PUBLIC LAW 96-398—OCT. 7, 1980
94 STAT. 1579
in the entity's mental health service area, who are representative of the residents of the area as to employment, age, sex, place of residence, and other demographic characteristics, and at least onehalf of whom are not providers of health care. (iii) Clause (i) does not apply with respect to an entity which is a primary care center, community health center, or migrant health center and which meets the applicable requirements of part D of title III of the Public Health Service Act. (iv) For purposes of clause (ii), the term "provider of health care" has the same meaning as is prescribed for that term by section 1531(3) of the Public Health Service Act. (b)(1) The Secretary may make grants to any public or nonprofit private entity for any project for mental health services which— (A) is designed to serve principally one or more priority population groups in a mental health service area, and (B) is available to all residents of the area. (2) A grant made under paragraph (1) for a project in a mental health service area served by a community mental health center may be made only to the community mental health center or to the State mental health authority of the State in which the area is located and only if the Secretary finds that because of exceptional circumstances in the mental health service area priority populations in the area would be otherwise underserved. (3)(A) Not more than four grants may be made under paragraph (1) to the same entity for mental health services for the same priority population group or groups, except that, if the entity is a community mental health center or other entity in a mental health service area served by a community mental health center, the number of grants which it may receive for the same population group or groups may not exceed two. (B) In any fiscal year not more than two grants may be made under paragraph (1) for projects in one mental health service area and the total number of grants that may be made for projects in such an area under paragraph (1) may not exceed eight. (C) The amount of any grant under paragraph (1) shall be determined by the Secretary, except that the amount of— (i) the first such grant may not exceed 90 percent of the costs of the project (as determined by the Secretary) for which the grant is made, (ii) the second such grant may not exceed 80 percent of such costs, (iii) the third such grant may not exceed 70 percent of such costs, and (iv) the fourth such grant may not exceed 60 percent of such costs. (D) If in afiscalyear the sum of— (i) the total of State, local, and other funds, and of the fees, premiums, and third-party reimbursements collected in that year, and (ii) the amount of the grant received under paragraph (1) by an entity, exceeds its actual costs of operation for that year and if the entity is eligible to receive a grant under paragraph (1) in the succeeding year, an adjustment in the amount of that grant shall be made in such a manner that the entity may retain such an amount (not to exceed 50 per centum of the amount by which such sum exceeded such costs) as the entity can demonstrate to the satisfaction of the Secretary will be used to enable the entity (I) to expand and improve its services, (II) to
42 USC 255. "Provider of health care." 42 USC 300n.
Recipients, restriction.
Limitation.
Grant computation.
eosts exceeded by funds, grant adjustment.
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