Collapse to view only § 300ff-52. Minimum qualifications of grantees
- § 300ff-51. Establishment of a program
- § 300ff-52. Minimum qualifications of grantees
- § 300ff-53. Preferences in making grants
- § 300ff-54. Miscellaneous provisions
- § 300ff-55. Authorization of appropriations
§ 300ff–51. Establishment of a program
(a) In general
(b) Requirements
(1) In generalThe Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to expend the grant only for—
(A) core medical services described in subsection (c);
(B) support services described in subsection (d); and
(C) administrative expenses as described in section 300ff–64(g)(3) of this title.
(2) Early intervention services
(c) Required funding for core medical services
(1) In general
(2) Waiver
(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
(ii) core medical services are available to all individuals with HIV/AIDS identified and eligible under this subchapter.
(B)Notification of waiver status.—When informing an applicant that a grant under subsection (a) is being made for a fiscal year, the Secretary shall inform the applicant whether a waiver under subparagraph (A) is in effect for the fiscal year.
(3) Core medical servicesFor 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:
(A) Outpatient and ambulatory health services.
(B) AIDS Drug Assistance Program treatments under section 300ff–26 of this title.
(C) AIDS pharmaceutical assistance.
(D) Oral health care.
(E) Early intervention services described in subsection (e).
(F) Health insurance premium and cost sharing assistance for low-income individuals in accordance with section 300ff–25 of this title.
(G) Home health care.
(H) Medical nutrition therapy.
(I) Hospice services.
(J) Home and community-based health services as defined under section 300ff–24(c) of this title.
(K) Mental health services.
(L) Substance abuse outpatient care.
(M) Medical case management, including treatment adherence services.
(d) Support services
(1) In general
(2) Definition of medical outcomes
(e) Specification of early intervention services
(1) In generalThe 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;
(C) referrals described in paragraph (2);
(D) other clinical and diagnostic services regarding HIV/AIDS, and periodic medical evaluations of individuals with HIV/AIDS; and
(E) providing the therapeutic measures described in subparagraph (B).
(2)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—
(A) to entities receiving amounts under part A or B for the provision of such services;
(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
(B) Other requirementsGrantees 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.
(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.)
§ 300ff–52. Minimum qualifications of grantees
(a) Eligible entities
(1) In general
The entities referred to in section 300ff–51(a) of this title are public entities and nonprofit private entities that are—
(A) federally-qualified health centers under section 1905(l)(2)(B) of the Social Security Act [42 U.S.C. 1396d(l)(2)(B)];
(B) grantees under section 300 of this title (regarding family planning) other than States;
(C) comprehensive hemophilia diagnostic and treatment centers;
(D) rural health clinics;
(E) health facilities operated by or pursuant to a contract with the Indian Health Service;
(F) community-based organizations, clinics, hospitals and other health facilities that provide early intervention services to those persons infected with HIV/AIDS through intravenous drug use; or
(G) nonprofit private entities that provide comprehensive primary care services to populations at risk of HIV/AIDS, including faith-based and community-based organizations.
(2) Underserved populations
(b) Status as medicaid provider
(1) In general
Subject to paragraph (2), the Secretary may not make a grant under section 300ff–51 of this title for the provision of services described in subsection (b) of such section in a State unless, in the case of any such service that is available pursuant to the State plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for the State—
(A) the applicant for the grant will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or
(B) the applicant for the grant will enter into an agreement with a public or nonprofit private entity, or a private for-profit entity if such entity is the only available provider of quality HIV care in the area, under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments.
(2) Waiver regarding certain secondary agreements
(A) In the case of an entity making an agreement pursuant to paragraph (1)(B) regarding the provision of services, the requirement established in such paragraph regarding a participation agreement shall be waived by the Secretary if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.
(B) A determination by the Secretary of whether an entity referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations regarding the provision of services to the public.
(July 1, 1944, ch. 373, title XXVI, § 2652, as added Pub. L. 101–381, title III, § 301(a), Aug. 18, 1990, 104 Stat. 607; amended Pub. L. 101–557, title IV, § 401(b)(3), Nov. 15, 1990, 104 Stat. 2771; Pub. L. 104–146, § 3(d)(2), May 20, 1996, 110 Stat. 1357; Pub. L. 107–251, title VI, § 601(a), Oct. 26, 2002, 116 Stat. 1664; Pub. L. 108–163, § 2(m)(3), Dec. 6, 2003, 117 Stat. 2023; Pub. L. 109–415, title III, § 302(a), title VII, § 703, Dec. 19, 2006, 120 Stat. 2806, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)
§ 300ff–53. Preferences in making grants
(a) In general
(b) Specification of factors
(1) In general
In the case of the geographic area with respect to which the entity involved is applying for a grant under section 300ff–51 of this title, the factors referred to in subsection (a), as determined for the period specified in paragraph (2), are—
(A) the number of cases of HIV/AIDS;
(B) the rate of increase in such cases;
(C) the lack of availability of early intervention services;
(D) the number of other cases of sexually transmitted diseases, and 1
1 So in original. The word “and” probably should not appear.
the number of cases of tuberculosis and of drug abuse 22 So in original. A comma probably should appear.
and the number of cases of individuals co-infected with HIV/AIDS and hepatitis B or C;(E) the rate of increase in each of the cases specified in subparagraph (D);
(F) the lack of availability of primary health services from providers other than such applicant; and
(G) the distance between such area and the nearest community that has an adequate level of availability of appropriate HIV-related services, and the length of time required to travel such distance.
(2) Relevant period of time
(c) Equitable allocations
(d) Certain areas
Of the applicants who qualify for preference under this section—
(1) the Secretary shall give preference to applicants that will expend the grant under section 300ff–51 of this title to provide early intervention under such section in rural areas; and
(2) the Secretary shall give preference to areas that are underserved with respect to such services.
(July 1, 1944, ch. 373, title XXVI, § 2653, as added Pub. L. 101–381, title III, § 301(a), Aug. 18, 1990, 104 Stat. 608; amended Pub. L. 106–345, title III, § 311, Oct. 20, 2000, 114 Stat. 1345; Pub. L. 109–415, title III, § 302(b), title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 2806, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)
§ 300ff–54. Miscellaneous provisions
(a) Services for individuals with hemophilia
(b) Technical assistance
(c) Planning and development grants
(1) In general
The Secretary may provide planning grants to public and nonprofit private entities for purposes of—
(A) enabling such entities to provide early intervention services; and
(B) assisting the entities in expanding their capacity to provide HIV/AIDS-related health services, including early intervention services, in low-income communities and affected subpopulations that are underserved with respect to such services (subject to the condition that a grant pursuant to this subparagraph may not be expended to purchase or improve land, or to purchase, construct, or permanently improve, other than minor remodeling, any building or other facility).
(2) Requirement
(3) Preference
(4) Amount and duration of grants
(A) Early intervention services
(B) Capacity development
(i) Amount
(ii) Duration
(5) Limitation
(July 1, 1944, ch. 373, title XXVI, § 2654, as added Pub. L. 101–381, title III, § 301(a), Aug. 18, 1990, 104 Stat. 608; amended Pub. L. 104–146, § 3(d)(3), May 20, 1996, 110 Stat. 1357; Pub. L. 106–345, title III, § 312, Oct. 20, 2000, 114 Stat. 1345; Pub. L. 109–415, title III, § 302(c), title VII, § 703, Dec. 19, 2006, 120 Stat. 2807, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)
§ 300ff–55. Authorization of appropriations
For the purpose of making grants under section 300ff–51 of this title, there are authorized to be appropriated, $218,600,000 for fiscal year 2007, $226,700,000 for fiscal year 2008, $235,100,000 for fiscal year 2009, $246,855,000 for fiscal year 2010, $259,198,000 for fiscal year 2011, $272,158,000 for fiscal year 2012, and $285,766,000 for fiscal year 2013.
(July 1, 1944, ch. 373, title XXVI, § 2655, as added Pub. L. 101–381, title III, § 301(a), Aug. 18, 1990, 104 Stat. 609; amended Pub. L. 104–146, § 3(d)(4), May 20, 1996, 110 Stat. 1358; Pub. L. 106–345, title III, § 313, Oct. 20, 2000, 114 Stat. 1346; Pub. L. 109–415, title III, § 303, title VII, § 703, Dec. 19, 2006, 120 Stat. 2807, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), (d), Oct. 30, 2009, 123 Stat. 2885, 2886.)