--- kind: "section" citation: "42 U.S.C. § 254c–16" title: "42" title_heading: "The Public Health and Welfare" number: "254c–16" heading: "Mental health services delivered via telehealth" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/254c-16" units: - "Chapter 6A — Public Health Service" - "Subchapter II — General Powers and Duties" - "Part D — Primary Health Care" - "Subpart i — health centers" --- # §254c–16. Mental health services delivered via telehealth - (a) **Definitions—** In this section: - (1) **Eligible entity—** The term “eligible entity” means a public or [nonprofit](/usc/42/300s–3.md?p=3) private telehealth [provider](/usc/42/299b–21.md?p=8) network that offers [services](/usc/42/201.md?p=a) that include mental health [services](/usc/42/201.md?p=a) provided by qualified mental health [providers](/usc/42/299b–21.md?p=8). - (2) **Qualified mental health professionals—** The term “qualified mental health professionals” refers to [providers](/usc/42/299b–21.md?p=8) of mental health [services](/usc/42/201.md?p=a) reimbursed under the medicare [program](/usc/42/274l–1.md?p=4) carried out under title XVIII of the Social Security Act ([42 U.S.C. 1395](/usc/42/1395.md) et seq.) who have additional training in the [treatment](/usc/42/11851.md?p=11) of mental illness in children and [adolescents](/usc/42/300z–1.md?p=a-9) or who have additional training in the [treatment](/usc/42/11851.md?p=11) of mental illness in the elderly. - (3) **Special populations—** The term “special populations” refers to the following 2 distinct groups: - (A) Children and [adolescents](/usc/42/300z–1.md?p=a-9) in mental health underserved rural areas or in mental health underserved urban areas. - (B) Elderly individuals located in long-term care facilities in mental health underserved rural or urban areas. - (4) **Telehealth—** The term “telehealth” means the use of electronic information and telecommunications technologies to support long distance clinical health care, patient and professional health-related education, public health, and health administration. - (b) **Program authorized—** - (1) **In general—** The [Secretary](/usc/42/201.md?p=c), acting through the [Director](/usc/42/11851.md?p=5) of the Office for the Advancement of Telehealth of the Health Resources and [Services](/usc/42/201.md?p=a) Administration, shall award grants to eligible entities to establish demonstration [projects](/usc/42/13641.md?p=2) for the provision of mental health [services](/usc/42/201.md?p=a) to special populations as delivered remotely by qualified mental health professionals using telehealth and for the provision of education regarding mental illness as delivered remotely by qualified mental health professionals using telehealth. - (2) **Populations served—** The [Secretary](/usc/42/201.md?p=c) shall award the grants under [paragraph (1)](#b-1) in a manner that distributes the grants so as to serve equitably the populations described in subparagraphs [(A)](#a-3-A) and [(B)](#a-3-B) of subsection (a)(3). - (c) **Use of funds—** - (1) **In general—** An eligible entity that receives a grant under this section shall use the grant funds— - (A) for the populations described in [subsection (a)(3)(A)](#a-3-A)— - (i) to provide mental health [services](/usc/42/201.md?p=a), including diagnosis and [treatment](/usc/42/11851.md?p=11) of mental illness, as delivered remotely by qualified mental health professionals using telehealth; and - (ii) to collaborate with local public health entities to provide the mental health [services](/usc/42/201.md?p=a); and - (B) for the populations described in [subsection (a)(3)(B)](#a-3-B)— - (i) to provide mental health [services](/usc/42/201.md?p=a), including diagnosis and [treatment](/usc/42/11851.md?p=11) of mental illness, in long-term care facilities as delivered remotely by qualified mental health professionals using telehealth; and - (ii) to collaborate with local public health entities to provide the mental health [services](/usc/42/201.md?p=a). - (2) **Other uses—** An eligible entity that receives a grant under this section may also use the grant funds to— - (A) pay telecommunications costs; and - (B) pay qualified mental health professionals on a reasonable cost basis as determined by the [Secretary](/usc/42/201.md?p=c) for [services](/usc/42/201.md?p=a) rendered. - (3) **Prohibited uses—** An eligible entity that receives a grant under this section shall not use the grant funds to— - (A) purchase or install transmission equipment (other than such equipment used by qualified mental health professionals to deliver mental health [services](/usc/42/201.md?p=a) using telehealth under the [project](/usc/42/13641.md?p=2) involved); or - (B) build upon or acquire real property. - (d) **Equitable distribution—** In awarding grants under this section, the [Secretary](/usc/42/201.md?p=c) shall ensure, to the greatest extent possible, that such grants are equitably distributed among geographical regions of the United States. - (e) **Application—** An entity that desires a grant under this section shall submit an application to the [Secretary](/usc/42/201.md?p=c) at such time, in such manner, and containing such information as the [Secretary](/usc/42/201.md?p=c) determines to be reasonable. - (f) **Report—** Not later than 4 years after October 26, 2002, the [Secretary](/usc/42/201.md?p=c) shall prepare and submit to the appropriate committees of Congress a report that shall evaluate activities funded with grants under this section. - (g) **Authorization of appropriations—** There are authorized to be appropriated to carry out this section, $20,000,000 for fiscal year 2002 and such sums as may be necessary for fiscal years 2003 through 2006. ## Source credit (July 1, 1944, ch. 373, title III, § 330K, as added Pub. L. 107–251, title II, § 221, Oct. 26, 2002, 116 Stat. 1640; amended Pub. L. 108–163, § 2(d), Dec. 6, 2003, 117 Stat. 2021.) ## Notes ### Editorial Notes ### References in Text The Social Security Act, referred to in subsec. (a)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. ### Amendments 2003—Subsec. (b)(2). Pub. L. 108–163, § 2(d)(1), substituted “subsection (a)(3)” for “subsection (a)(4)”. Subsec. (c)(1)(A). Pub. L. 108–163, § 2(d)(2)(A), substituted “subsection (a)(3)(A)” for “subsection (a)(4)(A)”. Subsec. (c)(1)(B). Pub. L. 108–163, § 2(d)(2)(B), substituted “subsection (a)(3)(B)” for “subsection (a)(4)(B)”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 2003 Amendment Amendments by Pub. L. 108–163 deemed to have taken effect immediately after the enactment of Pub. L. 107–251, see section 3 of Pub. L. 108–163, set out as a note under section 233 of this title.