1. U.S. Code
  2. title 42
  3. chapter 6A
  4. subchapter III-A
  5. part D
  6. § 290dd-2

Collapse to view only § 290dd-2. Confidentiality of records

§ 290dd. Substance abuse among government and other employees
(a) Programs and services
(1) Development
(2) Model programs
(A) In general
(B) Dissemination of information
(b) Deprivation of employment
(1) Prohibition
(2) Application
This subsection shall not apply to employment in—
(A) the Central Intelligence Agency;
(B) the Federal Bureau of Investigation;
(C) the National Security Agency;
(D) any other department or agency of the Federal Government designated for purposes of national security by the President; or
(E) in any position in any department or agency of the Federal Government, not referred to in subparagraphs (A) through (D), which position is determined pursuant to regulations prescribed by the head of such agency or department to be a sensitive position.
(3) Rehabilitation Act
(c) Construction
(July 1, 1944, ch. 373, title V, § 541, formerly Pub. L. 91–616, title III, § 301, Dec. 31, 1970, 84 Stat. 1849, as amended Pub. L. 92–554, Oct. 25, 1972, 86 Stat. 1167; Pub. L. 93–282, title I, § 105(a), May 14, 1974, 88 Stat. 127; Pub. L. 94–371, § 3(a), July 26, 1976, 90 Stat. 1035; Pub. L. 96–180, § 7, Jan. 2, 1980, 93 Stat. 1303; Pub. L. 97–35, title IX, § 962(a), Aug. 13, 1981, 95 Stat. 592; renumbered § 520 of act July 1, 1944, and amended Pub. L. 98–24, § 2(b)(13), Apr. 26, 1983, 97 Stat. 181; Pub. L. 98–509, title III, § 301(c)(2), Oct. 19, 1984, 98 Stat. 2364; renumbered § 541, Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516; Pub. L. 100–607, title VIII, § 813(2), Nov. 4, 1988, 102 Stat. 3170; Pub. L. 100–628, title VI, § 613(2), Nov. 7, 1988, 102 Stat. 3243; Pub. L. 101–93, § 5(t)(1), Aug. 16, 1989, 103 Stat. 615; Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 366; Pub. L. 114–255, div. B, title VI, § 6001(c)(1), Dec. 13, 2016, 130 Stat. 1203.)

CITE AS: 42 USC 290dd

§ 290dd–1. Admission of substance abusers to private and public hospitals and outpatient facilities
(a) Nondiscrimination
(b) Regulations
(1) In general
(2) Department of Veterans Affairs
(July 1, 1944, ch. 373, title V, § 542, formerly Pub. L. 91–616, title II, § 201, Dec. 31, 1970, 84 Stat. 1849, as amended Pub. L. 96–180, § 6(a), (b)(1), (2)(B), Jan. 2, 1980, 93 Stat. 1302, 1303; Pub. L. 97–35, title IX, §§ 961, 966(d), (e), Aug. 13, 1981, 95 Stat. 592, 595; renumbered § 521 of act July 1, 1944, and amended Pub. L. 98–24, § 2(b)(13), Apr. 26, 1983, 97 Stat. 181; Pub. L. 98–509, title III, § 301(c)(2), Oct. 19, 1984, 98 Stat. 2364; Pub. L. 99–570, title VI, § 6002(b)(1), Oct. 27, 1986, 100 Stat. 3207–158; renumbered § 542, Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516; Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 368; Pub. L. 103–446, title XII, § 1203(a)(2), Nov. 2, 1994, 108 Stat. 4689.)

CITE AS: 42 USC 290dd-1

§ 290dd–2. Confidentiality of records
(a) Requirement
(b) Permitted disclosure
(1) ConsentThe following shall apply with respect to the contents of any record referred to in subsection (a):
(A) Such contents may be used or disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained.
(B) Once prior written consent of the patient has been obtained, such contents may be used or disclosed by a covered entity, business associate, or a program subject to this section for purposes of treatment, payment, and health care operations as permitted by the HIPAA regulations. Any information so disclosed may then be redisclosed in accordance with the HIPAA regulations. Section 17935(c) of this title shall apply to all disclosures pursuant to subsection (b)(1) of this section.
(C) It shall be permissible for a patient’s prior written consent to be given once for all such future uses or disclosures for purposes of treatment, payment, and health care operations, until such time as the patient revokes such consent in writing.
(D)Section 17935(a) of this title shall apply to all disclosures pursuant to subsection (b)(1) of this section.
(2) Method for disclosureWhether or not the patient, with respect to whom any given record referred to in subsection (a) is maintained, gives written consent, the span of such record may be disclosed as follows:
(A) To medical personnel to the extent necessary to meet a bona fide medical emergency.
(B) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any manner.
(C) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor, including the need to avert a substantial risk of death or serious bodily harm. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure.
(D) To a public health authority, so long as such span meets the standards established in section 164.514(b) of title 45, Code of Federal Regulations (or successor regulations) for creating de-identified information.
(c) Use of records in criminal, civil, or administrative contextsExcept as otherwise authorized by a court order under subsection (b)(2)(C) or by the consent of the patient, a record referred to in subsection (a), or testimony relaying the information contained therein, may not be disclosed or used in any civil, criminal, administrative, or legislative proceedings conducted by any Federal, State, or local authority, against a patient, including with respect to the following activities:
(1) Such record or testimony shall not be entered into evidence in any criminal prosecution or civil action before a Federal or State court.
(2) Such record or testimony shall not form part of the record for decision or otherwise be taken into account in any proceeding before a Federal, State, or local agency.
(3) Such record or testimony shall not be used by any Federal, State, or local agency for a law enforcement purpose or to conduct any law enforcement investigation.
(4) Such record or testimony shall not be used in any application for a warrant.
(d) Application
(e) NonapplicabilityThe prohibitions of this section do not apply to any interchange of records—
(1) within the Uniformed Services or within those components of the Department of Veterans Affairs furnishing health care to veterans; or
(2) between such components and the Uniformed Services.
The prohibitions of this section do not apply to the reporting under State law of incidents of suspected child abuse and neglect to the appropriate State or local authorities.
(f) PenaltiesThe provisions of sections 1176 and 1177 of the Social Security Act [42 U.S.C. 1320d–5, 1320d–6] shall apply to a violation of this section to the extent and in the same manner as such provisions apply to a violation of part C of title XI of such Act [42 U.S.C. 1320d et seq.]. In applying the previous sentence—
(1) the reference to “this subsection” in subsection (a)(2) of such section 1176 shall be treated as a reference to “this subsection (including as applied pursuant to section 290dd–2(f) of this title)”; and
(2) in subsection (b) of such section 1176—
(A) each reference to “a penalty imposed under subsection (a)” shall be treated as a reference to “a penalty imposed under subsection (a) (including as applied pursuant to section 290dd–2(f) of this title)”; and
(B) each reference to “no damages obtained under subsection (d)” shall be treated as a reference to “no damages obtained under subsection (d) (including as applied pursuant to section 290dd–2(f) of this title)”.
(g) Regulations
(h) Application to Department of Veterans Affairs
(i) Antidiscrimination
(1) In generalNo entity shall discriminate against an individual on the basis of information received by such entity pursuant to an inadvertent or intentional disclosure of records, or information contained in records, described in subsection (a) in—
(A) admission, access to, or treatment for health care;
(B) hiring, firing, or terms of employment, or receipt of worker’s compensation;
(C) the sale, rental, or continued rental of housing;
(D) access to Federal, State, or local courts; or
(E) access to, approval of, or maintenance of social services and benefits provided or funded by Federal, State, or local governments.
(2) Recipients of Federal funds
(j) Notification in case of breach
(k) DefinitionsFor purposes of this section:
(1) Breach
(2) Business associate
(3) Covered entity
(4) Health care operations
(5) HIPAA regulations
(6) Payment
(7) Public health authority
(8) Treatment
(9) Unsecured protected health information
(July 1, 1944, ch. 373, title V, § 543, formerly Pub. L. 91–616, title III, § 321, Dec. 31, 1970, 84 Stat. 1852, as amended Pub. L. 93–282, title I, § 121(a), May 14, 1974, 88 Stat. 130; Pub. L. 94–371, § 11(a), (b), July 26, 1976, 90 Stat. 1041; Pub. L. 94–581, title I, § 111(c)(1), Oct. 21, 1976, 90 Stat. 2852; renumbered § 522 of act July 1, 1944, and amended Pub. L. 98–24, § 2(b)(13), Apr. 26, 1983, 97 Stat. 181; renumbered § 543, Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516; Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 368; Pub. L. 102–405, title III, § 302(e)(1), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 105–392, title IV, § 402(c), Nov. 13, 1998, 112 Stat. 3588; Pub. L. 116–136, div. A, title III, § 3221(a)–(h), Mar. 27, 2020, 134 Stat. 375–378.)

CITE AS: 42 USC 290dd-2

§ 290dd–2a. Promoting access to information on evidence-based programs and practices
(a) In general
(b) Applications
(1) Application period
(2) Notice
(c) Requirements
(d) Review and rating
(1) In general
(2) System
(3) Public access to metrics and rating
(July 1, 1944, ch. 373, title V, § 543A, as added Pub. L. 114–255, div. B, title VII, § 7002, Dec. 13, 2016, 130 Stat. 1222.)

CITE AS: 42 USC 290dd-2a

§ 290dd–3. Grants for reducing overdose deaths
(a) Establishment
(1) In general
(2) Eligible entity
(3) Subgrants
(4) Prescribing
For purposes of this section, the term “prescribing” means, with respect to a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, the practice of prescribing such drug or device—
(A) in conjunction with an opioid prescription for patients at an elevated risk of overdose, including patients prescribed both an opioid and a benzodiazepine;
(B) in conjunction with an opioid agonist approved under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355] for the treatment of opioid use disorder;
(C) to the caregiver or a close relative of patients at an elevated risk of overdose from opioids; or
(D) in other circumstances in which a provider identifies a patient is at an elevated risk for an intentional or unintentional overdose from heroin or prescription opioid therapies.
(b) Application
To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary, in such form and manner as specified by the Secretary, an application that describes—
(1) the extent to which the area to which the entity will furnish services through use of the grant is experiencing significant morbidity and mortality caused by opioid abuse;
(2) the criteria that will be used to identify eligible patients to participate in such program; and
(3) a plan for sustaining the program after Federal support for the program has ended.
(c) Use of funds
An eligible entity receiving a grant under this section may use amounts under the grant for any of the following activities, but may use not more than 20 percent of the grant funds for activities described in paragraphs (3) and (4):
(1) To establish a program for prescribing a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] for emergency treatment of known or suspected opioid overdose.
(2) To train and provide resources for health care providers and pharmacists on the prescribing of drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose.
(3) To purchase drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, for distribution under the program described in paragraph (1).
(4) To offset the co-payments and other cost sharing associated with drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose.
(5) To establish protocols to connect patients who have experienced an overdose with appropriate treatment, including overdose reversal medications, medication assisted treatment, and appropriate counseling and behavioral therapies.
(d) Improving access to overdose treatment
(1) Information on best practices
(A) Health and Human Services
(B) Defense
(C) Veterans Affairs
(2) Rule of construction
(e) Evaluations by recipients
(f) Reports by the Secretary
(g) Authorization of appropriations
(July 1, 1944, ch. 373, title V, § 544, as added Pub. L. 114–198, title I, § 107(a), July 22, 2016, 130 Stat. 703; amended Pub. L. 117–215, title I, § 103(b)(3)(B), Dec. 2, 2022, 136 Stat. 2263; Pub. L. 117–328, div. FF, title I, §§ 1219(a)(1)–(7)(A), 1262(b)(4), Dec. 29, 2022, 136 Stat. 5670–5672, 5682.)

CITE AS: 42 USC 290dd-3

§ 290dd–4. Program to support coordination and continuation of care for drug overdose patients
(a) In generalThe Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall identify or facilitate the development of best practices for—
(1) emergency treatment of known or suspected drug overdose;
(2) the use of recovery coaches, as appropriate, to encourage individuals who experience a non-fatal overdose to seek treatment for substance use disorder and to support coordination and continuation of care;
(3) coordination and continuation of care and treatment, including, as appropriate, through referrals, of individuals after a drug overdose; and
(4) the provision or prescribing of overdose reversal medication, as appropriate.
(b) Grant establishment and participation
(1) In general
(2) Eligible entityIn this section, the term “eligible entity” means—
(A) a State substance abuse agency;
(B) an Indian Tribe or tribal organization; or
(C) an entity that offers treatment or other services for individuals in response to, or following, drug overdoses or a drug overdose, such as an emergency department, in consultation with a State substance abuse agency.
(3) ApplicationAn eligible entity desiring a grant under this section shall submit an application to the Secretary, at such time and in such manner as the Secretary may require, that includes—
(A) evidence that such eligible entity carries out, or is capable of contracting and coordinating with other community entities to carry out, the activities described in paragraph (4);
(B) evidence that such eligible entity will work with a recovery community organization to recruit, train, hire, mentor, and supervise recovery coaches and fulfill the requirements described in paragraph (4)(A); and
(C) such additional information as the Secretary may require.
(4) Use of grant fundsAn eligible entity awarded a grant under this section shall use such grant funds to—
(A) hire or utilize recovery coaches to help support recovery, including by—
(i) connecting patients to a continuum of care services, such as—(I) treatment and recovery support programs;(II) programs that provide non-clinical recovery support services;(III) peer support networks;(IV) recovery community organizations;(V) health care providers, including physicians and other providers of behavioral health and primary care;(VI) education and training providers;(VII) employers;(VIII) housing services; and(IX) child welfare agencies;
(ii) providing education on overdose prevention and overdose reversal to patients and families, as appropriate;
(iii) providing follow-up services for patients after an overdose to ensure continued recovery and connection to support services;
(iv) collecting and evaluating outcome data for patients receiving recovery coaching services; and
(v) providing other services the Secretary determines necessary to help ensure continued connection with recovery support services, including culturally appropriate services, as applicable;
(B) establish policies and procedures, pursuant to Federal and State law, that address the provision of overdose reversal medication, the administration of all drugs or devices approved or cleared under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and all biological products licensed under section 262 of this title to treat substance use disorder, and subsequent continuation of, or referral to, evidence-based treatment for patients with a substance use disorder who have experienced a non-fatal drug overdose, in order to support long-term treatment, prevent relapse, and reduce recidivism and future overdose; and
(C) establish integrated models of care for individuals who have experienced a non-fatal drug overdose which may include patient assessment, follow up, and transportation to and from treatment facilities.
(5) Additional permissible usesIn addition to the uses described in paragraph (4), a grant awarded under this section may be used, directly or through contractual arrangements, to provide—
(A) all drugs or devices approved or cleared under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and all biological products licensed under section 262 of this title to treat substance use disorders or reverse overdose, pursuant to Federal and State law;
(B) withdrawal and detoxification services that include patient evaluation, stabilization, and preparation for treatment of substance use disorder, including treatment described in subparagraph (A), as appropriate; or
(C) mental health services provided by a certified professional who is licensed and qualified by education, training, or experience to assess the psychosocial background of patients, to contribute to the appropriate treatment plan for patients with substance use disorder, and to monitor patient progress.
(6) PreferenceIn awarding grants under this section, the Secretary shall give preference to eligible entities that meet any or all of the following criteria:
(A) The eligible entity is a critical access hospital (as defined in section 1395x(mm)(1) of this title), a low volume hospital (as defined in section 1395ww(d)(12)(C)(i) of such title), a sole community hospital (as defined in section 1395ww(d)(5)(D)(iii) of such title), or a hospital that receives disproportionate share hospital payments under section 1395ww(d)(5)(F) of this title.
(B) The eligible entity is located in a State with an age-adjusted rate of drug overdose deaths that is above the national overdose mortality rate, as determined by the Director of the Centers for Disease Control and Prevention, or under the jurisdiction of an Indian Tribe with an age-adjusted rate of drug overdose deaths that is above the national overdose mortality rate, as determined through appropriate mechanisms as determined by the Secretary in consultation with Indian Tribes.
(C) The eligible entity demonstrates that recovery coaches will be placed in both health care settings and community settings.
(7) Period of grant
(c) DefinitionsIn this section:
(1) Indian Tribe; tribal organization
(2) Recovery coachthe 1
1 So in original. Probably should be capitalized.
term “recovery coach” means an individual—
(A) with knowledge of, or experience with, recovery from a substance use disorder; and
(B) who has completed training from, and is determined to be in good standing by, a recovery services organization capable of conducting such training and making such determination.
(3) Recovery community organization
(d) Reporting Requirements
(1) Reports by granteesEach eligible entity awarded a grant under this section shall submit to the Secretary an annual report for each year for which the entity has received such grant that includes information on—
(A) the number of individuals treated by the entity for non-fatal overdoses, including the number of non-fatal overdoses where overdose reversal medication was administered;
(B) the number of individuals administered medication-assisted treatment by the entity;
(C) the number of individuals referred by the entity to other treatment facilities after a non-fatal overdose, the types of such other facilities, and the number of such individuals admitted to such other facilities pursuant to such referrals; and
(D) the frequency and number of patients with reoccurrences, including readmissions for non-fatal overdoses and evidence of relapse related to substance use disorder.
(2) Report by Secretary
(e) Privacy
(f) Authorization of appropriations
(Pub. L. 115–271, title VII, § 7081, Oct. 24, 2018, 132 Stat. 4032.)

CITE AS: 42 USC 290dd-4

§ 290ee. Opioid overdose reversal medication access, education, and co-prescribing grant programs
(a) GrantsThe Secretary shall make grants to States, localities, Indian Tribes, and Tribal organizations (as those terms are defined in section 5304 of title 25) to—
(1) implement strategies that increase access to drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] for emergency treatment of known or suspected opioid overdose, as appropriate, pursuant to a standing order;
(2) encourage pharmacies to dispense opioid overdose reversal medication pursuant to a standing order;
(3) encourage health care providers to co-prescribe, as appropriate, drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose;
(4) develop or provide training materials that persons authorized to prescribe or dispense a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose may use to educate the public concerning—
(A) when and how to safely administer such drug or device; and
(B) steps to be taken after administering such drug or device; and
(5) educate the public concerning the availability of drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose without a person-specific prescription.
(b) Certain requirement
(c) Preference in making grantsIn making grants under this section, the Secretary may give preference to States that have a significantly higher rate of opioid overdoses than the national average, and that—
(1) have not implemented standing orders regarding drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose;
(2) authorize standing orders to be issued that permit community-based organizations, substance abuse programs, or other nonprofit entities to acquire, dispense, or administer drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; or
(3) authorize standing orders to be issued that permit police, fire, or emergency medical services agencies to acquire and administer drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose.
(d) Grant terms
(1) Number
(2) Period
(3) LimitationsA State may—
(A) use not more than 10 percent of a grant under this section for educating the public pursuant to subsection (a)(5); and
(B) use not less than 20 percent of a grant under this section to offset cost-sharing for distribution and dispensing of drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose.
(e) Applications
(f) Reporting
(g) Definitions
(h) Authorization of appropriations
(1) In general
(2) Administrative costs
(July 1, 1944, ch. 373, title V, § 545, as added Pub. L. 114–198, title I, § 110(a), July 22, 2016, 130 Stat. 709; amended Pub. L. 117–328, div. FF, title I, § 1220, Dec. 29, 2022, 136 Stat. 5672.)

CITE AS: 42 USC 290ee

§ 290ee–1. First responder training
(a) Program authorized
(b) Application
(1) In general
An entity seeking a grant under this section shall submit an application to the Secretary—
(A) that meets the criteria under paragraph (2); and
(B) at such time, in such manner, and accompanied by such information as the Secretary may require.
(2) Criteria
An entity, in submitting an application under paragraph (1), shall—
(A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program;
(B) describe how the program could be broadly replicated if demonstrated to be effective;
(C) identify the governmental and community agencies with which the entity will coordinate to implement the program; and
(D) describe how the entity will ensure that law enforcement agencies will coordinate with their corresponding State substance abuse and mental health agencies to identify protocols and resources that are available to overdose victims and families, including information on treatment and recovery resources.
(c) Use of funds
An entity shall use a grant received under this section to—
(1) make a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose available to be carried and administered by first responders and members of other key community sectors;
(2) train and provide resources for first responders and members of other key community sectors on carrying and administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose;
(3) establish processes, protocols, and mechanisms for referral to appropriate treatment, which may include an outreach coordinator or team to connect individuals receiving opioid overdose reversal drugs to followup services; and
(4) train and provide resources for first responders and members of other key community sectors on safety around fentanyl, carfentanil, and other dangerous licit and illicit drugs to protect themselves from exposure to such drugs and respond appropriately when exposure occurs.
(d) Technical assistance grants
(e) Geographic distribution
(f) Evaluation
The Secretary shall conduct an evaluation of grants made under this section to determine—
(1) the number of first responders and members of other key community sectors equipped with a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act [
(2) the number of opioid and heroin overdoses reversed by first responders and members of other key community sectors receiving training and supplies of a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, through a grant received under this section;
(3) the number of responses to requests for services by the entity or subgrantee, to opioid and heroin overdose;
(4) the extent to which overdose victims and families receive information about treatment services and available data describing treatment admissions; and
(5) the number of first responders and members of other key community sectors trained on safety around fentanyl, carfentanil, and other dangerous licit and illicit drugs.
(g) Other key community sectors
(h) Authorization of appropriations
(July 1, 1944, ch. 373, title V, § 546, as added Pub. L. 114–198, title II, § 202, July 22, 2016, 130 Stat. 715; amended Pub. L. 115–271, title VII, § 7002, Oct. 24, 2018, 132 Stat. 4007.)

CITE AS: 42 USC 290ee-1

§ 290ee–2. Building communities of recovery
(a) DefinitionIn this section, the term “recovery community organization” means an independent nonprofit organization that—
(1) mobilizes resources within and outside of the recovery community, which may include through a peer support network, to increase the prevalence and quality of long-term recovery from substance use disorders; and
(2) is wholly or principally governed by people in recovery for substance use disorders who reflect the community served.
(b) Grants authorized
(c) Federal share
(d) Use of fundsGrants awarded under subsection (b)—
(1) shall be used to develop, expand, and enhance community and statewide recovery support services; and
(2) may be used to—
(A) build connections between recovery networks, including between recovery community organizations and peer support networks, and with other recovery support services, including—
(i) behavioral health providers;
(ii) primary care providers and physicians;
(iii) educational and vocational schools;
(iv) employers;
(v) housing services;
(vi) child welfare agencies; and
(vii) other recovery support services that facilitate recovery from substance use disorders, including non-clinical community services;
(B) reduce stigma associated with substance use disorders; and
(C) conduct outreach on issues relating to substance use disorders and recovery, including—
(i) identifying the signs of substance use disorder;
(ii) the resources available to individuals with substance use disorder and to families of an individual with a substance use disorder, including programs that mentor and provide support services to children;
(iii) the resources available to help support individuals in recovery; and
(iv) related medical outcomes of substance use disorders, the potential of acquiring an infection commonly associated with illicit drug use, and neonatal abstinence syndrome among infants exposed to opioids during pregnancy.
(e) Special consideration
(f) Authorization of appropriations
(July 1, 1944, ch. 373, title V, § 547, as added Pub. L. 114–198, title III, § 302, July 22, 2016, 130 Stat. 719; amended Pub. L. 115–271, title VII, § 7151, Oct. 24, 2018, 132 Stat. 4057.)

CITE AS: 42 USC 290ee-2

§ 290ee–2a. Peer support technical assistance center
(a) Establishment
(b) FunctionsThe Center established under subsection (a) shall provide technical assistance and support to recovery community organizations and peer support networks, including such assistance and support related to—
(1) training on identifying—
(A) signs of substance use disorder;
(B) resources to assist individuals with a substance use disorder, or resources for families of an individual with a substance use disorder; and
(C) best practices for the delivery of recovery support services;
(2) the provision of translation services, interpretation, or other such services for clients with limited English speaking proficiency;
(3) data collection to support research, including for translational research;
(4) capacity building; and
(5) evaluation and improvement, as necessary, of the effectiveness of such services provided by recovery community organizations.
(c) Best practices
(d) Recovery community organization
(e) Authorization of appropriations
(July 1, 1944, ch. 373, title V, § 547A, as added Pub. L. 115–271, title VII, § 7152, Oct. 24, 2018, 132 Stat. 4058.)

CITE AS: 42 USC 290ee-2a

§ 290ee–3. State demonstration grants for comprehensive opioid abuse response
(a) DefinitionsIn this section:
(1) Dispenser
(2) Prescriber
(3) Prescriber of a schedule II, III, or IV controlled substanceThe term “prescriber of a schedule II, III, or IV controlled substance” does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance—
(A) for use on the premises on which the substance is dispensed;
(B) in a hospital emergency room, when the substance is in short supply;
(C) for a certified opioid treatment program; or
(D) in other situations as the Secretary may reasonably determine.
(4) Schedule II, III, or IV controlled substance
(b) Grants for comprehensive opioid abuse response
(1) In general
(2) PurposesA State receiving a grant under this section shall establish a comprehensive response plan to opioid abuse, which may include—
(A) education efforts around opioid use, treatment, and addiction recovery, including education of residents, medical students, and physicians and other prescribers of schedule II, III, or IV controlled substances on relevant prescribing guidelines, the prescription drug monitoring program of the State described in subparagraph (B), and overdose prevention methods;
(B) establishing, maintaining, or improving a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which may—
(i) provide for data sharing with other States; and
(ii) allow all individuals authorized by the State to write prescriptions for schedule II, III, or IV controlled substances to access the prescription drug monitoring program of the State;
(C) developing, implementing, or expanding prescription drug and opioid addiction treatment programs by—
(i) expanding the availability of treatment for prescription drug and opioid addiction, including medication-assisted treatment and behavioral health therapy, as appropriate;
(ii) developing, implementing, or expanding screening for individuals in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and treating or referring those individuals if clinically appropriate; or
(iii) developing, implementing, or expanding recovery support services and programs at high schools or institutions of higher education;
(D) developing, implementing, and expanding efforts to prevent overdose death from opioid abuse or addiction to prescription medications and opioids; and
(E) advancing the education and awareness of the public, providers, patients, consumers, and other appropriate entities regarding the dangers of opioid abuse, safe disposal of prescription medications, and detection of early warning signs of opioid use disorders.
(3) Application
(4) Use of funds
(5) Priority considerationsIn awarding grants under this section, the Secretary shall, as appropriate, give priority to a State that—
(A)
(i) provides civil liability protection for first responders, health professionals, and family members who have received appropriate training in administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] for emergency treatment of known or suspected opioid overdose; and
(ii) submits to the Secretary a certification by the attorney general of the State that the attorney general has—(I) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who—(aa) have received appropriate training in administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and(bb) may administer a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and(II) concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons;
(B) has a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration;
(C) ensures the capability of data sharing with other States, where applicable, such as by making data available to a prescription monitoring hub;
(D) ensures that data recorded in the prescription drug monitoring program database of the State are regularly updated, to the extent possible;
(E) ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected; and
(F) has in effect one or more statutes or implements policies that maximize use of prescription drug monitoring programs by individuals authorized by the State to prescribe schedule II, III, or IV controlled substances.
(6) Evaluation
(7) States with local prescription drug monitoring programs
(A) In general
(B) Plan for interoperability
(c) Authorization of funding
(July 1, 1944, ch. 373, title V, § 548, as added Pub. L. 114–198, title VI, § 601, July 22, 2016, 130 Stat. 732.)

CITE AS: 42 USC 290ee-3

§ 290ee–3a. Grant program for State and Tribal response to opioid use disorders
(a) In general
(b) Grants program
(1) In general
(2) Minimum allocations
(3) Formula methodology
(A) In generalAt least 30 days before publishing a funding opportunity announcement with respect to grants under this section, the Secretary shall—
(i) develop a formula methodology to be followed in allocating grant funds awarded under this section among grantees, which, where applicable and appropriate based on populations being served by the relevant entity—(I) with respect to allocations for States, gives preference to States whose populations have a prevalence of opioid misuse and use disorders or drug overdose deaths that is substantially higher relative to the populations of other States;(II) with respect to allocations for Tribes and Tribal organizations, gives preferences to Tribes and Tribal organizations (including those applying in partnership with an Urban Indian organization) serving populations with demonstrated need with respect to opioid misuse and use disorders or drug overdose deaths;(III) includes performance assessments for continuation awards; and(IV) ensures that the formula avoids a funding cliff between States with similar overdose mortality rates to prevent funding reductions when compared to prior year allocations, as determined by the Secretary; and
(ii) not later than 30 days after developing the formula methodology under clause (i), submit the formula methodology to—(I) the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate; and(II) the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives.
(B) ReportNot later than two years after December 29, 2022, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that—
(i) assesses how grant funding is allocated to States under this section and how such allocations have changed over time;
(ii) assesses how any changes in funding under this section have affected the efforts of States to address opioid misuse and use disorders and, as applicable and appropriate, stimulant misuse and use disorders; and
(iii) assesses the use of funding provided through the grant program under this section and other similar grant programs administered by the Substance Abuse and Mental Health Services Administration.
(4) Use of fundsGrants awarded under this subsection shall be used for carrying out activities that supplement activities pertaining to opioid misuse and use disorders and, as applicable and appropriate, stimulant misuse and use disorders (including co-occurring substance misuse and use disorders), undertaken by the entities described in paragraph (1), which may include public health-related activities such as the following:
(A) Implementing substance use disorder and overdose prevention activities, including primary prevention activities, and evaluating such activities to identify effective strategies to prevent substance use disorders and overdoses, which may include drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.].
(B) Establishing or improving prescription drug monitoring programs.
(C) Training for health care practitioners, such as best practices for prescribing opioids, pain management, recognizing potential cases of substance use disorders, referral of patients to treatment programs, preventing diversion of controlled substances, and overdose prevention.
(D) Supporting access to and the provision of substance use disorder-related health care services, including—
(i) services provided by federally certified opioid treatment programs;
(ii) services provided in outpatient and residential substance use disorder treatment programs or facilities, including those that utilize medication-assisted treatment, as appropriate; or
(iii) services provided by other appropriate health care providers to treat substance use disorders, including crisis services and services provided in integrated health care settings by appropriate health care providers that treat substance use disorders.
(E) Recovery support services, including—
(i) community-based services that include education, outreach, and peer supports such as peer support specialists and recovery coaches to help support recovery;
(ii) mutual aid recovery programs that support medication-assisted treatment;
(iii) services to address housing needs; or
(iv) services related to supporting families that include an individual with a substance use disorder.
(F) Other public health-related activities, as such entity determines appropriate, related to addressing opioid misuse and use disorders and, as applicable and appropriate, stimulant misuse and use disorders, within such entity, including directing resources in accordance with local needs related to substance use disorders.
(c) Accountability and oversightA State receiving a grant under subsection (b) shall submit to the Secretary a description of—
(1) the purposes for which the grant funds received by the State under such subsection for the preceding fiscal year were expended and a description of the activities of the State under the grant;
(2) the ultimate recipients of amounts provided to the State;
(3) the number of individuals served through the grant; and
(4) such other information as determined appropriate by the Secretary.
(d) Limitations
(e) Indian Tribes and Tribal organizations
(f) Report to CongressNot later than September 30, 2024, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and the Committees on Appropriations of the House of Representatives and the Senate, a report that includes a summary of the information provided to the Secretary in reports made pursuant to subsections (c) and (d), including—
(1) the purposes for which grant funds are awarded under this section;
(2) the activities of the grant recipients; and
(3) each entity that receives a grant under this section, including the funding level provided to such recipient.
(g) Technical assistance
(h) DefinitionsIn this section:
(1) Indian Tribe
(2) Tribal organization
(3) State
(4) Urban Indian organization
(i) Authorization of appropriations
(1) In general
(2) Federal administrative expenses
(3) Set asideOf the amounts made available for each fiscal year to award grants under subsection (b) for a fiscal year, the Secretary shall—
(A) award not more than 5 percent to Indian Tribes and Tribal organizations; and
(B) of the amount remaining after application of subparagraph (A), set aside up to 15 percent for awards to States with the highest age-adjusted rate of drug overdose death based on the ordinal ranking of States according to the Director of the Centers for Disease Control and Prevention.
(Pub. L. 114–255, div. A, title I, § 1003, Dec. 13, 2016, 130 Stat. 1044; Pub. L. 115–271, title VII, § 7181(a), Oct. 24, 2018, 132 Stat. 4068; Pub. L. 117–328, div. FF, title I, § 1273, Dec. 29, 2022, 136 Stat. 5688.)

CITE AS: 42 USC 290ee-3a

§ 290ee–4. Mental and behavioral health outreach and education at institutions of higher education
(a) Purpose
(b) National public education campaign
The Secretary, acting through the Assistant Secretary and in collaboration with the Director of the Centers for Disease Control and Prevention, shall convene an interagency, public-private sector working group to plan, establish, and begin coordinating and evaluating a targeted public education campaign that is designed to focus on mental and behavioral health on the campuses of institutions of higher education. Such campaign shall be designed to—
(1) improve the general understanding of mental health and mental disorders;
(2) encourage help-seeking behaviors relating to the promotion of mental health, prevention of mental disorders, and treatment of such disorders;
(3) make the connection between mental and behavioral health and academic success; and
(4) assist the general public in identifying the early warning signs and reducing the stigma of mental illness.
(c) Composition
The working group convened under subsection (b) shall include—
(1) mental health consumers, including students and family members;
(2) representatives of institutions of higher education, including minority-serving institutions as described in section 1067q(a) of title 20 and community colleges;
(3) representatives of national mental and behavioral health associations and associations of institutions of higher education;
(4) representatives of health promotion and prevention organizations at institutions of higher education;
(5) representatives of mental health providers, including community mental health centers; and
(6) representatives of private-sector and public-sector groups with experience in the development of effective public health education campaigns.
(d) Plan
The working group under subsection (b) shall develop a plan that—
(1) targets promotional and educational efforts to the age population of students at institutions of higher education and individuals who are employed in settings of institutions of higher education, including through the use of roundtables;
(2) develops and proposes the implementation of research-based public health messages and activities;
(3) provides support for local efforts to reduce stigma by using the National Health Information Center as a primary point of contact for information, publications, and service program referrals; and
(4) develops and proposes the implementation of a social marketing campaign that is targeted at the population of students attending institutions of higher education and individuals who are employed in settings of institutions of higher education.
(e) Definition
(f) Authorization of appropriations
(July 1, 1944, ch. 373, title V, § 549, as added Pub. L. 114–255, div. B, title IX, § 9033, Dec. 13, 2016, 130 Stat. 1261; amended Pub. L. 117–328, div. FF, title I, § 1424, Dec. 29, 2022, 136 Stat. 5704.)

CITE AS: 42 USC 290ee-4

§ 290ee–5. National recovery housing best practices
(a) Best practices for operating recovery housing
(1) In general
(2) ConsultationIn carrying out the activities described in paragraph (1), the Secretary shall consult with, as appropriate—
(A) officials representing the agencies described in subsection (e)(2);
(B) directors or commissioners, as applicable, of State health departments, Tribal health departments, State Medicaid programs, and State insurance agencies;
(C) representatives of health insurance issuers;
(D) national accrediting entities and reputable providers of, and analysts of, recovery housing services, including Indian Tribes, Tribal organizations, and Tribally designated housing entities that provide recovery housing services, as applicable;
(E) individuals with a history of substance use disorder; and
(F) other stakeholders identified by the Secretary.
(3) AvailabilityThe best practices referred to in paragraph (1) shall be—
(A) made publicly available; and
(B) published on the public website of the Substance Abuse and Mental Health Services Administration.
(4) Exclusion of guideline on treatment services
(b) Identification of fraudulent recovery housing operators
(1) In general
(2) Consultation
(3) Requirements
(A) Practices for identification and reporting
(B) Factors to be consideredIn carrying out the activities described in paragraph (1), the Secretary shall identify or develop indicators, which may include indicators related to—
(i) unusual billing practices;
(ii) average lengths of stays;
(iii) excessive levels of drug testing (in terms of cost or frequency); and
(iv) unusually high levels of recidivism.
(c) DisseminationThe Secretary shall, as appropriate, disseminate the best practices identified or developed under subsection (a) and the common indicators identified or developed under subsection (b) to—
(1) State agencies, which may include the provision of technical assistance to State agencies seeking to adopt or implement such best practices;
(2) Indian Tribes, Tribal organizations, and tribally designated housing entities;
(3) the Attorney General of the United States;
(4) the Secretary of Labor;
(5) the Secretary of Housing and Urban Development;
(6) State and local law enforcement agencies;
(7) health insurance issuers;
(8) recovery housing entities; and
(9) the public.
(d) Requirements
(e) Coordination of Federal activities to promote the availability of housing for individuals experiencing homelessness, individuals with a mental illness, and individuals with a substance use disorder
(1) In generalThe Secretary, acting through the Assistant Secretary, and the Secretary of Housing and Urban Development shall convene an interagency working group for the following purposes:
(A) To increase collaboration, cooperation, and consultation among the Department of Health and Human Services, the Department of Housing and Urban Development, and the Federal agencies listed in paragraph (2)(B), with respect to promoting the availability of housing, including high-quality recovery housing, for individuals experiencing homelessness, individuals with mental illnesses, and individuals with substance use disorder.
(B) To align the efforts of such agencies and avoid duplication of such efforts by such agencies.
(C) To develop objectives, priorities, and a long-term plan for supporting State, Tribal, and local efforts with respect to the operation of high-quality recovery housing that is consistent with the best practices developed under this section.
(D) To improve information on the quality of recovery housing.
(2) CompositionThe interagency working group under paragraph (1) shall be composed of—
(A) the Secretary, acting through the Assistant Secretary, and the Secretary of Housing and Urban Development, who shall serve as the co-chairs; and
(B) representatives of each of the following Federal agencies:
(i) The Centers for Medicare & Medicaid Services.
(ii) The Substance Abuse and Mental Health Services Administration.
(iii) The Health Resources and Services Administration.
(iv) The Office of the Inspector General of the Department of Health and Human Services.
(v) The Indian Health Service.
(vi) The Department of Agriculture.
(vii) The Department of Justice.
(viii) The Office of National Drug Control Policy.
(ix) The Bureau of Indian Affairs.
(x) The Department of Labor.
(xi) The Department of Veterans Affairs.
(xii) Any other Federal agency as the co-chairs determine appropriate.
(3) Meetings
(4) Reports to Congress
(f) Grants for implementing national recovery housing best practices
(1) In generalThe Secretary shall award grants to States (and political subdivisions thereof), Indian Tribes, and territories—
(A) for the provision of technical assistance to implement the guidelines and recommendations developed under subsection (a); and
(B) to promote—
(i) the availability of recovery housing for individuals with a substance use disorder; and
(ii) the maintenance of recovery housing in accordance with best practices developed under this section.
(2) State promotion plansNot later than 90 days after receipt of a grant under paragraph (1), and every 2 years thereafter, each State (or political subdivisions thereof,) 1
1 So in original. The comma probably should follow the closing parenthesis.
Indian Tribe, or territory receiving a grant under paragraph (1) shall submit to the Secretary, and publish on a publicly accessible internet website of the State (or political subdivisions thereof), Indian Tribe, or territory—
(A) the plan of the State (or political subdivisions thereof), Indian Tribe, or territory, with respect to the promotion of recovery housing for individuals with a substance use disorder located within the jurisdiction of such State (or political subdivisions thereof), Indian Tribe, or territory; and
(B) a description of how such plan is consistent with the best practices developed under this section.
(g) Rule of construction
(h) DefinitionsIn this section:
(1) The term “recovery housing” means a shared living environment free from alcohol and illicit drug use and centered on peer support and connection to services that promote sustained recovery from substance use disorders.
(2) The terms “Indian Tribe” and “Tribal organization” have the meanings given those terms in section 5304 of title 25.
(3) The term “tribally designated housing entity” has the meaning given that term in section 4103 of title 25.
(i) Authorization of appropriations
(July 1, 1944, ch. 373, title V, § 550, as added Pub. L. 115–271, title VII, § 7031, Oct. 24, 2018, 132 Stat. 4014; amended Pub. L. 117–328, div. FF, title I, §§ 1232, 1233, 1235, 1236, Dec. 29, 2022, 136 Stat. 5674, 5676, 5677.)

CITE AS: 42 USC 290ee-5

§ 290ee–5a. Sobriety treatment and recovery teams
(a) In general
(b) Allowable usesA grant awarded under this section may be used for one or more of the following activities:
(1) Training eligible staff, including social workers, social services coordinators, child welfare specialists, substance use disorder treatment professionals, and mentors.
(2) Expanding access to substance use disorder treatment services and drug testing.
(3) Enhancing data sharing with law enforcement agencies, child welfare agencies, substance use disorder treatment providers, judges, and court personnel.
(4) Program evaluation and technical assistance.
(c) Program requirementsA State, unit of local government, or tribal government receiving a grant under this section shall—
(1) serve only families for which—
(A) there is an open record with the child welfare agency; and
(B) substance use disorder was a reason for the record or finding described in paragraph (1); 1
1 So in original. Probably should be “subparagraph (A)”.
and
(2) coordinate any grants awarded under this section with any grant awarded under section 629g(f) of this title focused on improving outcomes for children affected by substance abuse.
(d) Technical assistance
(July 1, 1944, ch. 373, title V, § 550A, formerly § 550, as added Pub. L. 115–271, title VIII, § 8214, Oct. 24, 2018, 132 Stat. 4116; renumbered § 550A, Pub. L. 117–328, div. FF, title I, § 1237, Dec. 29, 2022, 136 Stat. 5677.)

CITE AS: 42 USC 290ee-5a

§ 290ee–6. Regional Centers of Excellence in Substance Use Disorder Education
(a) In general
(b) EligibilityTo be eligible to receive a cooperative agreement under subsection (a), an entity shall—
(1) be an accredited entity that offers education to students in various health professions, which may include—
(A) a teaching hospital;
(B) a medical school;
(C) a certified behavioral health clinic; or
(D) any other health professions school, school of public health, or Cooperative Extension Program at institutions of higher education, as defined in section 1001 of title 20, engaged in the prevention, treatment, or recovery of substance use disorders;
(2) demonstrate community engagement and partnerships with community stakeholders, including entities that train health professionals, mental health counselors, social workers, peer recovery specialists, substance use treatment programs, community health centers, physician offices, certified behavioral health clinics, research institutions, and law enforcement; and
(3) submit to the Secretary an application containing such information, at such time, and in such manner, as the Secretary may require.
(c) ActivitiesAn entity receiving an award under this section shall develop, evaluate, and distribute evidence-based resources regarding the prevention and treatment of, and recovery from, substance use disorders. Such resources may include information on—
(1) the neurology and pathology of substance use disorders;
(2) advancements in the treatment of substance use disorders;
(3) techniques and best practices to support recovery from substance use disorders;
(4) strategies for the prevention and treatment of, and recovery from substance use disorders across patient populations; and
(5) other topic areas that are relevant to the objectives described in subsection (a).
(d) Geographic distribution
(e) Evaluation
(f) Funding
(July 1, 1944, ch. 373, title V, § 551, as added Pub. L. 115–271, title VII, § 7101, Oct. 24, 2018, 132 Stat. 4037.)

CITE AS: 42 USC 290ee-6

§ 290ee–7. Comprehensive opioid recovery centers
(a) In general
(b) Grant period
(1) In general
(2) Renewal
(c) Minimum number of Centers
(d) Application
(1) Eligible entity
(2) Submission of applicationIn order to be eligible for a grant under subsection (a), an entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include—
(A) evidence that such entity carries out, or is capable of coordinating with other entities to carry out, the activities described in subsection (g); and
(B) such other information as the Secretary may require.
(e) PriorityIn awarding grants under subsection (a), the Secretary shall give priority to eligible entities—
(1) located in a State with an age-adjusted rate of drug overdose deaths that is above the national overdose mortality rate, as determined by the Director of the Centers for Disease Control and Prevention; or
(2) serving an Indian Tribe (as defined in section 5304 of title 25) with an age-adjusted rate of drug overdose deaths that is above the national overdose mortality rate, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes.
(f) Preference
(g) Center activitiesEach Center shall, at a minimum, carry out the following activities directly, through referral, or through contractual arrangements, which may include carrying out such activities through technology-enabled collaborative learning and capacity building models described in subsection (f):
(1) Treatment and recovery servicesEach Center shall—
(A) Ensure that intake, evaluations, and periodic patient assessments meet the individualized clinical needs of patients, including by reviewing patient placement in treatment settings to support meaningful recovery.
(B) Provide the full continuum of treatment services, including—
(i) all drugs and devices approved or cleared under the Federal Food, Drug, and Cosmetic Act and all biological products licensed under section 262 of this title to treat substance use disorders or reverse overdoses, pursuant to Federal and State law;
(ii) medically supervised withdrawal management, that includes patient evaluation, stabilization, and readiness for and entry into treatment;
(iii) counseling provided by a program counselor or other certified professional who is licensed and qualified by education, training, or experience to assess the psychological and sociological background of patients, to contribute to the appropriate treatment plan for the patient, and to monitor patient progress;
(iv) treatment, as appropriate, for patients with co-occurring substance use and mental disorders;
(v) testing, as appropriate, for infections commonly associated with illicit drug use;
(vi) residential rehabilitation, and outpatient and intensive outpatient programs;
(vii) recovery housing;
(viii) community-based and peer recovery support services;
(ix) job training, job placement assistance, and continuing education assistance to support reintegration into the workforce; and
(x) other best practices to provide the full continuum of treatment and services, as determined by the Secretary.
(C) Ensure that all programs covered by the Center include medication-assisted treatment, as appropriate, and do not exclude individuals receiving medication-assisted treatment from any service.
(D) Periodically conduct patient assessments to support sustained and clinically significant recovery, as defined by the Assistant Secretary for Mental Health and Substance Use.
(E) Provide onsite access to medication, as appropriate, and toxicology services; for purposes of carrying out this section.
(F) Operate a secure, confidential, and interoperable electronic health information system.
(G) Offer family support services such as child care, family counseling, and parenting interventions to help stabilize families impacted by substance use disorder, as appropriate.
(2) OutreachEach Center shall carry out outreach activities regarding the services offered through the Centers, which may include—
(A) training and supervising outreach staff, as appropriate, to work with State and local health departments, health care providers, the Indian Health Service, State and local educational agencies, schools funded by the Indian Bureau of Education, institutions of higher education, State and local workforce development boards, State and local community action agencies, public safety officials, first responders, Indian Tribes, child welfare agencies, as appropriate, and other community partners and the public, including patients, to identify and respond to community needs;
(B) ensuring that the entities described in subparagraph (A) are aware of the services of the Center; and
(C) disseminating and making publicly available, including through the internet, evidence-based resources that educate professionals and the public on opioid use disorder and other substance use disorders, including co-occurring substance use and mental disorders.
(h) Data reporting and program oversightWith respect to a grant awarded under subsection (a), not later than 90 days after the end of the first year of the grant period, and annually thereafter for the duration of the grant period (including the duration of any renewal period for such grant), the entity shall submit data, as appropriate, to the Secretary regarding—
(1) the programs and activities funded by the grant;
(2) health outcomes of the population of individuals with a substance use disorder who received services from the Center, evaluated by an independent program evaluator through the use of outcomes measures, as determined by the Secretary;
(3) the retention rate of program participants; and
(4) any other information that the Secretary may require for the purpose of—ensuring 1
1 So in original.
that the Center is complying with all the requirements of the grant, including providing the full continuum of services described in subsection (g)(1)(B).
(i) Privacy
(j) Authorization of appropriations
(July 1, 1944, ch. 373, title V, § 552, as added Pub. L. 115–271, title VII, § 7121(a), Oct. 24, 2018, 132 Stat. 4043.)

CITE AS: 42 USC 290ee-7

§ 290ee–8. Career Act
(a) In general
(b) Grants authorized
(c) Priority
(1) In general
(2) RatesThe rates described in this paragraph are the following:
(A) The amount by which the rate of drug overdose deaths in the State, adjusted for age, is above the national overdose mortality rate, as determined by the Director of the Centers for Disease Control and Prevention.
(B) The amount by which the rate of unemployment for the State, based on data provided by the Bureau of Labor Statistics for the preceding 5 calendar years for which there is available data, is above the national average.
(C) The amount by which rate of labor force participation in the State, based on data provided by the Bureau of Labor Statistics for the preceding 5 calendar years for which there is available data, is below the national average.
(3) WeightingThe rates described in paragraph (2) shall be weighted as follows:
(A) The rate described in paragraph (2)(A) shall be weighted 70 percent.
(B) The rate described in paragraph (2)(B) shall be weighted 15 percent.
(C) The rate described in paragraph (2)(C) shall be weighted 15 percent.
(d) Preference
(e) DefinitionsIn this section:
(1) Eligible entity
(2) Indian Tribes; tribal organization
(3) State
(f) ApplicationsAn eligible entity shall submit an application at such time and in such manner as the Secretary may require. In submitting an application, the entity shall demonstrate the ability to partner with local stakeholders, which may include local employers, community stakeholders, the local workforce development board, local and State governments, and Indian Tribes or tribal organizations, as applicable, to—
(1) identify gaps in the workforce due to the prevalence of substance use disorders;
(2) in coordination with statewide employment and training activities, including coordination and alignment of activities carried out by entities provided grant funds under section 3225a of title 29, help individuals in recovery from a substance use disorder transition into the workforce, including by providing career services, training services as described in paragraph (2) of section 3174(c) of title 29, and related services described in section 3174(a)(3) of such title; and
(3) assist employers with informing their employees of the resources, such as resources related to substance use disorders that are available to their employees.
(g) Use of fundsAn entity receiving a grant under this section shall use the funds to conduct one or more of the following activities:
(1) Hire case managers, care coordinators, providers of peer recovery support services, as described in section 290ee–2(a) of this title, or other professionals, as appropriate, to provide services that support treatment, recovery, and rehabilitation, and prevent relapse, recidivism, and overdose, including by encouraging—
(A) the development and strengthening of daily living skills; and
(B) the use of counseling, care coordination, and other services, as appropriate, to support recovery from substance use disorders.
(2) Implement or utilize innovative technologies, which may include the use of telemedicine.
(3) In coordination with the lead State agency with responsibility for a workforce investment activity or local board described in subsection (b), provide—
(A) short-term prevocational training services; and
(B) training services that are directly linked to the employment opportunities in the local area or the planning region.
(h) Support for State strategy
(i) Data reporting and program oversightEach eligible entity awarded a grant under this section shall submit to the Secretary a report at such time and in such manner as the Secretary may require. Such report shall include a description of—
(1) the programs and activities funded by the grant;
(2) outcomes of the population of individuals with a substance use disorder the grantee served through activities described in subsection (g); and
(3) any other information that the Secretary may require for the purpose of ensuring that the grantee is complying with all of the requirements of the grant.
(j) Reports to Congress
(1) Preliminary report
(2) Final reportNot later than 2 years after submitting the preliminary report required under paragraph (1), the Secretary shall submit to Congress a final report that includes—
(A) a description of how the grant funding was used, including the number of individuals who received services under subsection (g)(3) and an evaluation of the effectiveness of the activities conducted by the grantee with respect to outcomes of the population of individuals with substance use disorder who receive services from the grantee; and
(B) recommendations related to best practices for health care professionals to support individuals in substance use disorder treatment or recovery to live independently and participate in the workforce.
(k) Authorization of appropriations
(Pub. L. 115–271, title VII, § 7183, Oct. 24, 2018, 132 Stat. 4070.)

CITE AS: 42 USC 290ee-8

§ 290ee–9. Services for families and patients in crisis
(a) In general
(b) Allowable uses
A grant awarded under this section may be used for nonprofit national, State, or local organizations that engage in the following activities:
(1) Expansion of resource center services with professional, clinical staff that provide, for families and individuals impacted by a substance use disorder, support, access to treatment resources, brief assessments, medication and overdose prevention education, compassionate listening services, recovery support or peer specialists, bereavement and grief support, and case management.
(2) Continued development of health information technology systems that leverage new and upcoming technology and techniques for prevention, intervention, and filling resource gaps in communities that are underserved.
(3) Enhancement and operation of treatment and recovery resources, easy-to-read scientific and evidence-based education on addiction and substance use disorders, and other informational tools for families and individuals impacted by a substance use disorder and community stakeholders, such as law enforcement agencies.
(4) Provision of training and technical assistance to State and local governments, law enforcement agencies, health care systems, research institutions, and other stakeholders.
(5) Expanding upon and implementing educational information using evidence-based information on substance use disorders.
(6) Expansion of training of community stakeholders, law enforcement officers, and families across a broad-range of addiction, health, and related topics on substance use disorders, local issues and community-specific issues related to the drug epidemic.
(7) Program evaluation.
(Pub. L. 114–198, title VII, § 709, as added Pub. L. 115–271, title VIII, § 8212, Oct. 24, 2018, 132 Stat. 4115.)

CITE AS: 42 USC 290ee-9

§ 290ee–10. Transferred

CITE AS: 42 USC 290ee-10