Improving Access to Tele-Behavioral Health Services Act
Bill: S.3688 | Sponsor: Sen. Warnock, Raphael G. (D-GA)
Policy area: Health

Summary:
Improving Access to Tele-Behavioral Health Services Act
This bill requires the Substance Abuse and Mental Health Services Administration to award grants for community-based mental health services, substance-use disorder services, and peer support services, with a particular focus on services provided virtually. Eligible grantees include health departments, law enforcement or first responder agencies, behavioral health programs, nonprofits, and institutions of higher education.

To authorize the Secretary of Health and Human Services, acting through 
the Director of the Center for Mental Health Services of the Substance 
   Abuse and Mental Health Services Administration, to award grants, 
   contracts, or cooperative agreements to facilitate the funding of 
 community-based mental health and substance use disorder services and 
             peer support programs, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Access to Tele-Behavioral 
Health Services Act''.

SEC. 2. AWARDS FOR COMMUNITY-BASED MENTAL HEALTH AND SUBSTANCE USE 
              DISORDER SERVICES AND PEER SUPPORT PROGRAMS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services 
(referred to in this section as the ``Secretary''), acting through the 
Director of the Center for Mental Health Services of the Substance 
Abuse and Mental Health Services Administration, shall establish a 
program (in this Act referred to as the ``Program'') to facilitate the 
funding of community-based mental health and substance use disorder 
services and peer support programs, including services provided 
virtually.
    (b) Award Authority.--In carrying out the Program, the Secretary 
shall award grants, contracts, or cooperative agreements in accordance 
with this section.
    (c) Eligible Recipients.--The Secretary may make an award under the 
Program to an eligible recipient determined by the Secretary to be 
authorized and capable of carrying out a project described in 
subsection (d).
    (d) Use of Funds.--Funds awarded under the Program may be used to--
            (1) identify and coordinate care between programs that 
        provide access to community-based mental health and substance 
        use disorder services for juveniles and assist in the 
        coordination of such services;
            (2) identify and coordinate care between programs that 
        provide access to community-based mental health and substance 
        use disorder services for adults and assist in the coordination 
        of such services;
            (3) obtain technology required to provide community-based 
        mental health and substance use disorder services virtually, 
        through audio or video telehealth services;
            (4) compensate a health care provider or a peer specialist 
        for the provision of community-based mental health and 
        substance use disorder services, including services provided 
        virtually;
            (5) provide education assistance to an individual seeking 
        certification as a peer specialist;
            (6) provide for workforce development, recruitment, and 
        retention activities, to train, recruit, and retain peer 
        specialists;
            (7) support the provision of peer specialist-facilitated 
        mental health and substance use disorder support services on a 
        virtual platform by an entity that, prior to the award, was 
        providing such services in-person; or
            (8) expand or improve virtual, peer specialist-facilitated 
        mental health and substance use disorder support services 
        carried out by the entity prior to the date of enactment of 
        this Act.
    (e) Applications.--To be eligible for an award under the Program, 
an eligible recipient shall submit to the Secretary an application in 
such form, at such time, and containing such information as the 
Secretary determines to be appropriate.
    (f) Guidance.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall issue guidance on the 
requirements an eligible recipient shall take to provide community-
based mental health and substance use disorder services.
    (g) Supplement Not Supplant.--Federal funds awarded to an eligible 
recipient pursuant to the Program shall be used to supplement, but not 
supplant, any other Federal, State, or local funds available to such 
eligible recipient.
    (h) Report.--
            (1) Report.--Not later than 90 days after the date on which 
        funds are distributed under the Program, and annually 
        thereafter, the Secretary shall submit to Congress a report on 
        the Program that includes--
                    (A) the number of awards made under the Program;
                    (B) the physical location of each awardee selected 
                under the Program;
                    (C) the amount requested and amount awarded for 
                each award under the Program; and
                    (D) whether funds were used during the COVID-19 
                public health emergency.
            (2) Publication requirement.--On the date on which a report 
        is submitted under paragraph (1) or (2), the Secretary shall 
        publish such report on the website of the Department of Health 
        and Human Services.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the Program $5,000,000 for each of fiscal 
years 2023 through 2027.
    (j) Definitions.--In this section:
            (1) COVID-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means the public health emergency 
        declared by the Secretary of Health and Human Services under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d) 
        on January 27, 2020, with respect to COVID-19.
            (2) Eligible recipient.--The term ``eligible recipient'' 
        means--
                    (A) a department of health or a department of 
                public health, in coordination with a State;
                    (B) a nonprofit health program that primarily 
                serves individuals with mental health or substance 
                abuse disorders;
                    (C) community-based nonprofit entity, that is a 
                consumer-controlled and is certified in accordance with 
                applicable State law to deliver peer specialist support 
                services at a State or local level;
                    (D) an institution of higher education (as defined 
                in section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001)), providing service learning and civic-
                engagement courses for peer specialist training;
                    (E) a State or local law enforcement agency or 
                other State first responder agency; or
                    (F) an Indian Tribe or Tribal organization.
            (3) Health care provider.--The term ``health care 
        provider'' means a certified provider who provides mental 
        health and substance use disorder services.
            (4) Indian tribe; tribal organization.--The terms ``Indian 
        Tribe'' and ``Tribal organization'' have the meanings given the 
        terms ``Indian tribe'' and ``tribal organization'' in section 4 
        of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 5304).
            (5) Peer specialist.--The term ``peer specialist'' 
        includes--
                    (A) a certified peer specialist;
                    (B) a peer recovery specialist; and
                    (C) a recovery coach.
            (6) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, or any commonwealth, 
        territory, or possession of the United States, or an Indian 
        Tribe.
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