§ 290ff. Comprehensive community mental health services for children with serious emotional disturbances
(a)
Grants to certain public entities
(b)
Considerations in making grants
(1)
Requirement of status as grantee under part B of subchapter XVII
The Secretary may make a grant under subsection (a) of this section to a public entity only if—
(A)
in the case of a public entity that is a State, the State is a grantee under section
300x of this title;
(2)
Requirement of status as medicaid provider
(A)
Subject to subparagraph (B), the Secretary may make a grant under subsection (a) of this section only if, in the case of any service under such subsection that is covered in the State plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for the State involved—
(B)
(i)
In the case of an organization making an agreement under subparagraph (A)(ii) regarding the provision of services under subsection (a) of this section, 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 health 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.
(3)
Certain considerations
In making grants under subsection (a) of this section, the Secretary shall—
(C)
in the case of any public entity that is a political subdivision of a State or that is an Indian tribe or tribal organization—
(c)
Matching funds
(1)
In general
A funding agreement for a grant under subsection (a) of this section is that the public entity involved will, with respect to the costs to be incurred by the entity in carrying out the purpose described in such subsection, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that—
(A)
for the first fiscal year for which the entity receives payments from a grant under such subsection, is not less than $1 for each $3 of Federal funds provided in the grant;
(B)
for any second or third such fiscal year, is not less than $1 for each $3 of Federal funds provided in the grant;
(C)
for any fourth such fiscal year, is not less than $1 for each $1 of Federal funds provided in the grant; and
(D)
for any fifth and sixth such fiscal year,[2] is not less than $2 for each $1 of Federal funds provided in the grant.
(2)
Determination of amount contributed
(A)
Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
(B)
In making a determination of the amount of non-Federal contributions for purposes of subparagraph (A), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the public entity involved toward the purpose described in subsection (a) of this section for the 2-year period preceding the first fiscal year for which the entity receives a grant under such section.
[1] See References in Text note below.
[2] So in original. Probably should be “years,”.