117th CONGRESS 2d Session |
To amend title XIX of the Public Health Service Act to make certain improvements with respect to block grants for substance use prevention, treatment, and recovery services, and for other purposes.
March 28, 2022
Mr. Tonko (for himself, Mr. Guthrie, Ms. Wild, and Mr. McKinley) introduced the following bill; which was referred to the Committee on Energy and Commerce
To amend title XIX of the Public Health Service Act to make certain improvements with respect to block grants for substance use prevention, treatment, and recovery services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Substance Use Prevention, Treatment, and Recovery Services Block Grant Act of 2022”.
SEC. 2. Eliminating stigmatizing language relating to substance use.
(a) Block Grants for Prevention and Treatment of Substance Use.—Part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.) is amended—
(1) in the part heading, by striking “Substance Abuse” and inserting “Substance Use”;
(2) in subpart II, by amending the subpart heading to read as follows: “Block grants for substance use prevention, treatment, and recovery services”;
(3) in section 1922(a) (42 U.S.C. 300x–22(a))—
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking “substance abuse” and inserting “substance use disorders”; and
(B) by striking “such abuse” each place it appears in paragraphs (1) and (2) and inserting “such use”;
(4) in section 1923 (42 U.S.C. 300x–23)—
(A) in the section heading, by striking “Substance Abuse” and inserting “Substance Use”; and
(B) by striking “drug abuse” each place it appears in subsections (a) and (b) and inserting “substance use disorders”;
(5) in section 1925(a)(1) (42 U.S.C. 300x–25(a)(1)), by striking “alcohol or drug abuse” and inserting “alcohol or other substance use disorders”;
(6) in section 1926(b)(2)(B) (42 U.S.C. 300x–26(b)(2)(B)), by striking “substance abuse”;
(7) in section 1931(b)(2) (42 U.S.C. 300x–31(b)(2)), by striking “substance abuse” and inserting “substance use disorders”;
(8) in section 1933(d)(1) (42 U.S.C. 300x–33(d)), in the matter following subparagraph (B), by striking “abuse of alcohol and other drugs” and inserting “use of substances”;
(9) by amending paragraph (4) of section 1934 (42 U.S.C. 300x–34) to read as follows:
“(4) The term ‘substance use disorder’ means the recurrent use of alcohol or other drugs that causes clinically significant impairment.”;
(10) in section 1935 (42 U.S.C. 300x–35)—
(A) in subsection (a), by striking “substance abuse” and inserting “substance use disorders”; and
(B) in subsection (b)(1), by striking “substance abuse” each place it appears and inserting “substance use disorders”;
(11) in section 1949 (42 U.S.C. 300x–59), by striking “substance abuse” each place it appears in subsections (a) and (d) and inserting “substance use disorders”;
(12) in section 1954(b)(4) (42 U.S.C. 300x–64(b)(4))—
(A) by striking “substance abuse” each place it appears and inserting “substance use disorders”; and
(B) by striking “such abuse” and inserting “such disorders”;
(13) in section 1955 (42 U.S.C. 300x–65), by striking “substance abuse” each place it appears and inserting “substance use disorder”; and
(14) in section 1956 (42 U.S.C. 300x–66), by striking “substance abuse” each place it appears and inserting “substance use disorders”.
(b) Certain programs regarding mental health and substance abuse.—Part C of title XIX of the Public Health Service Act (42 U.S.C. 300y et seq.) is amended—
(1) in the part heading, by striking “Substance Abuse” and inserting “Substance Use”;
(2) in section 1971 (42 U.S.C. 300y), by striking “substance abuse” each place it appears in subsections (a), (b), and (f) and inserting “substance use”; and
(3) in section 1976 (42 U.S.C. 300y–11), by striking “intravenous abuse” and inserting “intravenous use”.
SEC. 3. Authorized activities.
Section 1921(b) of the Public Health Service Act (42 U.S.C. 300x–21(b)) is amended by striking “prevent and treat substance use disorders” and inserting “prevent, treat, and provide recovery support services for substance use disorders”.
SEC. 4. Requirements relating to certain infectious diseases and human immunodeficiency virus.
Section 1924 of the Public Health Service Act (42 U.S.C. 300x–24) is amended—
(1) in the section heading, by striking “Tuberculosis and Human Immunodeficiency Virus” and inserting “Tuberculosis, Viral Hepatitis, and Human Immunodeficiency Virus”;
(2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
“(1) IN GENERAL.—A funding agreement for a grant under section 1921 is that the State involved will require that any entity receiving amounts from the grant for operating a program of treatment for substance use disorders—
“(A) will, directly or through arrangements with other public or nonprofit private entities, routinely make available viral hepatitis services to each individual receiving treatment for such disorders; and
“(B) in the case of an individual in need of such treatment who is denied admission to the program on the basis of the lack of the capacity of the program to admit the individual, will refer the individual to another provider of viral hepatitis services.
“(2) VIRAL HEPATITIS SERVICES.—For purposes of paragraph (1), the term ‘viral hepatitis services’, with respect to an individual, means—
“(A) screening the individual for viral hepatitis; and
“(B) referring the individual to a provider specializing in viral hepatitis treatment.”.
SEC. 5. State plan requirements.
Section 1932(b)(1)(A) is amended—
(1) by redesignating clauses (vi) through (ix) as clauses (vii) through (x), respectively; and
(2) by inserting after clause (v) the following:
“(vi) provides a description of—
“(I) the State’s comprehensive statewide recovery support services activities, including the number of individuals being served, target populations, and priority needs; and
“(II) the amount of funds received under this subpart expended on recovery support services;”.
SEC. 6. Updating certain language relating to Tribes.
Section 1933(d) of the Public Health Service Act (300x–33(d)) is amended—
(1) in the subsection heading, by striking “tribes and tribal organizations” and inserting “Tribes and Tribal organizations”;
(i) by striking “of an Indian tribe or tribal organization” and inserting “of an Indian Tribe or Tribal organization”; and
(ii) by striking “such tribe” and inserting “such Tribe”;
(i) by striking “tribe or tribal organization” and inserting “Tribe or Tribal organization”; and
(ii) by striking “Secretary under this” and inserting “Secretary under this subpart”; and
(C) in the matter following subparagraph (B), by striking “tribe or tribal organization” and inserting “Tribe or Tribal organization”;
(3) by amending paragraph (2) to read as follows:
“(2) INDIAN TRIBE OR TRIBAL ORGANIZATION AS GRANTEE.—The amount reserved by the Secretary on the basis of a determination under this subsection shall be granted to the Indian Tribe or Tribal organization serving the individuals for whom such a determination has been made.”;
(4) in paragraph (3), by striking “tribe or tribal organization” and inserting “Tribe or Tribal organization”; and
(A) in the paragraph heading, by striking “Definition” and inserting “Definitions”; and
(B) by striking “The terms” and all that follows through “given such terms” and inserting the following: “The terms ‘Indian Tribe’ and ‘Tribal organization’ have the meanings given the terms ‘Indian tribe’ and ‘tribal organization’”.
SEC. 7. Block grants for substance use prevention, treatment, and recovery services.
(a) In general.—Section 1935(a) of the Public Health Service Act (42 U.S.C. 300x–35(a)), as amended by section 2, is further amended by striking “appropriated” and all that follows through “2022..” and inserting the following: “appropriated $1,908,079,000 for each of fiscal years 2023 through 2027.”.
(b) Technical corrections.—Section 1935(b)(1)(B) of the Public Health Service Act (42 U.S.C. 300x–35(b)(1)(B)) is amended by striking “the collection of data in this paragraph is”.
SEC. 8. Study on assessment for use in distribution of limited State resources.
(a) In general.—The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use (in this section referred to as the “Secretary”), shall, in consultation with States and other local entities providing prevention, treatment, or recovery support services related to substance use, conduct a study to develop a model needs assessment process for States to consider to help determine how best to allocate block grant funding received under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x–21) to provide services to substance use disorder prevention, treatment, and recovery support. The study must include cost estimates with each model needs assessment process.
(b) Report.—Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report on the results of the study conducted under paragraph (1).