Page:United States Statutes at Large Volume 89.djvu/391

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PUBLIC LAW 94-000—MMMM. DD, 1975

PUBLIC LAW 94-63—JULY 29, 1975 tory of existing facilities and a survey of need for the comprehensive mental health services described in section 201(b); (ii) which conforms with regulations prescribed by the Secretary under section 236; and (iii) which shall provide for adequate community mental health centers to furnish needed services for persons unable to pay therefor; "(C) set forth the relative need, determined in accordance with the regulations prescribed under section 236, for the projects included in the program described in subparagraph (B), and, in the case of projects under part C, provide for the completion of such projects in the order of such relative need; "(D) emphasize the provision of outpatient services by community mental health centers as a preferable alternative to inpatient hospital services; and " (E) provide minimum standards (to be fixed in the discretion of the State) for the maintenance and operation of centers which receive Federal aid under this title and provide for enforcement of such standards with respect to projects approved by the Secretary under this title. " (b) The State agency shall administer or supervise the administration of the State plan. "(c) A State shall submit a State plan in such form and manner as the Secretary shall by regulation prescribe. The Secretary shall approve any State plan (and any modification thereof) which complies with the requirements of subsection (a). The Secretary shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing to the State. "(d)(1) At the request of any State, a portion of any allotment or allotments of such State under section 227 for any fiscal year shall be available to pay one-half (or such smaller share as the State may request) of the expenditures found necessary by the Secretary for the proper and efficient administration of the provisions of the State plan approved under this section which relate to projects under part C for facilities for community mental health centers; except that not more than 5 per centum of the total of the allotments of such State for any fiscal year, or $50,000, whichever is less, shall be available for such purpose. Amounts made available to any State under this paragraph from its allotment or allotments under section 227 for any fiscal year shall be available only for such expenditures (referred to in the preceding sentence) during such fiscal year or the following fiscal year. Payments of amounts due under this paragraph may be made in advance or by way of reimbursement, and in such installments, as the Secretary may determine. "(2) Any amount paid under paragraph (1) to any State for any fiscal year for administration of the provisions of an approved State plan shall be paid on condition that there shall be expended from State sources for each year for administration of such provisions not less than the total amount expended for such purposes from such sources during the fiscal year ending June 30, 1968.

89 STAT. 331

Ante, p. 309. Ante, p. 329.

Submission and approval,

Ante, p. 327.

Ante, p. 322.

'CATCHMENT AREA REVIEW

"SEC. 238. Each State health planning and development agency 42 USC 2689u. designated for a State under section 1521 of the Public Health Service Act shall, in consultation with that State's mental health authority, 42 USC 300m. periodically review the catchment areas of the community mental health centers located in that State to (1) insure that the sizes of