community mental health center
(3) (A) A program described in this paragraph is a program which is furnished by a hospital to its outpatients or by a community mental health center (as defined in subparagraph (B)), and which is a distinct and organized intensive ambulatory treatment service offering less than 24-hour-daily care other than in an individual’s home or in an inpatient or residential setting. (B) For purposes of subparagraph (A), the term “community mental health center” means an entity that— (i) (I) provides the mental health services described in section 1913(c)(1) of the Public Health Service Act [ 42 U.S.C. 300x–2(c)(1) ]; or (II) in the case of an entity operating in a State that by law precludes the entity from providing itself the service described in subparagraph (E) of such section, provides for such service by contract with an approved organization or entity (as determined by the Secretary); (ii) meets applicable licensing or certification requirements for community mental health centers in the State in which it is located; (iii) provides at least 40 percent of its services to individuals who are not eligible for benefits under this subchapter; and (iv) meets such additional conditions as the Secretary shall specify to ensure (I) the health and safety of individuals being furnished such services, (II) the effective and efficient furnishing of such services, and (III) the compliance of such entity with the criteria described in section 1931(c)(1) of the Public Health Service Act [ 42 U.S.C. 300x–31(c)(1) ].