Substance Abuse and Mental Health Services Administration

42 U.S. Code § 290aa. Substance Abuse and Mental Health Services Administration

(a) Establishment
The Substance Abuse and Mental Health Services Administration (hereafter referred to in this subchapter as the “Administration”) is an agency of the Service.
(b) CentersThe following Centers are agencies of the Administration:
(1)
The Center for Substance Abuse Treatment.
(2)
The Center for Substance Abuse Prevention.
(3)
The Center for Mental Health Services.
(c) Assistant Secretary and Deputy Assistant Secretary
(1) Assistant Secretary
The Administration shall be headed by an official to be known as the Assistant Secretary for Mental Health and Substance Use (hereinafter in this subchapter referred to as the “Assistant Secretary”) who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Deputy Assistant Secretary
The Assistant Secretary, with the approval of the Secretary, may appoint a Deputy Assistant Secretary and may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the activities to be carried out through the Administration.
(d) AuthoritiesThe Secretary, acting through the Assistant Secretary, shall—
(1)
supervise the functions of the Centers of the Administration in order to assure that the programs carried out through each such Center receive appropriate and equitable support and that there is cooperation among the Centers in the implementation of such programs;
(2)
establish and implement, through the respective Centers, a comprehensive program to improve the provision of treatment and related services to individuals with respect to substance use disorders and mental illness and to improve prevention services, promote mental health and protect the legal rights of individuals with mental illnesses and individuals with substance use disorders;
(3)
carry out the administrative and financial management, policy development and planning, evaluation, knowledge dissemination, and public information functions that are required for the implementation of this subchapter;
(4)
assure that the Administration conduct and coordinate demonstration projects, evaluations, and service system assessments and other activities necessary to improve the availability and quality of treatment, prevention and related services;
(5)
support activities that will improve the provision of treatment, prevention and related services, including the development of national mental health and substance use disorder goals and model programs;
(6)
in cooperation with the National Institutes of Health, the Centers for Disease Control and Prevention, and the Health Resources and Services Administration, develop educational materials and intervention strategies to reduce the risks of HIV, hepatitis, tuberculosis, and other communicable diseases among individuals with mental or substance use disorders, and to develop appropriate mental health services for individuals with such diseases or disorders;
(7)
coordinate Federal policy with respect to the provision of treatment services for substance use disorders, including services that utilize drugs or devices approved or cleared by the Food and Drug Administration for the treatment of substance use disorders;
(8)
conduct programs, and assure the coordination of such programs with activities of the National Institutes of Health and the Agency for Healthcare Research and Quality, as appropriate, to evaluate the process, outcomes and community impact of prevention and treatment services and systems of care in order to identify the manner in which such services can most effectively be provided;
(9)
collaborate with the Director of the National Institutes of Health in the development and maintenance of a system by which the relevant research findings of the National Institute on Drug Abuse, the National Institute on Alcohol Abuse and Alcoholism, the National Institute of Mental Health, and, as appropriate, the Agency for Healthcare Research and Quality are disseminated to service providers in a manner designed to improve the delivery and effectiveness of prevention, treatment, and recovery support services and are appropriately incorporated into programs carried out by the Administration;
(10)
encourage public and private entities that provide health insurance to provide benefits for substance use disorder and mental health services;
(11)
work with relevant agencies of the Department of Health and Human Services on integrating mental health promotion and substance use disorder prevention with general health promotion and disease prevention and integrating mental and substance use disorders treatment services with physical health treatment services;
(12)
monitor compliance by hospitals and other facilities with the requirements of sections 290dd–1 and 290dd–2 of this title;
(13) with respect to grant programs authorized under this subchapter or part B of subchapter XVII, or grant programs otherwise funded by the Administration—
(A)
require that all grants that are awarded for the provision of services are subject to performance and outcome evaluations;
(B)
ensure that the director of each Center of the Administration consistently documents the application of criteria when awarding grants and the ongoing oversight of grantees after such grants are awarded;
(C) require that all grants that are awarded to entities other than States are awarded only after the State in which the entity intends to provide services—
(i)
is notified of the pendency of the grant application; and
(ii)
is afforded an opportunity to comment on the merits of the application; and
(D)
inform a State when any funds are awarded through such a grant to any entity within such State;
(14)
assure that services provided with amounts appropriated under this subchapter are provided bilingually, if appropriate;
(15)
improve coordination among prevention programs, treatment facilities and nonhealth care systems such as employers, labor unions, and schools, and encourage the adoption of employee assistance programs and student assistance programs;
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