ASSIST Act

I 116TH CONGRESS 2D SESSION H. R. 8942 To amend the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to schools and school-based health centers to increase the number of behavioral health care providers in such schools and health centers, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 10, 2020 Mr. KENNEDY (for himself and Mr. FERGUSON) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to schools and school-based health centers to in- crease the number of behavioral health care providers in such schools and health centers, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Advancing Student 4 Services In Schools Today Act’’ or the ‘‘ASSIST Act’’. 5 VerDate Sep 11 2014 20:10 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8942.IH H8942 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8942 IH SEC. 2. GRANT PROGRAM TO INCREASE THE NUMBER OF 1 BEHAVIORAL HEALTH CARE PROVIDERS IN 2 SCHOOLS AND SCHOOL-BASED HEALTH CEN- 3 TERS. 4 Subpart I of part D of title III of the Public Health 5 Service Act (42 U.S.C. 254b et seq.) is amended by adding 6 at the end the following: 7 ‘‘SEC. 330N. GRANT PROGRAM TO INCREASE BEHAVIORAL 8 HEALTH CARE PROVIDERS IN SCHOOLS AND 9 SCHOOL-BASED HEALTH CENTERS. 10 ‘‘(a) IN GENERAL.—Not later than 3 months after 11 the date of the enactment of this section, the Secretary, 12 in consultation with the Secretary of Education, shall 13 award grants to schools and school-based health centers 14 to increase the number of behavioral health care providers 15 in such schools and health centers. 16 ‘‘(b) APPLICATION.—A school or school-based health 17 center seeking a grant under this section shall submit an 18 application to the Secretary at such time, in such manner, 19 and accompanied by such information as the Secretary 20 may require, including a description of— 21 ‘‘(1) the behavioral health needs of the school 22 or health center; and 23 ‘‘(2) with respect to the student population 24 served by the school or health center, how the school 25 or health center will ensure that the behavioral 26 VerDate Sep 11 2014 20:10 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8942.IH H8942 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8942 IH health care providers increased at the school or 1 health center, and the services administered by such 2 providers, are culturally and linguistically diverse. 3 ‘‘(c) REPORTS.— 4 ‘‘(1) SCHOOLS AND SCHOOL-BASED HEALTH 5 CENTERS.—A school or school-based health center 6 receiving a grant under this section shall submit an 7 annual report to the Secretary accompanied by such 8 information as the Secretary may require, includ- 9 ing— 10 ‘‘(A) the number of behavioral health care 11 providers increased at the school or health cen- 12 ter through the grant; 13 ‘‘(B) the types of services provided by the 14 behavioral health care providers and the effi- 15 cacy of such services; 16 ‘‘(C) the practices used by the school or 17 health center to recruit and retain behavioral 18 health care providers; and 19 ‘‘(D) the rates of retention of behavioral 20 health care providers at the school or health 21 center. 22 ‘‘(2) SECRETARY.—Not later than 18 months 23 after the date of the enactment of this section, and 24 annually thereafter, the Secretary shall submit to 25 VerDate Sep 11 2014 20:10 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8942.IH H8942 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8942 IH Congress a report on the effectiveness of the grants 1 awarded pursuant to this section. 2 ‘‘(d) DEFINITIONS.—In this section: 3 ‘‘(1) BEHAVIORAL HEALTH CARE PROVIDER.— 4 The term ‘behavioral health care provider’ means an 5 individual who is licensed to provide mental and be- 6 havioral health services, including— 7 ‘‘(A) a school counselor; 8 ‘‘(B) a school psychologist or any other 9 psychologist; 10 ‘‘(C) a psychiatrist who specializes in child 11 or adolescent psychiatry; and 12 ‘‘(D) a school social worker. 13 ‘‘(2) SCHOOL.—The term ‘school’ means— 14 ‘‘(A) an elementary school or secondary 15 school (as such terms are defined in section 16 8101 of the Elementary and Secondary Edu- 17 cation Act of 1965); 18 ‘‘(B) an institution of higher education (as 19 defined in section 101 of the Higher Education 20 Act of 1965); and 21 ‘‘(C) a school operated by the Bureau of 22 Indian Affairs. 23 VerDate Sep 11 2014 20:10 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8942.IH H8942 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8942 IH ‘‘(3) SCHOOL-BASED HEALTH CENTER.—The 1 term ‘school-based health center’ has the meaning 2 given such term in section 399Z–1(a)(3).’’. 3 SEC. 3. INCREASING THE APPLICABLE FMAP FOR STATE 4 EXPENDITURES ATTRIBUTABLE TO CERTAIN 5 BEHAVIORAL HEALTH SERVICES. 6 Section 1905 of the Social Security Act (42 U.S.C. 7 1396d) is amended— 8 (1) in subsection (b), by striking ‘‘and (ff)’’ and 9 inserting ‘‘(ff), and (gg)’’; and 10 (2) by adding at the end the following new sub- 11 section: 12 ‘‘(gg)(1) Notwithstanding any preceding provision of 13 this section, with respect to State expenditures for medical 14 assistance consisting of behavioral health services fur- 15 nished at a school (as defined in section 330N(d) of the 16 Public Health Service Act) or at a school-based health cen- 17 ter (as defined in section 399Z–1(a)(3) of such Act) on 18 or after the date that is 3 months after the date of the 19 enactment of this subsection, the Federal medical assist- 20 ance percentage otherwise determined under subsection 21 (b) shall, subject to paragraph (2), be equal to 90 percent. 22 ‘‘(2) Paragraph (1) shall not apply in the case of 23 State expenditures described in such paragraph if applica- 24 tion of such paragraph would result in a lower Federal 25 VerDate Sep 11 2014 20:10 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8942.IH H8942 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8942 IH medical assistance percentage for such expenditures than 1 would otherwise apply without application of such para- 2 graph.’’. 3 Æ VerDate Sep 11 2014 20:10 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H8942.IH H8942 pbinns on DSKJLVW7X2PROD with BILLS