Research and recommendations on criminal background check process for peer support specialists
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(a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary), in coordination with the Attorney General, shall develop a report on research and recommendations with respect to criminal background check processes for individuals becoming peer support specialists. (b) Contents The report under subsection (a) shall include— (1) a summary of evidence-informed literature on the effectiveness of peer support specialists in improving the mental health and the substance use disorder recovery of other individuals; (2) a survey of each State's laws (including regulations) that contain criminal background check requirements for serving as a peer support specialist, including— (A) an analysis of criminal offenses that are included in State laws (including regulations) that prevent individuals from earning a peer support specialist certification or from practicing as a peer support specialist; (B) an analysis of requirements (if any) under the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan relating to background checks for providers participating under such plan or waiver and the extent to which any such requirements differ from similar requirements imposed under State law (including regulations); (C) an analysis of requirements (if any) of any State receiving a grant under part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.) relating to background checks for providers participating in a program under, or otherwise providing services supported by, such grant; (D) a review of State laws (including regulations) that provide exemptions from prohibitions regarding certification or practice of peer support specialists; and (E) an indication of each State that has gone through the process of amending or otherwise changing criminal background check laws (including regulations) for the certification and practice of peer support specialists; and (3) recommendations to States on criminal background check processes that would reduce barriers to becoming certified as peer support specialists. (c) Availability Not later than 1 year after the date of enactment of this Act, the Secretary shall— (1) post the report required under subsection (a) on the publicly accessible internet website of the Substance Abuse and Mental Health Services Administration; and (2) distribute such report to— (A) State agencies responsible for certification of peer support specialists; (B) the Centers for Medicare & Medicaid Services; (C) State agencies responsible for carrying out a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan; and (D) State agencies responsible for carrying out a grant under part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.).