---
kind: "section"
citation: "42 U.S.C. § 1396w–6"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1396w–6"
heading: "State option to provide qualifying community-based mobile crisis intervention services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1396w-6"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter XIX — Grants to States for Medical Assistance Programs"
---

# §1396w–6. State option to provide qualifying community-based mobile crisis intervention services

- (a) **In general—** Notwithstanding [section 1396a(a)(1) of this title](/usc/42/1396a.md?p=a-1) (relating to Statewideness), [section 1396a(a)(10)(B) of this title](/usc/42/1396a.md?p=a-10-B) (relating to comparability), [section 1396a(a)(23)(A) of this title](/usc/42/1396a.md) (relating to freedom of choice of providers), or [section 1396a(a)(27) of this title](/usc/42/1396a.md?p=a-27) (relating to provider agreements), a [State](/usc/42/619.md?p=5) may, during the 5-year period beginning on the first day of the first [fiscal year](/usc/42/619.md?p=3) quarter that begins on or after the date that is 1 year after March 11, 2021, provide [medical assistance](/usc/42/1396d.md?p=a) for qualifying community-based mobile crisis [intervention](/usc/42/1397n–12.md?p=2) services.
- (b) **Qualifying community-based mobile crisis intervention services defined—** For purposes of this section, the term “qualifying community-based mobile crisis [intervention](/usc/42/1397n–12.md?p=2) services” means, with respect to a [State](/usc/42/619.md?p=5), items and services for which [medical assistance](/usc/42/1396d.md?p=a) is available under the [State](/usc/42/619.md?p=5) plan under this subchapter or a waiver of such plan, that are—
  - (1) furnished to an individual otherwise eligible for [medical assistance](/usc/42/1396d.md?p=a) under the [State](/usc/42/619.md?p=5) plan (or waiver of such plan) who is—
    - (A) outside of a [hospital](/usc/42/300s–3.md?p=1) or other [facility](/usc/42/1320a–3.md?p=c-5-B) setting; and
    - (B) experiencing a mental health or substance use disorder crisis;
  - (2) furnished by a multidisciplinary mobile crisis team—
    - (A) that [includes](/usc/42/1301.md?p=b) at least 1 behavioral health care professional who is capable of conducting an assessment of the individual, in accordance with the professional’s permitted scope of practice under [State](/usc/42/619.md?p=5) law, and other professionals or paraprofessionals with appropriate expertise in behavioral health or mental health crisis response, [including](/usc/42/1301.md?p=b) nurses, [social](/usc/42/1397j.md?p=20) workers, peer support specialists, and others, as designated by the [State](/usc/42/619.md?p=5) through a [State](/usc/42/619.md?p=5) plan amendment (or waiver of such plan);
    - (B) whose members are trained in trauma-informed care, de-escalation strategies, and harm reduction;
    - (C) that is able to respond in a timely manner and, where appropriate, provide—
      - (i) screening and assessment;
      - (ii) stabilization and de-escalation; and
      - (iii) coordination with, and referrals to, health, [social](/usc/42/1397j.md?p=20), and other services and supports as needed, and health services as needed;
    - (D) that maintains relationships with relevant community partners, [including](/usc/42/1301.md?p=b) medical and behavioral health providers, [primary care](/usc/42/1396d.md?p=t-4) providers, community health centers, crisis respite centers, and managed care organizations (if applicable); and
    - (E) that maintains the privacy and confidentiality of patient information consistent with Federal and [State](/usc/42/619.md?p=5) requirements; and
  - (3) available 24 hours per day, every day of the year.
- (c) **Payments—** Notwithstanding section [1396d(b)](/usc/42/1396d.md?p=b) or [1396d(ff)](/usc/42/1396d.md?p=ff) of this title and subject to subsections (y) and (z) of [section 1396d of this title](/usc/42/1396d.md), during each of the first 12 fiscal quarters occurring during the period described in [subsection (a)](#a) that a [State](/usc/42/619.md?p=5) meets the requirements described in [subsection (d)](#d), the [Federal medical assistance percentage](/usc/42/1396d.md?p=b) applicable to amounts expended by the [State](/usc/42/619.md?p=5) for [medical assistance](/usc/42/1396d.md?p=a) for qualifying community-based mobile crisis [intervention](/usc/42/1397n–12.md?p=2) services furnished during such quarter shall be equal to 85 percent. In no case shall the application of the previous sentence result in the [Federal medical assistance percentage](/usc/42/1396d.md?p=b) applicable to amounts expended by a [State](/usc/42/619.md?p=5) for [medical assistance](/usc/42/1396d.md?p=a) for such qualifying community-based mobile crisis [intervention](/usc/42/1397n–12.md?p=2) services furnished during a quarter being less than the [Federal medical assistance percentage](/usc/42/1396d.md?p=b) that would apply to such amounts expended by the [State](/usc/42/619.md?p=5) for such services furnished during such quarter without application of the previous sentence.
- (d) **Requirements—** The requirements described in this subsection are the following:
  - (1) The [State](/usc/42/619.md?p=5) demonstrates, to the satisfaction of the [Secretary](/usc/42/1301.md?p=a-6) that it will be able to support the provision of qualifying community-based mobile crisis [intervention](/usc/42/1397n–12.md?p=2) services that meet the conditions specified in [subsection (b)](#b).
  - (2) The [State](/usc/42/619.md?p=5) provides assurances satisfactory to the [Secretary](/usc/42/1301.md?p=a-6) that—
    - (A) any additional Federal funds received by the [State](/usc/42/619.md?p=5) for qualifying community-based mobile crisis [intervention](/usc/42/1397n–12.md?p=2) services provided under this section that are attributable to the increased [Federal medical assistance percentage](/usc/42/1396d.md?p=b) under subection (c) will be used to supplement, and not supplant, the level of [State](/usc/42/619.md?p=5) funds expended for such services for the [fiscal year](/usc/42/619.md?p=3) preceding the first fiscal quarter occurring during the period described in [subsection (a)](#a);
    - (B) if the [State](/usc/42/619.md?p=5) made qualifying community-based mobile crisis [intervention](/usc/42/1397n–12.md?p=2) services available in a region of the [State](/usc/42/619.md?p=5) in such [fiscal year](/usc/42/619.md?p=3), the [State](/usc/42/619.md?p=5) will continue to make such services available in such region under this section during each month occurring during the period described in [subsection (a)](#a) for which the [Federal medical assistance percentage](/usc/42/1396d.md?p=b) under [subsection (c)](#c) is applicable with respect to the [State](/usc/42/619.md?p=5).
- (e) **Funding for State planning grants—** There is appropriated, out of any funds in the Treasury not otherwise appropriated, $15,000,000 to the [Secretary](/usc/42/1301.md?p=a-6) for purposes of implementing, administering, and making planning [grants](/usc/42/1397j.md?p=10) to [States](/usc/42/619.md?p=5) as soon as practicable for purposes of developing a [State](/usc/42/619.md?p=5) plan amendment or section [1315](/usc/42/1315.md), [1396n(b)](/usc/42/1396n.md?p=b), or [1396n(c)](/usc/42/1396n.md?p=c) of this title waiver request (or an amendment to such a waiver) to provide qualifying community-based mobile crisis [intervention](/usc/42/1397n–12.md?p=2) services under this section, to remain available until expended.

## Source credit

(Aug. 14, 1935, ch. 531, title XIX, § 1947, as added Pub. L. 117–2, title IX, § 9813, Mar. 11, 2021, 135 Stat. 213.)