(Policies in effect on: 1/1/2012)
Our research identified Federal statutes that provide formula grants to states for substance abuse prevention and treatment. The grants include specific directives mandating priority services to pregnant women including the minimum proportion of the grant allocation that must be used for these types of services. These provisions are excerpted below.
FEDERAL CITATIONS AND RELEVANT TEXT EXCERPTS
42 U.S.C. § 300x–21
United States Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER XVII - BLOCK GRANTS
Part B - Block Grants Regarding Mental Health and Substance Abuse
Subpart ii - block grants for prevention and treatment of substance abuse
§ 300x–21. Formula grants to States
(a) In general
For the purpose described in subsection (b) of this section, the Secretary, acting through the Center for Substance Abuse Treatment, shall make an allotment each fiscal year for each State in an amount determined in accordance with section 300x–33 of this title. The Secretary shall make a grant to the State of the allotment made for the State for the fiscal year if the State submits to the Secretary an application in accordance with section 300x–32 of this title.
(b) Authorized activities
A funding agreement for a grant under subsection (a) of this section is that, subject to section 300x–31 of this title, the State involved will expend the grant only for the purpose of planning, carrying out, and evaluating activities to prevent and treat substance abuse and for related activities authorized in section 300x–24 of this title.
42 U.S.C. § 300x–22
United States Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER XVII - BLOCK GRANTS
Part B - Block Grants Regarding Mental Health and Substance Abuse
Subpart ii - block grants for prevention and treatment of substance abuse
§ 300x–22. Certain allocations
* * *
(b) Allocations regarding women
(1) In general
Subject to paragraph (2), a funding agreement for a grant under section 300x–21 of this title for a fiscal year is that—
(A) in the case of a grant for fiscal year 1993, the State involved will expend not less than 5 percent of the grant to increase (relative to fiscal year 1992) the availability of treatment services designed for pregnant women and women with dependent children (either by establishing new programs or expanding the capacity of existing programs);
(B) in the case of a grant for fiscal year 1994, the State will expend not less than 5 percent of the grant to so increase (relative to fiscal year 1993) the availability of such services for such women; and
(C) in the case of a grant for any subsequent fiscal year, the State will expend for such services for such women not less than an amount equal to the amount expended by the State for fiscal year 1994.
(2) Waiver
(A) Upon the request of a State, the Secretary may provide to the State a waiver of all or part of the requirement established in paragraph (1) if the Secretary determines that the State is providing an adequate level of treatments services for women described in such paragraph, as indicated by a comparison of the number of such women seeking the services with the availability in the State of the services.
* * *
(C) Any waiver provided by the Secretary under subparagraph (A) shall be applicable only to the fiscal year involved.
(3) Childcare and prenatal care
A funding agreement for a grant under section 300x–21 of this title for a State is that each entity providing treatment services with amounts reserved under paragraph (1) by the State will, directly or through arrangements with other public or nonprofit private entities, make available prenatal care to women receiving such services and, while the women are receiving the services, childcare.
42 U.S.C. § 300x–27
United States Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER XVII - BLOCK GRANTS
Part B - Block Grants Regarding Mental Health and Substance Abuse
Subpart ii - block grants for prevention and treatment of substance abuse
§ 300x–27. Treatment services for pregnant women
(a) In general
A funding agreement for a grant under section 300x–21 of this title is that the State involved—
(1) will ensure that each pregnant woman in the State who seeks or is referred for and would benefit from such services is given preference in admissions to treatment facilities receiving funds pursuant to the grant; and
(2) will, in carrying out paragraph (1), publicize the availability to such women of services from the facilities and the fact that the women receive such preference.
(b) Referrals regarding States
A funding agreement for a grant under section 300x–21 of this title is that, in carrying out subsection (a)(1) of this section—
(1) the State involved will require that, in the event that a treatment facility has insufficient capacity to provide treatment services to any woman described in such subsection who seeks the services from the facility, the facility refer the woman to the State; and
(2) the State, in the case of each woman for whom a referral under paragraph (1) is made to the State—
(A) will refer the woman to a treatment facility that has the capacity to provide treatment services to the woman; or
(B) will, if no treatment facility has the capacity to admit the woman, make interim services available to the woman not later than 48 hours after the women 1 seeks the treatment services.
42 U.S.C. § 300x–31
United States Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER XVII - BLOCK GRANTS
Part B - Block Grants Regarding Mental Health and Substance Abuse
Subpart ii - block grants for prevention and treatment of substance abuse
§ 300x–31. Restrictions on expenditure of grant
(a) In general
(1) Certain restrictions
A funding agreement for a grant under section 300x–21 of this title is that the State involved will not expend the grant—
(A) to provide inpatient hospital services, except as provided in subsection (b) of this section;
(B) to make cash payments to intended recipients of health services;
(C) to purchase or improve land, purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or purchase major medical equipment;
(D) to satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds;
(E) to provide financial assistance to any entity other than a public or nonprofit private entity; or
(F) to carry out any program prohibited by section 300ee–5 of this title.
(2) Limitation on administrative expenses
A funding agreement for a grant under section 300x–21 of this title is that the State involved will not expend more than 5 percent of the grant to pay the costs of administering the grant.
(3) Limitation regarding penal and correctional institutions
A funding agreement for a State for a grant under section 300x–21 of this title is that, in expending the grant for the purpose of providing treatment services in penal or correctional institutions of the State, the State will not expend more than an amount equal to the amount expended for such purpose by the State from the grant made under section 300x–1a 1 of this title to the State for fiscal year 1991 (as section 300x–1a 1 of this title was in effect for such fiscal year).
(b) Exception regarding inpatient hospital services
(1) Medical necessity as precondition
With respect to compliance with the agreement made under subsection (a) of this section, a State may expend a grant under section 300x–21 of this title to provide inpatient hospital services as treatment for substance abuse only if it has been determined, in accordance with guidelines issued by the Secretary, that such treatment is a medical necessity for the individual involved, and that the individual cannot be effectively treated in a community-based, nonhospital, residential program of treatment.
* * *
(4) Matching funds
The Secretary may grant a waiver under paragraph (1) only if the State agrees, with respect to the costs to be incurred by the State in carrying out the purpose of the waiver, to make available non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided under section 300x–21 of this title.
* * *
42 U.S.C. § 300x–34
United States Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER XVII - BLOCK GRANTS
Part B - Block Grants Regarding Mental Health and Substance Abuse
Subpart ii - block grants for prevention and treatment of substance abuse
§ 300x–34. Definitions
For purposes of this subpart:
(1) The term “authorized activities”, subject to section 300x–31 of this title, means the activities described in section 300x–21(b) of this title.
(2) The term “funding agreement”, with respect to a grant under section 300x–21 of this title to a State, means that the Secretary may make such a grant only if the State makes the agreement involved.
(3) The term “prevention activities”, subject to section 300x–31 of this title, means activities to prevent substance abuse.
(4) The term “substance abuse” means the abuse of alcohol or other drugs.
(5) The term “treatment activities” means treatment services and, subject to section 300x–31 of this title, authorized activities that are related to treatment services.
(6) The term “treatment facility” means an entity that provides treatment services.
(7) The term “treatment services”, subject to section 300x–31 of this title, means treatment for substance abuse.
42 U.S.C. § 300x–53
United States Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER XVII - BLOCK GRANTS
Part B - Block Grants Regarding Mental Health and Substance Abuse
Subpart iii - general provisions
§ 300x–53. Additional requirements
* * *
(b) Patient records
The Secretary may make a grant under section 300x or 300x–21 of this title only if the State involved has in effect a system to protect from inappropriate disclosure patient records maintained by the State in connection with an activity funded under the program involved or by any entity which is receiving amounts from the grant.
Source for all citations on this page: FDsys, the Federal Digital System of the U.S. Government Printing Office (GPO).
Excerpts from the United States Code are current as of 2011. Excerpts from the Code of Federal Regulations are current as of 2012. Excerpts from Public Laws of Congress are current as of the year of enactment.
The GPO’s Public Domain/Copyright Notice is available under the Policies heading at http://www.gpo.gov/help/index.html .