§300ff–52 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Names who can get federal HIV service grants and what rules they must follow. Grants go to public and nonprofit health groups. That includes things like federally qualified health centers, family planning grantees (not states), hemophilia centers, rural clinics, Indian Health Service facilities, community groups that help people who got HIV from IV drug use, and nonprofit primary care groups (including faith-based groups). These groups must serve underserved people, for example minorities, Native Americans, ex-offenders, people with other illnesses like hepatitis B or C, mental illness, or substance abuse, and low-income, inner-city, or rural populations. If a service is already covered by a State’s Medicaid plan, the applicant must either provide the service directly and be enrolled to get Medicaid payments, or make a written deal with a public or nonprofit provider (or a for‑profit only if it is the only good option) that is enrolled and able to get Medicaid payments. The federal health official can waive the enrollment rule if the provider does not charge or accept payment from any third-party payer (including insurance or federal or State health programs). Whether the provider accepts voluntary donations cannot be used against them when deciding the waiver.

Title 42, §300ff–52

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)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)Entities described in paragraph (1) shall serve underserved populations which may include minority populations and Native American populations, ex-offenders, individuals with comorbidities including hepatitis B or C, mental illness, or substance abuse, low-income populations, inner city populations, and rural populations.

(b)(1)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)(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (b)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Social Security Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Amendments

2009—Pub. L. 111–87 repealed 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. Subsec. (a). Pub. L. 109–415, § 302(a), amended heading and text of subsec. (a) generally, substituting provisions listing eligible entities and directing that such entities serve underserved populations for provisions listing eligible entities. 2003—Subsec. (a)(2). Pub. L. 108–163 substituted “254b(h)” for “256”. 2002—Pub. L. 107–251, which directed the substitution of “254b(h)” for “256” in subsec. (2), could not be executed because section does not contain a subsec. (2). 1996—Subsec. (b)(1)(B). Pub. L. 104–146 inserted “, or a private for-profit entity if such entity is the only available provider of quality HIV care in the area,” after “nonprofit private entity”. 1990—Subsec. (a). Pub. L. 101–557 substituted “referred to in section 300ff–51(a) of this title” for “referred to in subsection (b) of this section”, redesignated pars. (A) to (F) as (1) to (6), respectively, and substituted “nonprofit private entities that provide” for “a nonprofit private entity that provides” in par. (6).

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 Amendment; Revival of SectionFor provisions that repeal by section 2(a)(1) of Pub. L. 111–87 of section 703 of Pub. L. 109–415 be 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) of Pub. L. 111–87, set out as a note under section 300ff–11 of this title.

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–163 deemed to have taken effect immediately after the enactment of Pub. L. 107–251, see section 3 of Pub. L. 108–163, set out as a note under section 233 of this title.

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–146 effective Oct. 1, 1996, see section 13 of Pub. L. 104–146, set out as a note under section 300ff–11 of this title. Reference to Community, Migrant, Public Housing, or Homeless Health Center Considered Reference to Health CenterReference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of this title.

§300ff–52 Minimum qualifications of grantees

Summary

Title 42, §300ff–52

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata