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4356 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations <br /> considered"programs and services" and eligible services under SURF are not violence, or gun violence in some <br /> are not presumed to be reasonably limited to those eligible under existing communities during the pandemic. <br /> proportional responses to an identified federal programs. Treasury released further guidance <br /> harm except as provided in section Given the public health emergency's identifying how enumerated eligible <br /> Capital Expenditures in General exacerbation of the ongoing opioid and uses and eligible use categories under <br /> Provisions:Other. overdose crisis,Treasury highlights the interim final rule could support <br /> In other words,recipients can provide several ways that funds may be used to violence reduction efforts,including <br /> behavioral health services to members respond to opioid use disorder and rehiring public sector staff,behavioral <br /> of the general public without any prevent overdose mortality.79 health services, and services to address <br /> further analysis of impacts of the Specifically,eligible uses of funds negative economic impacts of the <br /> pandemic on those individuals and include programs to expand access to pandemic that may aid victims of crime. <br /> whether the service is responsive. evidence-based treatment like The guidance also identified an <br /> Recipients may also use this eligible use medications to treat opioid use disorder expanded set of enumerated eligible <br /> category to respond to increased rates of (e.g., direct costs or incentives for uses to address increased gun violence. <br /> behavioral health challenges at a emergency departments,prisons,jails, Public Comment:Several commenters <br /> population level or,at an individual and outpatient providers to offer expressed support for this use of funds. <br /> level,new behavioral health challenges medications and low-barrier treatment), Treasury Response:In the final rule, <br /> or exacerbation of pre-existing naloxone distribution, syringe service Treasury is maintaining enumerated <br /> challenges,including new barriers to programs, outreach to individuals in eligible uses in this area and clarifying <br /> accessing treatment. active use,post-overdose follow up how to apply eligibility standards. <br /> Services that respond to these impacts programs,programs for diversion from Throughout the final rule, enumerated <br /> of the public health emergency may the criminal justice system,and eligible uses should respond to an <br /> include services across the continuum contingency management interventions. identified impact of the COVID-19 <br /> of care,including both acute and Finally,for clarity,Treasury has public health emergency in a reasonably <br /> chronic care,such as prevention, addressed the eligibility standard for proportional manner to the extent and <br /> outpatient treatment,inpatient capital expenditures, or investments in type of harm experienced.Many of the <br /> treatment, crisis care, diversion property,facilities,or equipment, in one enumerated eligible uses—like <br /> programs (e.g.,from emergency section of this Supplementary behavioral health services, services to <br /> departments or criminal justice system Information;see section Capital improve employment opportunities, and <br /> involvement), outreach to individuals Expenditures in General Provisions: services to address educational <br /> not yet engaged in treatment,harm Other.Examples of capital expenditures disparities in disproportionately <br /> reduction, and supports for long-term related to behavioral health that impacted communities—that respond to <br /> recovery(e.g.,peer support or recovery Treasury recognizes as eligible include the public health and negative economic <br /> coaching,housing,transportation, impacts of the pandemic may also have <br /> g g p behavioral health facilities and benefits for reducing crime or aiding <br /> employment services). equipment(e.g.,inpatient or outpatient g g <br /> Recipients may also provide services mental health or substance use victims of crime.For example,the <br /> fors special populations,for example, pandemic exacerbated the impact of <br /> p p p p treatment facilities,crisis centers, domestic violence, sexual assault, and <br /> enhanced services in schools to address diversion centers), as long as they human traffickin • enumerated eli ible <br /> increased rates of behavioral health adhere to the standards detailed in the g' g <br /> challenges for youths,mental health Capital Expenditures section. uses like emergency housing assistance, <br /> first responder or law enforcement- cash assistance, or assistance with food, <br /> d. Preventing and Responding to childcare, and other needs could be <br /> mental health co-responder programs to <br /> divert individuals experiencing mental Violence used to support survivors of domestic <br /> illness from the criminal justice system, Background:The interim final rule violence, sexual assault, or human <br /> or services for pregnant women with highlighted that some types of violence trafficking who experienced public <br /> substance use disorders or infants born had increased during the pandemic and health or economic impacts due to the <br /> with neonatal abstinence syndrome. that the ability of victims to access pandemic. <br /> Finally,recipients may use funds for services had decreased,noting as an Public Comment.Several commenters <br /> expressed support for community <br /> programs or services to support example the challenges that individuals <br /> violence intervention programs or <br /> equitable access to services and reduce affected by domestic violence face in <br /> racial,ethnic,or socioeconomic accessing services.Accordingly,the argued that traditional public safety <br /> disparities in access to high-qualityapproaches had negatively impacted the <br /> dis <br /> p interim final rule enumerated as an social determinants of health in their <br /> treatment. eligible use,in disproportionately <br /> Eligible uses of funds may include communities. Several commenters <br /> g Y impacted communities, evidence-based recommended inclusion of approaches <br /> services typically billable to community violence intervention <br /> typically like mental health or substance use <br /> insurance 78 or services not t <br /> Yp Y programs. Following the release of the diversion programs. <br /> billable to insurance, such as peer interim final rule,Treasury received Treasury Response:Treasury <br /> support groups, costs for residence in several recipient questions regarding recognizes the importance of <br /> supportive housing or recovery housing, whether and how funds may be used to comprehensive approaches to <br /> and the 988 National Suicide Prevention respond to an increase in crime, challenges like violence.The final rule <br /> Lifeline or other hotline services. includes an enumerated eligible use for <br /> Recipients may also use funds in 79In line with the Department of Health and <br /> community violence intervention <br /> conjunction with other federal grants or Human Services,Overdose Prevention Strategy, <br /> programs (see section Program https://www.hhs.gov/overdose-prevention/,and the programs in all communities,not just <br /> Office of National Drug Control Policy, the disproportionately impacted <br /> Administration Provisions),though Administration's Statement on Drug Policy communities eligible under the interim <br /> Priorities for Year One(April 1,2021),https:// final rule. Given the increased rate of <br /> 78 However,SLFRF funds may not be used to www.whitehouse.gov/wp-content/uploads/2021/03/ <br /> reimburse a service that was also billed to BidenHarris-Statement-of-Drug-Policy-Priorities- violence during the pandemic,Treasury <br /> insurance. April-1.pdf. has determined that this enumerated <br />