View all text of Subparti [§ 300ff-21 - § 300ff-31b]
§ 300ff–26. Provision of treatments
(a) In general
(b) Eligible individual
To be eligible to receive assistance from a State under this section an individual shall—
(1) have a medical diagnosis of HIV/AIDS; and
(2) be a low-income individual, as defined by the State.
(c) State duties
In carrying out this section the State shall—
(1) ensure that the therapeutics included on the list of classes of core antiretroviral therapeutics established by the Secretary under subsection (e) are, at a minimum, the treatments provided by the State pursuant to this section;
(2) provide assistance for the purchase of treatments determined to be eligible under paragraph (1), and the provision of such ancillary devices that are essential to administer such treatments;
(3) provide outreach to individuals with HIV/AIDS, and as appropriate to the families of such individuals;
(4) facilitate access to treatments for such individuals;
(5) document the progress made in making therapeutics described in subsection (a) available to individuals eligible for assistance under this section; and
(6) encourage, support, and enhance adherence to and compliance with treatment regimens, including related medical monitoring.
Of the amount reserved by a State for a fiscal year for use under this section, the State may not use more than 5 percent to carry out services under paragraph (6), except that the percentage applicable with respect to such paragraph is 10 percent if the State demonstrates to the Secretary that such additional services are essential and in no way diminish access to the therapeutics described in subsection (a).
(d) Duties of Secretary
(e) List of classes of core antiretroviral therapeutics
(f) Use of health insurance and plans
(1) In general
(2) Limitation
(g) Drug rebate program
(July 1, 1944, ch. 373, title XXVI, § 2616, as added Pub. L. 101–381, title II, § 201, Aug. 18, 1990, 104 Stat. 590; amended Pub. L. 104–146, § 3(c)(3), May 20, 1996, 110 Stat. 1355; Pub. L. 106–345, title II, § 204, Oct. 20, 2000, 114 Stat. 1332; Pub. L. 109–415, title II, §§ 201(c)(4), 202, 204(a), title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 2788, 2796, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)