Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XXIV— - HIV HEALTH CARE SERVICES PROGRAM › Part Part B— - Care Grant Program › Subpart subpart ii— - provisions concerning pregnancy and perinatal transmission of hiv › § 300ff–33
The federal government must give grants through the Centers for Disease Control and Prevention to states that have one of two sets of HIV testing policies. To qualify, a state must have either (A) voluntary opt-out testing of pregnant women and universal testing of newborns, or (B) voluntary opt-out testing at sexually transmitted disease clinics and at substance abuse treatment centers. Eligible states must send an application in the form and with the information the Secretary requires. A state’s grant for a fiscal year cannot be more than $10,000,000. States can use the money for HIV testing (including rapid tests), prevention counseling, care and treatment for newborns exposed to HIV, treatment for infected mothers, and help linking people who test positive to care. These grants do not override state laws on HIV testing and counseling. Voluntary opt-out testing: HIV testing given during other health care where the person is told a test will be done and may decline; no required pre-test counseling but positive results get post-test counseling, referrals, and confidentiality. Universal testing of newborns: HIV testing done within 48 hours of birth to either all babies in the state or all babies whose mother’s HIV status is unknown at delivery. For fiscal years 2007–2009, $30,000,000 per year from CDC HIV prevention funds is set aside for these grants: $20,000,000 for states with the pregnant-woman/newborn policies and $10,000,000 for states with the clinic/treatment-center policies. Funds remain available until spent.
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The Public Health and Welfare — Source: USLM XML via OLRC
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Reference
Citation
42 U.S.C. § 300ff–33
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73