42 U.S. Code § 300ff–51 - Establishment of a program
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(a) In general
(1) In general
The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to expend the grant only for—
(c) Required funding for core medical services
(1) In general
With respect to a grant under subsection (a) to an applicant for a fiscal year, the applicant shall, of the portion of the grant remaining after reserving amounts for purposes of paragraphs (3) and (5) of section 300ff–64 (g) of this title, use not less than 75 percent to provide core medical services that are needed in the area involved for individuals with HIV/AIDS who are identified and eligible under this subchapter (including services regarding the co-occurring conditions of the individuals).
(A) The Secretary shall waive the application of paragraph (1) with respect to an applicant for a grant if the Secretary determines that, within the service area of the applicant—
(i) there are no waiting lists for AIDS Drug Assistance Program services under section 300ff–26 of this title; and
(3) Core medical services
For purposes of this subsection, the term “core medical services”, with respect to an individual with HIV/AIDS (including the co-occurring conditions of the individual) means the following services:
(B) AIDS Drug Assistance Program treatments under section 300ff–26 of this title.
(F) Health insurance premium and cost sharing assistance for low-income individuals in accordance with section 300ff–25 of this title.
(d) Support services
(1) In general
For purposes of this section, the term “support services” means services, subject to the approval of the Secretary, that are needed for individuals with HIV/AIDS to achieve their medical outcomes (such as respite care for persons caring for individuals with HIV/AIDS, outreach services, medical transportation, linguistic services, and referrals for health care and support services).
(e) Specification of early intervention services
(1) In general
The early intervention services referred to in this section are—
(A) counseling individuals with respect to HIV/AIDS in accordance with section 300ff–62 of this title;
(B) testing individuals with respect to HIV/AIDS, including tests to confirm the presence of the disease, tests to diagnose the extent of the deficiency in the immune system, and tests to provide information on appropriate therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from HIV/AIDS;
(D) other clinical and diagnostic services regarding HIV/AIDS, and periodic medical evaluations of individuals with HIV/AIDS; and
The services referred to in paragraph (1)(C) are referrals of individuals with HIV/AIDS to appropriate providers of health and support services, including, as appropriate—
(B) to biomedical research facilities of institutions of higher education that offer experimental treatment for such disease, or to community-based organizations or other entities that provide such treatment; or
(C) to grantees under section 300ff–71 of this title, in the case of a pregnant woman.
(3) Requirement of availability of all early intervention services through each grantee
(A) In general
The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees that each of the early intervention services specified in paragraph (2) will be available through the grantee. With respect to compliance with such agreement, such a grantee may expend the grant to provide the early intervention services directly, and may expend the grant to enter into agreements with public or nonprofit private entities, or private for-profit entities if such entities are the only available provider of quality HIV care in the area, under which the entities provide the services.
(B) Other requirements
Grantees described in—
(i) subparagraphs (A), (D), (E), and (F) of section 300ff–52 (a)(1) of this title shall use not less than 50 percent of the amount of such a grant to provide the services described in subparagraphs (A), (B), (D), and (E) of paragraph (1) directly and on-site or at sites where other primary care services are rendered; and
(ii) subparagraphs (B) and (C) of section 300ff–52 (a)(1) of this title shall ensure the availability of early intervention services through a system of linkages to community-based primary care providers, and to establish mechanisms for the referrals described in paragraph (1)(C), and for follow-up concerning such referrals.
Source(July 1, 1944, ch. 373, title XXVI, § 2651, as added Pub. L. 101–381, title III, § 301(a),Aug. 18, 1990, 104 Stat. 606; amended Pub. L. 101–557, title IV, § 401(b)(2),Nov. 15, 1990, 104 Stat. 2771; Pub. L. 104–146, §§ 3(d)(1), 12 (c)(7),May 20, 1996, 110 Stat. 1357, 1374; Pub. L. 109–415, title III, § 301(a), title VII, § 703,Dec. 19, 2006, 120 Stat. 2803, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A),Oct. 30, 2009, 123 Stat. 2885.)
2009—Pub. L. 111–87repealed Pub. L. 109–415, § 703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below.
2006—Pub. L. 109–415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 111–87, § 2(a)(1), effective Sept. 30, 2009.
Pub. L. 109–415, § 301(a), amended section catchline and text generally, reenacting subsec. (a) without change and substituting subsecs. (b) to (e) for former subsecs. (b) and (c), which related to purposes of grants and participation in a consortium, respectively.
1996—Subsec. (b)(1). Pub. L. 104–146, § 3(d)(1)(A), inserted before period “, and unless the applicant agrees to expend not less than 50 percent of the grant for such services that are specified in subparagraphs (B) through (E) of such paragraph for individuals with HIV disease”.
Subsec. (b)(3)(B). Pub. L. 104–146, § 12(c)(7)(A), substituted “facilities” for “facility”.
Subsec. (b)(4). Pub. L. 104–146, § 3(d)(1)(B), designated existing provisions as subpar. (A) and inserted heading, inserted “, or private for-profit entities if such entities are the only available provider of quality HIV care in the area,” after “nonprofit private entities”, realigned margin, and added subpar. (B).
Subsec. (c). Pub. L. 104–146, § 12(c)(7)(B), substituted “exists” for “exist”.
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) ofPub. L. 111–87of section 703 ofPub. L. 109–415be effective Sept. 30, 2009, and that the provisions of this section as in effect on Sept. 30, 2009, be revived, see section 2(a)(2), (3)(A) ofPub. L. 111–87, set out as a note under section 300ff–11 of this title.
Effective Date of 1996 Amendment