---
kind: "section"
citation: "42 U.S.C. § 1396w–8"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1396w–8"
heading: "Collection and reporting of comprehensive data for specified populations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1396w-8"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter XIX — Grants to States for Medical Assistance Programs"
---

# §1396w–8. Collection and reporting of comprehensive data for specified populations

- (a) **Recurring analysis and publication of health care data related to treatment for substance use disorder or a mental health condition—**
  - (1) **In general—** The [Secretary](/usc/42/1301.md?p=a-6), on an annual basis, shall link, analyze, and publish on a publicly available website data reported by [States](/usc/42/619.md?p=5) through the Transformed Medicaid Statistical Information System (T–MSIS) (or a successor system) relating to substance use disorder and mental health services provided to individuals enrolled under a [State](/usc/42/619.md?p=5) plan under this subchapter or a [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) who have been diagnosed with a substance use disorder or mental health condition, [including](/usc/42/1301.md?p=b) an analysis that is disaggregated by age. Such enrollee information shall be de-identified of any personally identifying information, shall adhere to privacy [standards](/usc/42/1320d.md?p=7) established by the Department of Health and Human Services, and shall be aggregated to protect the privacy of enrollees, as necessary.
  - (2) **Requirements—** The analysis required under [paragraph (1)](#a-1) shall include, at a minimum, the following data for each [State](/usc/42/619.md?p=5) ([including](/usc/42/1301.md?p=b), to the extent available, for the District of Columbia, Puerto Rico, the [United States](/usc/42/1301.md?p=a-2) Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa):
    - (A) The number and percentage of individuals enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) in each of the major enrollment categories (as defined in a public letter from the Medicaid and CHIP Payment and Access Commission to the [Secretary](/usc/42/1301.md?p=a-6)) who have been diagnosed with—
      - (i) a substance use disorder;
      - (ii) a mental health condition; or
      - (iii) a co-occurring substance use disorder and mental health condition.
    - (B) With respect to individuals enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) who have received a diagnosis described in [subparagraph (A)](#a-2-A), a list of the substance use disorder and mental health [treatment](/usc/42/11851.md?p=11) services, [including](/usc/42/1301.md?p=b), to the extent such data are available, specific [adult](/usc/42/619.md?p=1) and pediatric services by each major type of service, such as counseling, intensive home-based services, intensive care coordination, crisis services tailored to children and [youth](/usc/42/629a.md?p=a-11), peer support services, family-to-family support, inpatient [hospitalization](/usc/42/1301.md?p=a-7), [medication-assisted treatment](/usc/42/1396d.md?p=ee-1), residential [treatment](/usc/42/11851.md?p=11), and other appropriate services as identified by the [Secretary](/usc/42/1301.md?p=a-6), for which beneficiaries in each [State](/usc/42/619.md?p=5) received at least 1 service under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans).
    - (C) With respect to each diagnosis described in [subparagraph (A)](#a-2-A), the number and percentage of individuals enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) who have such diagnosis and received services for such diagnosis under such plan or waiver by each major type of [treatment](/usc/42/11851.md?p=11) service listed under [subparagraph (B)](#a-2-B) within each major setting type, such as outpatient, inpatient, residential, and other home-based and community-based settings.
    - (D) The number of services provided under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) per individual enrolled under such plan or waiver who has a diagnosis described in [subparagraph (A)](#a-2-A) for each such diagnosis and each major type of [treatment](/usc/42/11851.md?p=11) service listed under [subparagraph (B)](#a-2-B).
    - (E) The number and percentage of individuals enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) by major enrollment category, who have a diagnosis described in [subparagraph (A)](#a-2-A) and received substance use disorder or mental health [treatment](/usc/42/11851.md?p=11) through—
      - (i) a Medicaid managed care entity (as defined in [section 1396u–2(a)(1)(B) of this title](/usc/42/1396u–2.md?p=a-1-B)), [including](/usc/42/1301.md?p=b) the number of such individuals who received such assistance through a prepaid inpatient [health plan](/usc/42/1320d.md?p=5) (as defined by the [Secretary](/usc/42/1301.md?p=a-6)) or a prepaid ambulatory [health plan](/usc/42/1320d.md?p=5) (as defined by the [Secretary](/usc/42/1301.md?p=a-6));
      - (ii) a fee-for-service payment model; or
      - (iii) an alternative payment model, to the extent available.
    - (F) The number and percentage of individuals enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) who have a diagnosis described in [subparagraph (A)](#a-2-A) and received services for a mental health condition or a substance use disorder in an outpatient or community-based or home-based setting after receiving mental health or substance use disorder services in an inpatient or residential setting, and the number of mental health or substance use disorder services received by such individuals in the outpatient or community-based or home-based setting.
    - (G) The number and percentage of inpatient admissions in which services for a mental health condition or substance use disorder were provided to an individual enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) that occurred within 30 days after discharge from a [hospital](/usc/42/300s–3.md?p=1) or residential [facility](/usc/42/1320a–3.md?p=c-5-B) in which services for a mental health condition or substance use disorder previously were provided to such individual, disaggregated by each diagnosis described in [subparagraph (A)](#a-2-A) and type of [facility](/usc/42/1320a–3.md?p=c-5-B), to the extent such information is available.
    - (H) The number of emergency department visits by an individual enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) who has a diagnosis described in [subparagraph (A)](#a-2-A) within 7 days of such individual being discharged from an inpatient stay at a [hospital](/usc/42/300s–3.md?p=1) during which services for a mental health condition or substance use disorder were provided, or from a mental health [facility](/usc/42/1320a–3.md?p=c-5-B), an independent psychiatric wing of an acute care [hospital](/usc/42/300s–3.md?p=1), an intermediate care [facility](/usc/42/1320a–3.md?p=c-5-B) for individuals with intellectual disabilities, or a residential [treatment](/usc/42/11851.md?p=11) [facility](/usc/42/1320a–3.md?p=c-5-B), disaggregated by each diagnosis described in [subparagraph (A)](#a-2-A) and type of [facility](/usc/42/1320a–3.md?p=c-5-B), to the extent such information is available.
    - (I) The number and percentage of individuals who are enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) and received an assessment for a mental health condition.
    - (J) The number and percentage of individuals who are enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) and received an assessment for a substance use disorder.
    - (K) The number of mental health services provided to individuals enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) who received an assessment described in [subparagraph (I)](#a-2-I) in the 30 days post-assessment.
    - (L) The number of substance use disorder [treatment](/usc/42/11851.md?p=11) services provided to individuals enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) who received an assessment described in [subparagraph (J)](#a-2-J) in the 30 days post-assessment.
    - (M) Prescription National Drug Code codes, fill dates, and number of days supply of any covered outpatient [drug](/usc/42/11851.md?p=4) (as defined in [section 1396r–8(k)(2) of this title](/usc/42/1396r–8.md?p=k-2)) that was dispensed to an individual enrolled under the [State](/usc/42/619.md?p=5) plan under this subchapter or the [State child health plan](/usc/42/1397jj.md?p=c-7) under subchapter XXI (or under a waiver of such plans) with an episode described in subparagraph [(G)](#a-2-G) or [(H)](#a-2-H) during any period that occurs after the individual’s discharge date defined in subparagraph [(G)](#a-2-G) or [(H)](#a-2-H) (as applicable), and before the admission date applicable under [subparagraph (G)](#a-2-G) or the date of the emergency department visit applicable under [subparagraph (H)](#a-2-H) that were—
      - (i) to treat a mental health condition; or
      - (ii) to treat a substance use disorder.
- (b) **Publication—**
  - (1) **In general—** Not later than 18 months after March 9, 2024, the [Secretary](/usc/42/1301.md?p=a-6) shall make publicly available the first analysis required by [subsection (a)](#a).
  - (2) **Annual updates—** The [Secretary](/usc/42/1301.md?p=a-6) shall issue an updated version of the analysis required under [subsection (a)](#a) not later than January 1 of each calendar year.
  - (3) **Use of T–MSIS data—** The analysis required under [subsection (a)](#a) and updates required under [paragraph (4)](#b-4) shall—
    - (A) use data and definitions from the T–MSIS data set that is no more than 12 months old on the date that the analysis or update is published; and
    - (B) as appropriate, include a description with respect to each [State](/usc/42/619.md?p=5) of the quality and completeness of the data and caveats describing the limitations of the data reported to the [Secretary](/usc/42/1301.md?p=a-6) by the [State](/usc/42/619.md?p=5) that is sufficient to communicate the appropriate uses for the information.
  - (4) **Revised publication—** Beginning not later than 3 years after March 9, 2024, the [Secretary](/usc/42/1301.md?p=a-6) annually shall publish a revised publication of the analysis required by [subsection (a)](#a) that allows for a research-ready and publicly accessible interface of the publication and is developed after consultation with stakeholders on the usability of the data contained in the publication.
  - (5) **Making T–MSIS data on substance use disorders and mental health conditions available to researchers—**
    - (A) **Requirement to publish system of records notice—**
      - (i) **In general—** Subject to [subparagraph (B)](#b-5-B), the [Secretary](/usc/42/1301.md?p=a-6) shall publish in the Federal Register a system of records notice for the data specified in [clause (ii)](#b-5-A-ii) for the Transformed Medicaid Statistical Information System, in accordance with [section 552a(e)(4) of title 5](/usc/5/552a.md?p=e-4). The notice shall outline policies that protect the security and privacy of the data that, at a minimum, meet the security and privacy policies of SORN 09-70-0541 for the Medicaid Statistical Information System.
      - (ii) **Required data—** The data covered by the systems of records notice required under [clause (i)](#b-5-A-i) shall be sufficient for researchers and [States](/usc/42/619.md?p=5) to analyze the prevalence of conditions described in [subsection (a)(2)(A)](#a-2-A) in the Medicaid and Children’s Health Insurance Program beneficiary population and the [treatment](/usc/42/11851.md?p=11) of such conditions under Medicaid across all [States](/usc/42/619.md?p=5) ([including](/usc/42/1301.md?p=b) the District of Columbia, Puerto Rico, the [United States](/usc/42/1301.md?p=a-2) Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa), forms of [treatment](/usc/42/11851.md?p=11), and [treatment](/usc/42/11851.md?p=11) settings.
      - (iii) **Initiation of data-sharing activities—** Not later than January 1, 2025, the [Secretary](/usc/42/1301.md?p=a-6) shall initiate the data-sharing activities outlined in the notice required under [clause (i)](#b-5-A-i).
    - (B) **Satisfaction of requirement through existing system of records notice—** The [Secretary](/usc/42/1301.md?p=a-6) shall not be required to publish a new system of records notice as required under [subparagraph (A)](#b-5-A) if, not later than January 1, 2025, the [Secretary](/usc/42/1301.md?p=a-6) determines that the system of records notice published by the [Secretary](/usc/42/1301.md?p=a-6) in the Federal Register on February 6, 2019 (84 Fed. Reg. 2230), satisfies the requirements described in [subparagraph (A)](#b-5-A).

## Source credit

(Aug. 14, 1935, ch. 531, title XIX, § 1948, as added Pub. L. 118–42, div. G, title I, § 202, Mar. 9, 2024, 138 Stat. 399.)