Page:United States Statutes at Large Volume 106 Part 1.djvu/452

 106 STAT. 420 PUBLIC LAW 102-321—JULY 10, 1992 " PAR T M —SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS 42 USE 280D. " SEC. 399D. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS. "(a) ESTABLISHMENT.— "(1) IN GENERAL.— The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make grants to public and nonprofit private entities for the purpose of carrying out programs— "(A) to provide the services described in subsection (b) to children of substance abusers; "(B) to provide the applicable services described in subsection (c) to families in which a member is a substance abuser; and "(C) to identify such children and such families. "(2) ADMINISTRATIVE CONSULTATIONS.—The Administrator of the Administration for Children, Youth, and Families and the Administrator of the Substance Abuse and Mental Health Services Administration shall be consulted regarding the promulgation of program guidelines and funding priorities under this section. "(3) REQUIREMENT OF STATUS AS MEDICAID PROVIDER.— "(A) Subject to subparagraph (B), the Secretary may mgike a grsint under paragraph (1) only if, in the case of any service under such paragraph that is covered in the State plan approved under title XIX of the Social Security Act for the State involved— "(i) the entity involved will provide the service directly, and the entity has entered into a participation agreement under the State plan and is quaUfied to receive payments under such plan; or "(ii) the entity will enter into an agreement with an organization under which the organization will provide the service, and the organization has entered into such a participation agreement and is qualified to receive such pa3niients. "(B)(i) In the case of an organization making an agreement under subparagraph (A)(ii) regarding the provision of services under paragraph (1), the requirement established in such subparagraph regarding a participation agreement shall be waived by the Secretary if the organization does not, in providing health or mental heeilth services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. "(ii) A determination by the Secretary of whether an organization referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the organization accepts voluntary donations regarding the provision of services to the public. "(b) SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS.— The Secretary may make a grant/under subsection (a) only if the applicsmt involved agrees to make available (directly or through agreements with other entities) to children of substance abusers each of the following services:

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