of materials and toolkits and the provision of technical assistance to States regarding enrollment and retention strategies for eligible children under this subchapter and subchapter XIX; and
(7) such other outreach initiatives as the Secretary determines would increase public awareness of the programs under this subchapter and subchapter XIX.
(Aug. 14, 1935, ch. 531, title XXI, § 2113, as added Pub. L. 111–3, title II, § 201(a), Feb. 4, 2009, 123 Stat. 35; amended Pub. L. 111–148, title X, § 10203(d)(2)(E), Mar. 23, 2010, 124 Stat. 931; Pub. L. 114–10, title III, § 303, Apr. 16, 2015, 129 Stat. 158; Pub. L. 115–120, div. C, § 3004(a), (b), Jan. 22, 2018, 132 Stat. 36; Pub. L. 115–123, div. E, title I, § 50103, Feb. 9, 2018, 132 Stat. 176.)
heading: Editorial Notes
heading: References in Text
text: The Indian Health Care Improvement Act, referred to in subsecs. (b)(2) and (f)(1)(C), is Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400. Title V of the Act is classified generally to subchapter IV (§ 1651 et seq.) of chapter 18 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables.
The Head Start Act, referred to in subsec. (f)(2)(D), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of this title and Tables.
The Richard B. Russell National School Lunch Act, referred to in subsec. (f)(2)(D), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables.
heading: Amendments
text: 2018—Subsec. (a)(1). Pub. L. 115–123, § 50103(a)(1), (b)(1), substituted “paragraphs (2) and (3)” for “paragraph (2)” and “2027” for “2023”.
Pub. L. 115–120, § 3004(a)(1), substituted “2023” for “2017”.
Subsec. (a)(3). Pub. L. 115–123, § 50103(b)(2), added par. (3).
Subsec. (f)(1)(E). Pub. L. 115–120, § 3004(b)(1), substituted “, community-based doula programs, or parent mentors” for “or community-based doula programs”.
Subsec. (f)(5). Pub. L. 115–120, § 3004(b)(2), added par. (5).
Subsec. (g). Pub. L. 115–123, § 50103(a)(2), substituted “, $120,000,000” for “and $120,000,000” and inserted “, and $48,000,000 for the period of fiscal years 2024 through 2027” after “2023”.
Pub. L. 115–120, § 3004(a)(2), substituted “, $40,000,000” for “and $40,000,000” and inserted “, and $120,000,000 for the period of fiscal years 2018 through 2023” after “2017”.
Subsec. (h)(6), (7). Pub. L. 115–123, § 50103(c), added par. (6) and redesignated former par. (6) as (7).
2015—Subsec. (a)(1). Pub. L. 114–10, § 303(1), substituted “2017” for “2015”.
Subsec. (g). Pub. L. 114–10, § 303(2), inserted “and $40,000,000 for the period of fiscal years 2016 and 2017” after “2015”.
2010—Subsec. (a)(1). Pub. L. 111–148, § 10203(d)(2)(E)(i), substituted “2015” for “2013”.
Subsec. (g). Pub. L. 111–148, § 10203(d)(2)(E)(ii), substituted “$140,000,000 for the period of fiscal years 2009 through 2015” for “$100,000,000 for the period of fiscal years 2009 through 2013”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Apr. 1, 2009, and applicable to child health assistance and medical assistance provided on or after that date, with certain exceptions, see section 3 of Pub. L. 111–3, set out as a note under section 1396 of this title.