114TH 1 CONGRESS S H. R. 2646 - House

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I114TH CONGRESS1ST SESSIONH. R. 2646To make available needed psychiatric, psychological, and supportive servicesfor individuals with mental illness and families in mental health crisis,and for other purposes.IN THE HOUSE OF REPRESENTATIVESJUNE 4, 2015Mr. MURPHY of Pennsylvania (for himself, Ms. EDDIE BERNICE JOHNSON ofTexas, 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) introduced the following bill; which was referred to the Committee on Energyand Commerce, and in addition to the Committees on Ways and Meansand Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisionsas fall within the jurisdiction of the committee concernedA BILLTo make available needed psychiatric, psychological, and supportive services for individuals with mental illness andfamilies in mental health crisis, and for other purposes.1Be it enacted by the Senate and House of Representa-SSpencer on DSK4SPTVN1PROD with BILLS2 tives of the United States of America in Congress assembled,3SECTION 1. SHORT TITLE; TABLE OF CONTENTS.4(a) SHORT TITLE.—This Act may be cited as the5 ‘‘Helping Families in Mental Health Crisis Act of 2015’’.VerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00001Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

21(b) TABLEOFCONTENTS.—The table of contents for2 this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.TITLE I—ASSISTANT SECRETARY FOR MENTAL HEALTH ANDSUBSTANCE USE DISORDERSSec.Sec.Sec.Sec.101.102.103.104.Assistant Secretary for Mental Health and Substance Use Disorders.Transfer of SAMHSA authorities.Reports.Advisory Council on Graduate Medical Education.TITLE II—GRANT REFORM AND 05.National mental health policy laboratory.Innovation grants.Demonstration grants.Early childhood intervention and treatment.Extension of assisted outpatient treatment grant program for individuals with serious mental illness.Sec. 206. Block grants.Sec. 207. Workforce development.Sec. 208. Authorized grants and programs.TITLE III—INTERAGENCY SERIOUS MENTAL ILLNESSCOORDINATING COMMITTEESec. 301. Interagency Serious Mental Illness Coordinating Committee.TITLE IV—HIPAA AND FERPA CAREGIVERSSec. 401. Promoting appropriate treatment for mentally ill individuals by treating their caregivers as personal representatives for purposes ofHIPAA privacy regulations.Sec. 402. Caregivers permitted access to certain education records underFERPA.Sec. 403. Confidentiality of records.TITLE V—MEDICARE AND MEDICAID REFORMSSSpencer on DSK4SPTVN1PROD with BILLSSec. 501. Enhanced Medicaid coverage relating to certain mental health services.Sec. 502. Access to mental health prescription drugs under Medicare and Medicaid.Sec. 503. Elimination of 190-day lifetime limit on coverage of inpatient psychiatric hospital services under Medicare.Sec. 504. Modifications to Medicare discharge planning requirements.Sec. 505. Demonstration programs to improve community mental health services.TITLE VI—RESEARCH BY NATIONAL INSTITUTE OF MENTALHEALTHSec. 601. Increase in funding for certain research. HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00002Fmt 6652Sfmt 6211E:\BILLS\H2646.IHH2646

3TITLE VII—BEHAVIORAL HEALTH INFORMATION TECHNOLOGYSec. 701. Extension of health information technology assistance for behavioraland mental health and substance abuse.Sec. 702. Extension of eligibility for Medicare and Medicaid health informationtechnology implementation assistance.TITLE VIII—SAMHSA REAUTHORIZATION AND REFORMSSubtitle A—Organization and General AuthoritiesSec. 801. In general.Sec. 802. Advisory councils.Sec. 803. Peer review.Subtitle B—Protection and Advocacy for Individuals With Mental IllnessSec. 811. Prohibition against lobbying by systems accepting Federal funds toprotect and advocate the rights of individuals with mental illness.Sec. 812. Ensuring that caregivers of individuals with serious mental illnesshave access to the protected health information of such individuals.Sec. 813. Protection and advocacy activities to focus exclusively on safeguarding rights to be free from abuse and neglect.Sec. 814. Reporting.Sec. 815. Grievance procedure.Sec. 816. Evidence-based treatment for individuals with serious mental illness.TITLE IX—REPORTINGSSpencer on DSK4SPTVN1PROD with BILLSSec. 901. GAO study on preventing discriminatory coverage limitations for individuals with serious mental illness and substance use disorders.1SEC. 2. DEFINITIONS.2In this Act:3(1) Except as inconsistent with the provisions4of this Act, the term ‘‘Assistant Secretary’’ means5the Assistant Secretary for Mental Health and Sub-6stance Use Disorders.7(2) The term ‘‘evidence-based’’ means the con-8scientious, systematic, explicit, and judicious ap-9praisal and use of external, current, reliable, and10valid research findings as the basis for making deci- HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00003Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

41sions about the effectiveness and efficacy of a pro-2gram, intervention, or treatment.5TITLE I—ASSISTANT SECRETARYFOR MENTAL HEALTH ANDSUBSTANCE USE DISORDERS6SEC. 101. ASSISTANT SECRETARY FOR MENTAL HEALTH3478AND SUBSTANCE USE DISORDERS.(a) IN GENERAL.—There shall be in the Department9 of Health and Human Services an official to be known10 as the Assistant Secretary for Mental Health and Sub11 stance Use Disorders, who shall—12(1) report directly to the Secretary;13(2) be appointed by the Secretary of Health14and Human Services, by and with the advice and15consent of the Senate; andSSpencer on DSK4SPTVN1PROD with BILLS16(3) be selected from among individuals who—17(A)(i) have a doctoral degree in medicine18or osteopathic medicine and clinical and re-19search experience in psychiatry;20(ii) graduated from an Accreditation Coun-21cil for Graduate Medical Education-accredited22psychiatric residency program; and23(iii) have an understanding of biological,24psychosocial, and pharmaceutical treatments of25mental illness and substance use disorders; or HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00004Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

51(B) have a doctoral degree in psychology2with—3(i) clinical and research experience re-4garding mental illness and substance use5disorders; and6(ii) an understanding of biological,7psychosocial, and pharmaceutical treat-8ments of mental illness and substance use9disorders.10(b) DUTIES.—The Assistant Secretary shall—11(1) promote, evaluate, organize, integrate, and12coordinate research, treatment, and services across13departments, agencies, organizations, and individ-14uals with respect to the problems of individuals suf-15fering from substance use disorders or mental ill-16ness;17SSpencer on DSK4SPTVN1PROD with BILLS18(2) carry out any functions within the Department of Health and Human Services—19(A) to improve the treatment of, and re-20lated services to, individuals with respect to21substance use disorders or mental illness;22(B) to improve secondary prevention or23tertiary prevention services for such individuals;24(C) to ensure access to effective, evidence-25based treatment for individuals with mental ill- HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00005Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

61nesses and individuals with a substance use dis-2order;3(D) to ensure that grant programs of the4Department adhere to scientific standards with5an emphasis on secondary prevention and ter-6tiary prevention for individuals with serious7mental illness or substance use disorders; and8(E) to develop and implement initiatives to9encourage individuals to pursue careers (espe-10cially in underserved areas and populations) as11psychiatrists, psychologists, psychiatric nurse12practitioners, clinical social workers, and other13licensed mental health professionals specializing14in the diagnosis, evaluation, and treatment of15individuals with severe mental illness, including16individuals—17(i) who are vulnerable to crises, psy-18chotic episodes, or suicidal rumination;19(ii) whose deterioration can be rapid;SSpencer on DSK4SPTVN1PROD with BILLS20or21(iii) who require more frequent con-22tact or integration of a variety of services23by the treating mental health professional;24(3) carry out the administrative and financial25management, policy development and planning, eval- HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00006Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

71uation, knowledge dissemination, and public infor-2mation functions that are required for the implemen-3tation of mental health programs, including block4grants, treatments, and data collection;5(4) conduct and coordinate demonstration6projects, evaluations, and service system assessments7and other activities necessary to improve the avail-8ability and quality of treatment, prevention, and re-9lated services related to substance use disorders and10mental illness;11(5) within the Department of Health and12Human Services, oversee and coordinate all pro-13grams and activities relating to—14(A) the prevention of, or treatment or re-15habilitation for, mental health or substance use16disorders;17(B) parity in health insurance benefits and18conditions relating to mental health and sub-19stance use disorder; orSSpencer on DSK4SPTVN1PROD with BILLS20(C) the reduction of homelessness among21individuals with mental illness;22(6) across the Federal Government, in conjunc-23tion with the Interagency Serious Mental Illness Co-24ordinating Committee under section 501A— HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00007Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

81(A) review all programs and activities re-2lating to the prevention of, or treatment or re-3habilitation for, mental illness or substance use4disorders;5(B) identify any such programs and activi-6ties that are duplicative;7(C) identify any such programs and activi-8ties that are not evidence-based, effective, or ef-9ficient; and10(D) formulate recommendations for ex-11panding, coordinating, eliminating, and improv-12ing programs and activities identified pursuant13to subparagraph (B) or (C) and merging such14programs and activities into other, successful15programs and activities;16(7) identify evidence-based best practices across17the Federal Government for treatment and services18for those with mental health and substance use dis-19orders by reviewing practices for efficiency, effective-20ness, quality, coordination, and cost effectiveness;21SSpencer on DSK4SPTVN1PROD with BILLS22(8) be the head of and supervise the NationalMental Health Policy Laboratory; and23(9) not later than one year after the date of en-24actment of the Helping Families in Mental Health25Crisis Act of 2015, submit to the Congress a report HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00008Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

91containing a nationwide strategy to increase the psy-2chiatric workforce and recruit medical professionals3for the treatment of individuals with serious mental4illness and substance use disorders.5(c) NATIONWIDE STRATEGY.—The Assistant Sec-6 retary shall ensure that the nationwide strategy in the re7 port under subsection (b)(9) is designed—8(1) to encourage and incentivize students en-9rolled in an accredited medical or osteopathic med-10ical school to enter the specialty of psychiatry;11(2) to promote greater research-oriented psy-12chiatrist residency training on evidence-based service13delivery models for individuals with serious mental14illness or substance use disorders;1516(3) to promote appropriate Federal administrative and fiscal mechanisms that support—17(A) evidence-based collaborative care mod-SSpencer on DSK4SPTVN1PROD with BILLS18els; and19(B) the necessary psychiatric workforce ca-20pacity for these models, including psychiatrists21(including child and adolescent psychiatrists),22psychologists, psychiatric nurse practitioners,23clinical social workers, and mental health, peer-24support specialists; HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00009Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

101(4) to increase access to child and adolescent2psychiatric services in order to promote early inter-3vention for prevention and mitigation of mental ill-4ness; and5(5) to identify populations and locations that6are the most underserved by mental health profes-7sionals and the most in need of psychiatrists (includ-8ing child and adolescent psychiatrists), psychologists,9psychiatric nurse practitioners, clinical social work-10ers, and mental health, peer-support specialists.11(d) PRIORITIZATIONOF INTEGRATION OF12 EARLY DIAGNOSIS, INTERVENTION,ANDSERVICES,WORKFORCE13 DEVELOPMENT.—In carrying out the duties described inSSpencer on DSK4SPTVN1PROD with BILLS14 subsection (b), the Assistant Secretary shall prioritize—15(1) the integration of mental health, substance16use, and physical health services for the purpose of17diagnosing, preventing, treating, or providing reha-18bilitation for mental illness or substance use dis-19orders, including any such services provided through20the justice system (including departments of correc-21tion) or other entities other than the Department of22Health and Human Services;23(2) crisis intervention for, early diagnosis and24intervention services for the prevention of, and treat- HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00010Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

111ment and rehabilitation for, serious mental illness or2substance use disorders; and3(3) workforce development for—4(A) appropriate treatment of serious men-5tal illness or substance use disorders; and6(B) research activities that advance sci-7entific and clinical understandings of these dis-8orders, including the development and imple-9mentation of a continuing nationwide strategy10to increase the psychiatric workforce with psy-11chiatrists, child and adolescent psychiatrists,12psychologists, psychiatric nurse practitioners,13clinical social workers, and mental health peer14support specialists.1516(e) REQUIREMENTS AND RESTRICTIONS ON AUTHORITYTO AWARD GRANTS.—In awarding any grant or fi-17 nancial assistance, the Assistant Secretary, and any agen18 cy or official within the Office of the Assistant Secretary,19 shall comply with the following:20(1) The grant or financial assistance shall be21for activities consisting of, or based upon, applied22scientific research.SSpencer on DSK4SPTVN1PROD with BILLS2324(2) Any program to be funded shall be demonstrated— HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00011Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

121(A) in the case of an ongoing program, to2be effective; andSSpencer on DSK4SPTVN1PROD with BILLS3(B) in the case of a new program, to have4the prospect of being effective.5(3) The programs and activities to be funded6shall use evidence-based best practices or emerging7evidence-based best practices that are translational8and can be expanded or replicated to other States,9local communities, agencies, or through the Medicaid10program under title XIX of the Social Security Act.11(4) An application for the grant or financial as-12sistance shall include, as applicable, a scientific jus-13tification based on previously demonstrated models,14the number of individuals to be served, the popu-15lation to be targeted, what objective outcomes meas-16ures will be used, and details on how the program17or activity to be funded can be replicated and by18whom.19(5) Applicants shall be evaluated and selected20through a blind, peer-review process by expert men-21tal health care providers with professional experience22in mental health research or treatment and where23appropriate or necessary professional experience re-24lated to substance abuse and other areas of expertise HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00012Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

SSpencer on DSK4SPTVN1PROD with BILLS131appropriate to the grant or other financial assist-2ance.3(6) No member of a peer-review group con-4ducting a blind, peer-review process, as required by5paragraph (5), may be related to anyone who may6be applying for the type of award being reviewed,7may be a current grant applicant, or may have a fi-8nancial or employment interested in selecting whom9to receive the award.10(7) Award recipients may be periodically re-11viewed and audited at the discretion of the Inspector12General of the Department of Health and Human13Services or the Comptroller General of the United14States to ensure that—15(A) the best scientific method for both16services and data collection is being followed;17and18(B) Federal funds are being used as re-19quired by the conditions of the award and by20applicable guidelines of the NMHPL.21(8) Award recipients that fail an audit or fail22to provide information pursuant to an audit shall23have their awards terminated.24(f) DEFINITIONS.—In this section: HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00013Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

141(1) The term ‘‘secondary prevention’’ means2prevention that is designed to prevent a disease or3condition from occurring among individuals or a4subpopulation determined to be at risk for the dis-5ease or condition.6(2) The term ‘‘tertiary prevention’’ means pre-7vention that is designed to reduce or minimize the8consequences of a disease or condition among indi-9viduals showing symptoms of the disease or condi-1011tion.SEC. 102. TRANSFER OF SAMHSA AUTHORITIES.12(a) IN GENERAL.—The Secretary of Health and13 Human Services shall delegate to the Assistant Secretary14 all duties and authorities that—15(1) as of the day before the date of enactment16of this Act, were vested in the Administrator of the17Substance Abuse and Mental Health Services Ad-18ministration; and1920(2) are not terminated by this Act.(b) TRANSITION.—This section and the amendments21 made by this section apply beginning on the day that is22 6 months after the date of enactment of this Act. As ofSSpencer on DSK4SPTVN1PROD with BILLS23 such day, the Secretary of Health and Human Services24 shall provide for the transfer of the personnel, assets, and25 obligations of the Substance Abuse and Mental Health HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00014Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

151 Services Administration to the Office of the Assistant Sec2 retary.3(c) CONFORMING AMENDMENTS.—Title V of the4 Public Health Service Act (42 U.S.C. 290aa et seq.) is5 amended—6(1) in the title heading, by striking ‘‘SUB-7STANCE ABUSE AND MENTAL HEALTH8SERVICES ADMINISTRATION’’ and insert-9ing ‘‘MENTAL HEALTH AND SUBSTANCE10USE DISORDERS’’;11(2) by amending section 501(a) to read as fol-12lows:13‘‘(a) ASSISTANT SECRETARY.—The Assistant Sec-14 retary for Mental Health and Substance Use Disorders15 shall have the duties and authorities vested in the Assist16 ant Secretary by this title in addition to the duties and17 authorities vested in the Assistant Secretary by section18 501 of the Helping Families in Mental Health Crisis Act19 of 2015 and other provisions of law.’’;20(3) by amending section 501(c) to read as fol-21lows:22‘‘(c) DEPUTY ASSISTANT SECRETARY.—The Assist-SSpencer on DSK4SPTVN1PROD with BILLS23 ant Secretary, with the approval of the Secretary, may ap24 point a Deputy Assistant Secretary and may employ and25 prescribe the functions of such officers and employees, in HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00015Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

161 cluding attorneys, as are necessary to administer the ac2 tivities to be carried out under this title.’’;34(4) by striking subsection (o) (relating to authorization of appropriations);5(5) by striking ‘‘Administrator of the Substance6Abuse and Mental Health Services Administration’’7each place it appears and inserting ‘‘Assistant Sec-8retary for Mental Health and Substance Use Dis-9orders’’;10(6) by striking ‘‘Administrator’’ each place it11appears and inserting ‘‘Assistant Secretary’’, except12where the term ‘‘Administrator’’ appears within the13term—14(A) Associate Administrator;15(B) Administrator of the Health Resources16and Services Administration;17(C) Administrator of the Centers for Medi-18care & Medicaid Services; orSSpencer on DSK4SPTVN1PROD with BILLS19(D) Administrator of the Office of Juvenile20Justice and Delinquency Prevention;21(7) by striking ‘‘Substance Abuse and Mental22Health Services Administration’’ each place it ap-23pears and inserting ‘‘Office of the Assistant Sec-24retary’’; HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00016Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

171(8) in section 502, by striking ‘‘Administration2or Center’’ each place it appears and inserting ‘‘Of-3fice or Center’’;4(9) in section 502, by striking ‘‘Administra-5tion’s’’ and inserting ‘‘Office of the Assistant Sec-6retary’s’’; and7(10) by striking the term ‘‘Administration’’8each place it appears and inserting ‘‘Office of the9Assistant Secretary’’, except in the heading of sec-10tion 520G(b) and where the term ‘‘Administration’’11appears with the term—12(A) Health Resources and Services Admin-13istration; or14(B) National Highway Traffic Safety Ad-1516ministration.(d) REFERENCES.—After executing subsection (a),17 subsection (b), and the amendments made by subsectionSSpencer on DSK4SPTVN1PROD with BILLS18 (c)—19(1) any reference in statute, regulation, or guid-20ance to the Administrator of the Substance Abuse21and Mental Health Services Administration shall be22construed to be a reference to the Assistant Sec-23retary for Mental Health and Substance Use Dis-24orders; and HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00017Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

181(2) any reference in statute, regulation, or guid-2ance to the Substance Abuse and Mental Health3Services Administration shall be construed to be a4reference to the Office of the Assistant Secretary.5SEC. 103. REPORTS.6(a) REPORT7ITY IN8ORDERSSpencer on DSK4SPTVN1PROD with BILLS9ONINVESTIGATIONS REGARDING PAR-MENTAL HEALTHSUBSTANCE USE DIS-ANDBENEFITS.—(1) INGENERAL.—Notlater than 180 days10after the enactment of this Act, and annually there-11after, the Administrator of the Centers for Medicare12& Medicaid Services, in collaboration with the As-13sistant Secretary of Labor of the Employee Benefits14Security Administration and the Secretary of the15Treasury, and in consultation with the Assistant16Secretary for Mental Health and Substance Use17Disorders, shall submit to the Congress a report—18(A) identifying Federal investigations con-19ducted or completed during the preceding 12-20month period regarding compliance with parity21in mental health and substance use disorder22benefits, including benefits provided to persons23with serious mental illness and substance use24disorders, under the Paul Wellstone and Pete25Domenici Mental Health Parity and Addiction HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00018Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

191Equity Act of 2008 (subtitle B of title V of di-2vision C of Public Law 110–343); and3(B) summarizing the results of such inves-4tigations.5(2) CONTENTS.—Subject to paragraph (3),6each report under paragraph (1) shall include the7following information:8(A) The number of investigations opened9and closed during the covered reporting period.10(B) The benefit classification or classifica-11tions examined by each investigation.12(C) The subject matter or subject matters13of each investigation, including quantitative and14nonquantitative treatment limitations.SSpencer on DSK4SPTVN1PROD with BILLS15(D) A summary of the basis of the final16decision rendered for each investigation.17(3) LIMITATION.—Individually identifiable in-18formation shall be excluded from reports under19paragraph (1) consistent with Federal privacy pro-20tections.21(b) REPORT22PORT23CATION.—BEST PRACTICESFORSPECIALIST PROGRAMS, TRAINING,2425ON(1) INGENERAL.—NotPEER-SUP-ANDlater than 1 year afterthe date of enactment of this Act, and biannually HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015CERTIFI-Jkt 049200PO 00000Frm 00019Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

201thereafter, the Assistant Secretary shall submit to2the Congress and make publicly available a report on3best practices and professional standards in States4for—5(A) establishing and operating health care6programs using peer-support specialists; andSSpencer on DSK4SPTVN1PROD with BILLS7(B) training and certifying peer-support8specialists.9(2) PEER-SUPPORTSPECIALIST DEFINED.—In10this subsection, the term ‘‘peer-support specialist’’11means an individual who—12(A) uses his or her lived experience of re-13covery from mental illness or substance abuse,14plus skills learned in formal training, to facili-15tate support groups, and to work on a one-on-16one basis, with individuals with a serious men-17tal illness or a substance use disorder, in con-18sultation with and under the supervision of a li-19censed mental health or substance use treat-20ment professional;21(B) has been an active participant in men-22tal health or substance use treatment for at23least the preceding 2 years;24(C) does not provide direct medical serv-25ices; and HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00020Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

211(D) does not perform services outside of2his or her area of training, expertise, com-3petence, or scope of practice.4(3) CONTENTS.—Each report under this sub-5section shall include information on best practices6and standards with regard to the following:7(A) Hours of formal work or volunteer ex-8perience related to mental health and substance9use issues.10(B) Types of peer specialist exams re-11quired.12(C) Code of ethics.13(D) Additional training required prior to14certification, including in areas such as—15(i) psychopharmacology;16(ii) integrating physical medicine and17mental health supportive services;18(iii) ethics;19(iv) scope of practice;20(v) crisis intervention;21(vi) identification and treatment of22mental health disorders;SSpencer on DSK4SPTVN1PROD with BILLS23(vii) State confidentiality laws; HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00021Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

221(viii) Federal privacy protections, in-2cluding under the Health Insurance Port-3ability and Accountability Act of 1996; and4(ix) other areas as determined by the5Assistant Secretary.6(E) Requirements to explain what, where,7when, and how to accurately complete all re-8quired documentation activities.9(F) Required or recommended skill sets,10including—11(i) identifying consumer risk indica-12tors, including individual stressors, trig-13gers, and indicators of escalating 7(iii) explaining basic suicide preven-18SSpencer on DSK4SPTVN1PROD with BILLSexplainingtion concepts and techniques;19(iv) identifying indicators that the20consumer may be experiencing abuse or ne-21glect;22(v) identifying and responding appro-23priately to personal stressors, triggers, and24indicators; HR 2646 IHVerDate Sep 11 201403:24 Jun 09, 2015Jkt 049200PO 00000Frm 00022Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

231(vi) identifying the consumer’s current2stage of change or recovery;3(vii) explaining the typical process4that should be followed to access or partici-5pate in community mental health and re-6lated services; and7(viii) identifying circumstances when8it is appropriate to request assistance from9other professionals to help meet the con-10sumer’s recovery goals.11(G) Requirements for continuing education12credits annually.1314(c) REPORT ON THE STATE OF THE STATES IN MENTALHEALTH AND SUBSTANCE USE TREATMENT.—SSpencer on DSK4SPTVN1PROD with BILLS15(1) INGENERAL.—Notlater than 1 year after16the date of enactment of this Act, and not less than17every 2 years thereafter, the Assistant Secretary18shall submit to the Congress and make available to19the public a report on the state of the States in20mental health and substance use treatment, includ-21ing the following:22(A) A detailed report on how Federal men-23tal health and substance use treatment funds24are used in each State including: HR 2646 IHVerDate Sep 11 201407:09 Jun 05, 2015Jkt 049200PO 00000Frm 00023Fmt 6652Sfmt 6201E:\BILLS\H2646.IHH2646

241(i) The numbers of individuals with2serious mental illness or substance use dis-3orders who are served with Federal funds.4(ii) The types of programs made avail-5able to individuals with serious mental ill-6ness or substance use disorders.7(B) A summary of best practice models in8the States highlighting programs that are cost9effective, provide evidence-based care, increase10access to care, integrate physical, psychiatric,11psychological, and behavioral medicine, and im-12prove outcomes for individuals with mental ill-13ness or substance use disorders.14(C) A statistical report of outcome meas-15ures in each State, including—SSpencer on DSK4SPTVN1PROD with BILLS16(i) rates of suicide, suicide attempts,17substance18deaths, emergency psychiatric hospitaliza-19tions, and emergency room boarding; andabuse,overdose,20(ii) for those with mental illness, ar-21rests, incarcerations, victimization, home-22lessness, joblessness, employment, and en-23rollment in educational or vocational pro-24grams. HR 2646 IHVerDate Sep 11 2014overdose07:09 Jun 05, 2015Jkt 049200PO 00000Frm 000

4 HR 2646 IH 1 sions about the effectiveness and efficacy of a pro-2 gram, intervention, or treatment. 3 TITLE I—ASSISTANT SECRETARY 4 FOR MENTAL HEALTH AND 5 SUBSTANCE USE DISORDERS 6 SEC. 101. ASSISTANT SECRETARY FOR MENTAL HEALTH 7 AND SUBSTANCE USE DISORDERS. 8 (a) IN GENERAL.—There shall be in the Department 9 of Health and Human Services an official to be known