42 U.S.C. § 290bb–1
Residential treatment programs for pregnant and postpartum women
In the case of an entity making an agreement pursuant to subparagraph (A)(ii) regarding the provision of services, the requirement established in such subparagraph regarding a participation agreement shall be waived by the Director if the entity does not, in providing health care 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 plan.
A determination by the Director of whether an entity referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the entity accepts voluntary donations regarding the provision of services to the public.
With respect to any authorized service that is available pursuant to the State plan described in subparagraph (A), the requirements established in such subparagraph shall not apply to the provision of any such service by an institution for mental diseases to an individual who has attained 21 years of age and who has not attained 65 years of age. For purposes of the preceding sentence, the term “institution for mental diseases” has the meaning given such term in section 1905(i) of the Social Security Act [42 U.S.C. 1396d(i)].
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.
A funding agreement for an award under subsection (a) for an applicant is that the applicant will provide a plan describing outreach services in the community involved to identify women who have a substance use disorder and to encourage the women to undergo treatment for such disorder. Such plan may include a description of how such applicant will target outreach to women disproportionately impacted by maternal substance use disorder.
A funding agreement for an award under subsection (a) is that the applicant involved will provide for continuing education in treatment services for the individuals who will provide treatment in the program to be operated by the applicant pursuant to such subsection.
The Director may make an award under subsection (a) only if an application for the award is submitted to the Director containing such agreements, and the application is in such form, is made in such manner, and contains such other agreements and such assurances and information as the Director determines to be necessary to carry out this section.
In making awards under subsection (a), the Director shall give priority to an applicant that agrees to use the award for a program serving an area that is a rural area, an area designated under section 254e of this title by the Secretary as a health professional shortage area, or an area determined by the Director to have a shortage of family-based substance use disorder treatment options.
The period during which payments are made to an entity from an award under subsection (a) may not exceed 5 years. The provision of such payments shall be subject to annual approval by the Director of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. This subsection may not be construed to establish a limitation on the number of awards under such subsection that may be made to an entity.
The Director shall, directly or through contract, provide for the conduct of evaluations of programs carried out pursuant to subsection (a). The Director shall disseminate to the States the findings made as a result of the evaluations.
Not later than
The Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from substance abuse, and other appropriate individuals, for the minimum set of services described in subparagraph (A).
The Director of the Center for Behavioral Health Statistics and Quality shall evaluate the pilot program at the conclusion of the first grant cycle funded by the pilot program.
The report under subparagraph (B) shall include a recommendation by the Director of the Center for Substance Abuse Treatment as to whether the pilot program under this subsection should be extended.
For purposes of this subsection, the term “State substance abuse agency” means, with respect to a State, the agency in such State that manages the Substance Abuse Prevention and Treatment Block Grant under part B of subchapter XVII.
For the purpose of carrying out this section, there are authorized to be appropriated $38,931,000 for each of fiscal years 2026 through 2030. Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016.
The Social Security Act, referred to in subsec. (e)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
A prior section 290bb–1, act July 1, 1944, ch. 373, title V, § 511, formerly Pub. L. 91–616, title V, § 503, formerly § 504, as added Pub. L. 94–371, § 7,
A prior section 508 of act
2025—Subsec. (d)(11)(C). Pub. L. 119–44, § 201(1), substituted “providing health care services” for “providing health services”.
Subsec. (g). Pub. L. 119–44, § 201(2), inserted “a plan describing” after “will provide” and “Such plan may include a description of how such applicant will target outreach to women disproportionately impacted by maternal substance use disorder.” at end.
Subsec. (s). Pub. L. 119–44, § 201(3), substituted “$38,931,000 for each of fiscal years 2026 through 2030” for “$29,931,000 for each of fiscal years 2019 through 2023”.
2022—Subsec. (r)(4). Pub. L. 117–328, § 1114(1), (2), redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “The pilot program under this subsection shall not exceed 5 years.”
Subsec. (r)(4)(B). Pub. L. 117–328, § 1114(3), in introductory provisions, substituted “Not later than
Subsec. (r)(5), (6). Pub. L. 117–328, § 1114(2), redesignated pars. (5) and (6) as (4) and (5), respectively.
2018—Subsec. (s). Pub. L. 115–271 substituted “$29,931,000 for each of fiscal years 2019 through 2023” for “$16,900,000 for each of fiscal years 2017 through 2021”.
2016—Subsec. (a). Pub. L. 114–198, § 501(a)(1)(A), in introductory provisions, inserted “(referred to in this section as the ‘Director’)” after “Substance Abuse Treatment” and substituted “grants, including the grants under subsection (r), cooperative agreements” for “grants, cooperative agreement,” and “for substance use disorders” for “for substance abuse”.
Subsec. (a)(1). Pub. L. 114–198, § 501(a)(1)(B), inserted “or receive outpatient treatment services from” after “reside in”.
Subsec. (b)(2). Pub. L. 114–198, § 501(a)(2), inserted “and her children” before period at end.
Subsec. (c)(1). Pub. L. 114–198, § 501(a)(3)(A), substituted “of services for the woman and her children” for “to the woman of the services”.
Subsec. (c)(2)(A). Pub. L. 114–198, § 501(a)(3)(B)(i), substituted “substance use disorders” for “substance abuse”.
Subsec. (c)(2)(B). Pub. L. 114–198, § 501(a)(3)(B)(ii), substituted “such a disorder” for “such abuse”.
Subsec. (d)(3)(A). Pub. L. 114–198, § 501(a)(4)(A), substituted “a maternal substance use disorder” for “maternal substance abuse”.
Subsec. (d)(4). Pub. L. 114–198, § 501(a)(4)(B), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Providing supervision of children during periods in which the woman is engaged in therapy or in other necessary health or rehabilitative activities.”
Subsec. (d)(9). Pub. L. 114–198, § 501(a)(4)(C), (D), substituted “unit” for “units” and “woman” for “women” in two places.
Subsec. (d)(10). Pub. L. 114–198, § 501(a)(4)(C), substituted “woman” for “women” in two places.
Subsec. (d)(11)(A). Pub. L. 114–198, § 501(a)(4)(C), (E)(i), substituted “the woman” for “the women” and “any child of such woman” for “their children”.
Subsec. (d)(11)(D). Pub. L. 114–198, § 501(a)(4)(E)(ii)–(iv), added subpar. (D).
Subsec. (e)(1). Pub. L. 114–198, § 501(a)(5)(A), substituted “substance use disorders” for “substance abuse” in introductory provisions and in subpar. (B).
Subsec. (e)(2). Pub. L. 114–198, § 501(a)(5)(B), inserted headings for subpars. (A) to (C) and for cls. (i) and (ii) of subpar. (B).
Subsec. (g). Pub. L. 114–198, § 501(a)(6), substituted “who have a substance use disorder” for “who are engaging in substance abuse” and “such disorder” for “such abuse”.
Subsec. (j). Pub. L. 114–198, § 501(a)(7)(A), substituted “to or on” for “to on” in introductory provisions.
Subsec. (j)(3). Pub. L. 114–198, § 501(a)(7)(B), substituted “Office of” for “Office for”.
Subsec. (m). Pub. L. 114–198, § 501(a)(8), amended subsec. (m) generally. Prior to amendment, text read as follows: “In making awards under subsection (a) of this section, the Director shall ensure that the awards are equitably allocated among the principal geographic regions of the United States, subject to the availability of qualified applicants for the awards.”
Subsec. (p). Pub. L. 114–255, § 6006(b), substituted “section 290aa(m)” for “section 290aa(k)”.
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.
Pub. L. 114–198, § 501(b)(1), inserted “(other than subsection (r))” after “pursuant to this section”.
Subsec. (q)(3). Pub. L. 114–198, § 501(a)(9)(A), substituted “funding agreement” for “funding agreement under subsection (a)”.
Subsec. (q)(4). Pub. L. 114–198, § 501(a)(9)(B), substituted “a substance use disorder” for “substance abuse”.
Subsec. (r). Pub. L. 114–198, § 501(c)(1)(B), added subsec. (r). Former subsec. (r) redesignated (s).
Pub. L. 114–198, § 501(b)(2), substituted “$16,900,000 for each of fiscal years 2017 through 2021” for “such sums as may be necessary to fiscal years 2001 through 2003”.
Subsec. (s). Pub. L. 114–198, § 501(c)(1)(A), (2), redesignated subsec. (r) as (s) and inserted at end “Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016.”
2000—Subsec. (r). Pub. L. 106–310 reenacted heading without change and amended text generally, substituting provisions authorizing appropriations for fiscal years 2001 to 2003 for provisions authorizing appropriations for fiscal years 1993 and 1994 and authorizing appropriations from the special forfeiture fund of the Director of the Office of National Drug Control Policy.
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress,
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress,
Section effective
Pub. L. 102–321, title I, § 108(b),
Pub. L. 115–271, title VII, § 7062(a),