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commenters suggested that funding should be available broadly and quickly for this purpose, <br />recommending that funding available for behavioral health not be tied to the amount of revenue <br />loss experienced by the recipient. <br />Treasury Response: In the final rule, Treasury is maintaining this enumerated eligible use <br />category and clarifying that it covers an expansive array of services for prevention, treatment, <br />recovery, and harm reduction for mental health, substance use, and other behavioral health <br />challenges caused or exacerbated by the public health emergency. The specific services listed in <br />the interim final rule also remain eligible.77 <br />Treasury is further clarifying that when providing behavioral health services, recipients <br />can identify the impacted population as the general public and, as with all enumerated eligible <br />uses, presume that all programs and services are reasonably proportional responses to the harm <br />identified unless a response is grossly disproportionate to the type or extent of harm experienced. <br />In contrast, capital expenditures are not considered "programs and services" and are not <br />presumed to be reasonably proportional responses to an identified harm except as provided in <br />section Capital Expenditures in General Provisions: Other. <br />In other words, recipients can provide behavioral health services to members of the <br />general public without any further analysis of impacts of the pandemic on those individuals and <br />whether the service is responsive. Recipients may also use this eligible use category to respond <br />to increased rates of behavioral health challenges at a population level or, at an individual level, <br />new behavioral health challenges or exacerbation of pre-existing challenges, including new <br />barriers to accessing treatment. <br />77 Hotlines or warmlines, crisis intervention, overdose prevention, infectious disease prevention, and services or <br />outreach to promote access to physical or behavioral health primary care and preventative medicine. <br />67 <br />