Pub. L. 94-63, tit. I, sec. 102

Sec. 102. Effective with respect to grants made under section 314(d) of the Public Health Service Act from appropriations tinder that section for fiscal years beginning after June 30, 1975, section 314(d) of the Public Health Service Act is amended to read as follows: “Comprehensive Public Health Services “(d) (1) From allotments made pursuant to paragraph (4), the Secretary shall make grants to State health and mental health authorities to assist in meeting the costs of providing comprehensive public health services. “(2) No grant may be made under paragraph (1) to the State health or mental health authority of any State unless an application therefor has been submitted to and approved by the Secretary. Such an application shall be submitted in such form and manner and shall contain such information as the Secretary may require, and shall contain or be supported by assurances satisfactory to the Secretary that— “(A) the comprehensive public health services provided within the State will lie provided in accordance with the State plan prepared in accordance with section 1024(c) (2) or the State plan approved under section 314(a), whichever is applicable; “(B) funds received under grants under paragraph (1) will (i) be used to supplement and, to the extent practical, to increase the level of non-Federal funds that would otherwise be made available for the purposes for which the grant funds are provided, and (ii) not be used to supplant such non-Federal funds; “(C) the State health authority, and, with respect to mental health activities, the State mental health authority will— “(i) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds received under grants under paragraph (1); “(ii) from time to time, but not less often than annually, report to the Secretary (through a uniform national reporting system and by such categories as the Secretary may prescribe) a description of the comprehensive public health services provided in the State in the fiscal year for which the grant applied for is made and the amount of funds obligated in such 89 STAT. 305fiscal year for the provision of each such category of services; and “(iii) make such reports (in such form and containing such information as the Secretary may prescribe) as the Secretary may reasonably require, and keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness of, and to verify, such reports; “(D) the State mental health authority will— “(i) establish and carry out a plan which— “(I) is designed to eliminate inappropriate placement in institutions of persons with mental health problems, to insure the availability of appropriate noninstitutional services for such persons, and to improve the quality of care for those with mental health problems for whom institutional care is appropriate; and “(II) shall include fair and equitable arrangements (as determined by the Secretary after consultation with the Secretary of Labor) to protect the interests of employees affected by actions described in subclause (I), including arrangements designed to preserve employee rights and benefits and to provide training and retraining of such employees where necessary and arrangements under which maximum efforts will be made to guarantee the employment of such employees; “(ii) prescribe and provide for the enforcement of mini-mum standards for the maintenance and operation of mental health programs and facilities (including community mental health centers) with the State; and “(iii) provide for assistance to courts and other public agencies and to appropriate private agencies to facilitate (I) screening by community mental health centers (or, if there are no such centers, other appropriate entities) of residents of the State who are being considered for inpatient care in a mental health facility to determine if such care is necessary, and (II) provision of follow up care by community mental health centers (or if there are no such centers, by other appropriate entities) for residents of the State who have been discharged from mental health facilities, “(3) The Secretary shall review annually the activities undertaken by each State with an approved application to determine if the State complied with the assurances provided with the application. The Secretary may not approve, an application submitted under paragraph (2) if the Secretary determines— “(A) that the State for which the application was submitted did not comply with assurances provided with a prior application under paragraph (2), and “(B) that he cannot be assured that the State will comply with the assurances provided with the application under consideration. “(4) For the purpose of determining the total amount of grants that may be made to the State health and mental authorities of each State, the Secretary shall, in each fiscal year and in accordance with regulations, allot the sums appropriated for such year under paragraph (7) among the States on the basis of the population and the financial need of the respective States, The populations of the States shall be determined on the basis of the latest figures for the population of the States available, from the Department of Commerce. 89 STAT. 306 “(5) The Secretary shall determine the amount of any grant under paragraph (1); but the amount of grants made in any fiscal year to the public and mental health authorities of any State may not exceed the amount of the State’s allotment available for obligation in such fiscal year. Payments under such grants may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary. “(6) In any fiscal year— “(A) not less than 15 per centum of a State’s allotment under paragraph (4) shall be made available only for grants under paragraph (1) to the State’s mental health authority for the provision of mental health services; and “(B) not less than— “(i) 70 per centum of the amount of a State’s allotment which is made available for grants to the mental health authority, and “(ii) 70 per centum of the remainder of the State’s allotment, shall be available only for the provision services in communities of the State. “(7) (A) For payments under grants under paragraph (1) there are authorized to be appropriated $100,000,000 for fiscal year 1976, and $110,000,000 for fiscal year 1977. “(B) For payments under grants under paragraph (1) for establishing and maintaining programs, described in applications under paragraph (2), for the screening, detection, diagnosis, prevention, and referral for treatment of hypertension there are authorized to be appropriated $15,000,000 for fiscal year 1976, and $15,000,000 for fiscal year 1977.”.