42 USC 280h-5 - School-based health centers

U.S Code last checked for updates: May 03, 2024

§ 280h–5.

School-based health centers

(a)

Definitions; establishment of criteria

In this section:

(1)

Comprehensive primary health services

The term “comprehensive primary health services” means the core services offered by school-based health centers, which shall include the following:

(A)

Physical

(B)

Mental health

(2)

Medically underserved children and adolescents

(A)

In general

(B)

Criteria

The Secretary shall prescribe criteria for determining the specific shortages of personal health services for medically underserved children and adolescents under subparagraph (A) that shall—

(i)

take into account any comments received by the Secretary from the chief executive officer of a State and local officials in a State; and

(ii)

include factors indicative of the health status of such children and adolescents of an area, including the ability of the residents of such area to pay for health services, the accessibility of such services, the availability of health professionals to such children and adolescents, and other factors as determined appropriate by the Secreta

ry.

(3)

School-based health center

The term “school-based health center” means a health clinic that—

(A)

meets the definition of a school-based health center under section 1397jj(c)(9)(A) of this title and is administered by a sponsoring facility (as defined in section 1397jj(c)(9)(B) of this title);

(B)

provides, at a minimum, comprehensive primary health services during school hours to children and adolescents by health professionals in accordance with established standards, community practice, reporting laws, and other State laws, including parental consent and notification laws that are not inconsistent with Federal law; and

(C)

does not perform abortion services.

(b)

Authority to award grants

(c)

Applications

To be eligible to receive a grant under this section, an entity shall—

(1)

be an SBHC (as defined in subsection (a)(3)); and

(2)

submit to the Secretary an application at such time, in such manner, and containing—

(A)

evidence that the applicant meets all criteria necessary to be designated an SBHC;

(B)

evidence of local need for the services to be provided by the SBHC;

(C)

an assurance that—

(i)

SBHC services will be provided to those children and adolescents for whom parental or guardian consent has been obtained in cooperation with Federal, State, and local laws governing health care service provision to children and adolescents;

(ii)

the SBHC has made and will continue to make every reasonable effort to establish and maintain collaborative relationships with other health care providers in the catchment area of the SBHC;

(iii)

the SBHC will provide on-site access during the academic day when school is in session and 24-hour coverage through an on-call system and through its backup health providers to ensure access to services on a year-round basis when the school or the SBHC is closed;

(iv)

the SBHC will be integrated into the school environment and will coordinate health services with school personnel, such as administrators, teachers, nurses, counselors, and support personnel, as well as with other community providers co-located at the school;

(v)

the SBHC sponsoring facility assumes all responsibility for the SBHC administration, operations, and oversight; and

(vi)

the SBHC will comply with Federal, State, and local laws concerning patient privacy and student records, including regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 1232g of title 20; and

(D)

such other information as the Secretary may require.

(d)

Preferences and consideration

In reviewing applications:

(1)

The Secretary may give preference to applicants who demonstrate an ability to serve the following:

(A)

Communities that have evidenced barriers to primary health care and mental health and substance use disorder prevention services for children and adolescents.

(B)

Communities with high per capita numbers of children and adolescents who are uninsured, underinsured, or enrolled in public health insurance programs.

(C)

Populations of children and adolescents that have historically demonstrated difficulty in accessing health and mental health and substance use disorder prevention services.

(2)

The Secretary may give consideration to whether an applicant has received a grant under section 280h–4 of this title.

(e)

Waiver of requirements

The Secretary may—

(1)

under appropriate circumstances, waive the application of all or part of the requirements of this subsection with respect to an SBHC for not to exceed 2 years; and

(2)

upon a showing of good cause, waive the requirement that the SBHC provide all required comprehensive primary health services for a designated period of time to be determined by the Secretary.

(f)

Use of funds

(1)

Funds

Funds awarded under a grant under this section—

(A)

may be used for—

(i)

acquiring and leasing equipment (including the costs of amortizing the principle of, and paying interest on, loans for such equipment);

(ii)

providing training related to the provision of required comprehensive primary health services and additional health services;

(iii)

the management and operation of health center programs;

(iv)

the payment of salaries for physicians, nurses, and other personnel of the SBHC; and

(B)

may not be used to provide abortions.

(2)

Construction

(3)

Limitations

(A)

In general

(B)

No overlapping grant period

(g)

Matching requirement

(1)

In general

(2)

Waiver

(h)

Supplement, not supplant

(i)

Evaluation

(j)

Age appropriate services

(k)

Parental consent

(l)

Technical assistance

(m)

Authorization of appropriations

(July 1, 1944, ch. 373, title III, § 399Z–1, as added and amended Pub. L. 111–148, title IV, § 4101(b), title X, § 10402(a), Mar. 23, 2010, 124 Stat. 547, 975; Pub. L. 116–260, div. BB, title III, § 317, Dec. 27, 2020, 134 Stat. 2932; Pub. L. 117–328, div. FF, title I, § 1401, Dec. 29, 2022, 136 Stat. 5699.)

cite as: 42 USC 280h-5