I 118th CONGRESS 2d Session H. R. 8680 IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Mr. Espaillat (for himself, Mr. Lawler , and Mr. Thanedar ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants to train community mental wellness workers.

1. Short title This Act may be cited as the Community Mental Wellness Worker Training Act . 2. Training community mental wellness workers (a) In general The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, may award grants to eligible entities to implement community mental wellness worker training programs. (b) Use of funds A community mental wellness worker training program implemented pursuant to a grant under this section may include— (1) supporting training, certification, and supervision during and after training of community mental wellness workers and community mental wellness supervisors— (A) to screen for common mental health and substance use conditions; and (B) to deliver evidence-informed, culturally and linguistically competent counseling and interviewing interventions addressing basic psychosocial or psychotherapeutic treatment needs of persons with or at risk for mental and substance use disorders, including safety planning and interventions to reduce suicide risk; and (2) covering costs associated with— (A) the acquisition and use of digital platforms to provide the screening, training, supervision, and ongoing quality assurance monitoring, outcomes evaluation, and delivery of evidence-based treatments; (B) the delivery of counseling and interviewing interventions described in paragraph (1)(B); and (C) the clinical supervision (during and after training) of community mental wellness workers and the certification of such workers upon the completion of required training. (c) Community mental wellness technical assistance center (1) In general The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, may provide appropriate training and technical assistance to grantees under this section in meeting the requirements of this section, including by— (A) consulting with grantees on evidence-based employment practices for community mental wellness workers, including assistance with integrating community wellness workers into the workflows of the grantees and other eligible entities; (B) identifying a diverse array of candidates for community mental wellness worker training; and (C) identifying behavioral health providers who may benefit from and employ community mental wellness workers. (2) Additional dissemination of technical assistance The information and resources provided by the Secretary of Health and Human Resources under paragraph (1) shall, as appropriate, be made available to States, political subdivisions of States, Indian Tribes and Tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), outpatient and inpatient substance use treatment providers, other community-based behavioral health organizations, and other entities as the Secretary determines appropriate. (d) Priority In awarding grants under this section, the Secretary of Health and Human Services shall give priority to eligible entities that are— (1) in a neighborhood with poverty and unemployment rates that exceed the average in the United States; (2) in a medically underserved community; (3) in a neighborhood with substance use rates that exceed the average in the United States; or (4) serving communities with rates of individuals who are dually eligible for both the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) and the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) that exceed the average in the United States. (e) Report (1) Submission The Secretary of Health and Human Services shall submit to the appropriate committees of Congress— (A) not later than one year after the date of enactment of this Act, an interim report on the results of the grant program under this section; and (B) not later than the end of fiscal year 2029, a final report of such results. (2) Contents The reports required by paragraph (1) shall each include— (A) the total number of community mental wellness workers participating in the grant program under this section; and (B) the total number of community mental wellness workers who obtained certification through such participation. (f) Definitions In this section: (1) The term community mental wellness worker means an individual trained and certified by an eligible entity to assist with providing basic screening and evidence-based treatments to persons with a mild to moderate mental health or substance use disorder, including depression, anxiety, post-traumatic stress disorder, and alcohol use disorder. (2) The term culturally and linguistically competent means acknowledging and responsive to cultural differences that might derive from characteristics including— (A) gender; (B) sex; (C) sexual orientation; (D) race or ethnicity; (E) nationality; (F) socioeconomic level; (G) immigration status; (H) disability; (I) Tribal affiliation; and (J) veteran status. (3) The term eligible entity means— (A) a certified community behavioral health clinic (as described in section 223(a) of the Protecting Access to Medicare Act of 2014 ( 42 U.S.C. 1396a note)); (B) a community mental health center (as described in section 1913(c) of the Public Health Services Act ( 42 U.S.C. 300x–2(c) ); (C) a hospital that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (D) such other community behavioral health organizations as the Secretary may specify, in consultation with— (i) State authorities responsible for regulating substance use and mental health providers and facilities identified in an approved State plan or waiver under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) or under section 1915 of such Act ( 42 U.S.C. 1396n ); and (ii) other State substance abuse and mental health agencies. (4) The term medically underserved community has the meaning given to such term in section 799B of the Public Health Service Act ( 42 U.S.C. 295b ). (g) Funding (1) Authorization of appropriations To carry out this Act, there are authorized to appropriated $25,000,000 for each of fiscal years 2025 through 2029. (2) Allocation Of the funds authorized to be appropriation to carry out this section for a fiscal year, $5,000,000 shall be for the provision of training and technical assistance under subsection (c). 3. Malpractice and negligence suits against community behavioral health clinic and community mental health centers (a) In general Except as inconsistent with this subsection, the provisions of section 224 of the Public Health Service Act, ( 42 U.S.C. 233 ), including subsections (g), (h), (i), (j), (k), and (l), shall apply with respect to an entity described in subsection (b) of this section, and any officer, governing board member, employee, or contractor described in subsection (c) of this section, to the same extent and in the same manner as such provisions apply with respect to an entity described in subsection (g)(4) of such section 224, and any officer, governing board member, employee, or contractor of such an entity. (b) Described entities An entity described in this paragraph is an entity that— (1) is an eligible entity (as defined in section 2(f)(3)); and (2) is in receipt of a grant under section 2. (c) Described officers, governing board members, employees, and contractors An officer, governing board member, employee, or contractor is described in this subsection if the person— (1) is— (A) an officer, governing board member, or employee of an entity described in subsection (b); or (B) a contractor of such an entity who is a physician or other licensed or certified health care practitioner; and (2) is participating in the entity’s program funded through a grant under section 2, as indicated in a list submitted pursuant to subsection (d). (d) List required Each entity described in subsection (b) shall submit to the Secretary, and update as necessary, a list of each officer, governing board member, employee, or contractor participating in the entity’s program funded through a grant under section 2. (e) Period of applicability This subsection applies with respect to an entity described in subsection (b), and any officer, governing board member, employee, or contractor described in subsection (c), only with respect to acts and omissions occurring during the period of the grant referred to in subsection (b)(2). (f) Delayed applicability This subsection applies beginning with respect to fiscal year 2025.