108th CONGRESS
1st Session
S. 1456
To amend the Public Health Service Act with respect to mental health
services for elderly individuals.
IN THE SENATE OF THE UNITED STATES
July 25 (legislative day, July 21), 2003
Mr. BREAUX introduced the following bill; which was read twice and referred
to the Committee on Health, Education, Labor, and Pensions
A BILL
To amend the Public Health Service Act with respect to mental health
services for elderly individuals.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Positive Aging Act of 2003'.
SEC. 2. FINDINGS; STATEMENT OF PURPOSE.
(a) FINDINGS- The Congress finds that--
(1) although, on average, 1/4 of all patients seen in primary care settings
have a mental disorder, primary care practitioners identify such illness
in only about half of these cases;
(2) four mental disorders are among the 10 leading causes of disability
in the United States;
(3) among the elderly, 10 percent have dementia and as many as one quarter
have significant clinical depression;
(4) access to mental health services by the elderly is compromised by health
benefits coverage limits, gaps in the mental health services delivery system,
and shortages of geriatric mental health practitioners;
(5) the integration of medical and mental health treatment provides an effective
means of coordinating care, improving mental health outcomes, and saving
health care dollars; and
(6) the treatment of mental disorders in older patients, particularly those
with other chronic diseases, can improve health outcomes and the quality
of life for these patients.
(b) STATEMENT OF PURPOSE- In order to address the emerging crisis in the identification
and treatment of mental disorders among the elderly, it is the purpose of
this Act to--
(1) promote models of care that integrate mental health services and medical
care within primary care settings; and
(2) improve access by older adults to mental health services in community-based
settings.
TITLE I--ENHANCING ACCESS TO MENTAL HEALTH SERVICES FOR THE ELDERLY
SEC. 101. SERVICES IMPLEMENTATION PROJECTS TO SUPPORT INTEGRATION OF MENTAL
HEALTH SERVICES IN PRIMARY CARE SETTINGS.
Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C.
290bb-31 et seq.) is amended--
(A) in paragraph (14), by striking `and' at the end;
(B) in paragraph (15), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following paragraph:
`(16) conduct the demonstration projects specified in section 520K.'; and
(2) by adding at the end the following section:
`SEC. 520K. PROJECTS TO DEMONSTRATE INTEGRATION OF MENTAL HEALTH SERVICES
IN PRIMARY CARE SETTINGS.
`(a) IN GENERAL- The Secretary, acting through the Director of the Center
for Mental Health Services, shall make grants to public and private nonprofit
entities for evidence-based projects to demonstrate ways of integrating mental
health services for older patients into primary care settings, such as health
centers receiving a grant under section 330 (or determined by the Secretary
to meet the requirements for receiving such a grant), other Federally qualified
health centers, primary care clinics, and private practice sites.
`(b) REQUIREMENTS- In order to qualify for a grant under this section, a project
shall provide for collaborative care within a primary care setting, involving
psychiatrists, psychologists, and other licensed mental health professionals
with appropriate training and experience in the treatment of older adults,
in which screening, assessment, and intervention services are combined into
an integrated service delivery model, including--
`(1) screening services by a mental health professional with at least a
masters degree in an appropriate field of training, supported by psychiatrists
and psychologists with appropriate training and experience in the treatment
of older adults to ensure adequate consideration of biomedical and psychosocial
conditions, respectively;
`(2) referrals for necessary prevention, intervention, follow-up care, consultations,
and care planning oversight for mental health and other service needs, as
indicated; and
`(3) adoption and implementation of evidence-based protocols, to the extent
available, for prevalent mental health disorders, including depression,
anxiety, behavioral and psychological symptoms of dementia, psychosis, and
misuse of, or dependence on, alcohol or medication.
`(c) CONSIDERATIONS IN AWARDING GRANTS- To the extent feasible, the Secretary
shall ensure that--
`(1) grants under this section are awarded to projects in a variety of geographic
areas, including urban and rural areas; and
`(2) the needs of ethnically diverse at-risk populations are addressed.
`(d) DURATION- A project may receive funding pursuant to a grant under this
section for a period of up to 3 years, with an extension period of 2 additional
years at the discretion of the Secretary.
`(e) APPLICATION- In order to receive a grant under this section, a public
or private nonprofit entity shall--
`(1) submit an application to the Secretary (in such form, containing such
information, and at such time as the Secretary may specify); and
`(2) agree to report to the Secretary standardized clinical and behavioral
data necessary to evaluate patient outcomes and to facilitate evaluations
across participating projects.
`(f) EVALUATION- Not later than 6 months after the close of a calendar year,
the Secretary shall submit to the Congress a report evaluating the projects
receiving awards under this section for such year.
`(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for fiscal year 2004 and each fiscal year thereafter such sums as may be necessary
to carry out this section.'.
SEC. 102. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT OUTREACH TEAMS.
Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C.
290bb-31 et seq.), as amended by section 101 of this Act, is further amended
by adding at the end the following section:
`SEC. 520L. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT OUTREACH
TEAMS.
`(a) IN GENERAL- The Secretary, acting through the Director of the Center
for Mental Health Services, shall make grants to public or private nonprofit
entities that are community-based providers of geriatric mental health services,
to support the establishment and maintenance by such entities of multi-disciplinary
geriatric mental health outreach teams in community settings where older adults
reside or receive social services. Entities eligible for such grants include--
`(1) mental health service providers of a State or local government;
`(2) outpatient programs of private, nonprofit hospitals;
`(3) community mental health centers meeting the criteria specified in section
1913(c); and
`(4) other community-based providers of mental health services.
`(b) REQUIREMENTS- In order to qualify for a grant under this section, an
entity shall--
`(1) adopt and implement, for use by its mental health outreach team, evidence-based
intervention and treatment protocols (to the extent such protocols are available)
for mental disorders prevalent in older adults, relying to the greatest
extent feasible on protocols that have been developed--
`(A) by or under the auspices of the Secretary; or
`(B) by academicians with expertise in mental health and aging;
`(2) provide screening for mental disorders, diagnostic services, referrals
for treatment, and case management and coordination through such teams;
and
`(3) coordinate and integrate the services provided by such team with the
services of social service, mental health, medical, and other health care
providers at the site or sites where the team is based in order to--
`(A) improve patient outcomes; and
`(B) to ensure, to the maximum extent feasible, the continuing independence
of older adults who are residing in the community.
`(c) COOPERATIVE ARRANGEMENTS WITH SITES SERVING AS BASES FOR OUTREACH TEAMS-
An entity receiving a grant under this section may enter into an agreement
with a person operating a site at which a geriatric mental health outreach
team of the entity is based, including--
`(2) adult day care programs;
`(3) assisted living facilities; and
`(4) recipients of grants to provide services to senior citizens under the
Older Americans Act, under which such person provides (and is reimbursed
by the entity, out of funds received under the grant, for) any supportive
services, such as transportation and administrative support, that such person
provides to an outreach team of such entity.
`(d) CONSIDERATIONS IN AWARDING GRANTS- To the extent feasible, the Secretary
shall ensure that--
`(1) grants under this section are awarded to projects in a variety of geographic
areas, including urban and rural areas; and
`(2) the needs of ethnically diverse at-risk populations are addressed.
`(e) APPLICATION- In order to receive a grant under this section, an entity
shall--
`(1) submit an application to the Secretary (in such form, containing such
information, and at such time as the Secretary may specify); and
`(2) agree to report to the Secretary standardized clinical and behavioral
data necessary to evaluate patient outcomes and to facilitate evaluations
across participating projects.
`(f) EVALUATION- Not later than 6 months after the close of a calendar year,
the Secretary shall submit to the Congress a report evaluating the programs
receiving a grant under this section for such year.
`(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for fiscal year 2004 and each fiscal year thereafter such sums as may be necessary
to carry out this section.'.
TITLE II--ADMINISTRATIVE CHANGES TO STRENGTHEN PROGRAMS FOR GERIATRIC MENTAL
HEALTH SERVICES
SEC. 201. DESIGNATION OF DEPUTY DIRECTOR FOR GERIATRIC MENTAL HEALTH SERVICES
IN CENTER FOR MENTAL HEALTH SERVICES.
Section 520 of the Public Health Service Act (42 U.S.C. 290bb-31) is amended
by redesignating subsection
(c) as subsection (d) and inserting after subsection (b) the following:
`(c) DEPUTY DIRECTOR FOR GERIATRIC MENTAL HEALTH SERVICES- The Director, after
consultation with the Administrator, shall designate a Deputy Director for
Geriatric Mental Health Services, who shall be responsible for the development
and implementation of initiatives of the Center to address the mental health
needs of older adults. Such initiatives shall include--
`(1) research on prevention and identification of mental disorders in the
geriatric population;
`(2) innovative demonstration projects for the delivery of community-based
mental health services for older Americans;
`(3) support for the development and dissemination of evidence-based practice
models, including models to address dependence on, and misuse of, alcohol
and medication in older adults; and
`(4) development of model training programs for mental health professionals
and caregivers serving older adults.'.
SEC. 202. MEMBERSHIP OF ADVISORY COUNCIL FOR THE CENTER FOR MENTAL HEALTH
SERVICES.
Section 502(b)(3) of the Public Health Service Act (42 U.S.C. 290aa-1(b)(3))
is amended by adding at the end the following:
`(C) In the case of the advisory council for the Center for Mental Health
Services, the members appointed pursuant to subparagraphs (A) and (B)
shall include representatives of older Americans, their families, and
geriatric mental health specialists, including at least 1 physician with
board certification in geriatric psychiatry and at least 1 psychologist
with appropriate training and experience in the treatment of older adults.'.
SEC. 203. PROJECTS OF NATIONAL SIGNIFICANCE TARGETING SUBSTANCE ABUSE IN
OLDER ADULTS.
Section 509(b)(2) of the Public Health Service Act (42 U.S.C. 290bb-2(b)(2))
is amended by inserting before the period the following: `, and to providing
treatment for older adults with alcohol or substance abuse or addiction, including
medication misuse or dependence'.
SEC. 204. CRITERIA FOR STATE PLANS UNDER COMMUNITY MENTAL HEALTH SERVICES
BLOCK GRANTS.
(a) IN GENERAL- Section 1912(b) of the Public Health Service Act (42 U.S.C.
300x-2(b)) is amended by inserting after paragraph (5) the following:
`(6) GOALS AND INITIATIVES FOR IMPROVING ACCESS TO SERVICES FOR OLDER ADULTS-
The plan--
`(A) specifies goals for improving access by older Americans to community-based
mental health services;
`(B) includes a plan identifying and addressing the unmet needs of such
individuals for mental health services; and
`(C) includes an inventory of the services, personnel, and treatment sites
available to improve the delivery of mental health services to such individuals.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to State
plans submitted under section 1912 of the Public Health Service Act on or
after the date that is 180 days after the date of the enactment of this Act.
END