Title 42 — The Public Health and WelfareRelease 119-73
§300ff–61 Confidentiality and informed consent
Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XXIV— - HIV HEALTH CARE SERVICES PROGRAM › Part Part C— - Early Intervention Services › Subpart subpart ii— - general provisions › § 300ff–61
Summary
The government will only give grants under this program to groups that promise two things. They must keep private any records that show someone got early intervention services, in a way that follows other laws. They must also test someone for HIV/AIDS only after the person says the choice to be tested is voluntary.
Full Legal Text
Title 42, §300ff–61
The Public Health and Welfare — Source: USLM XML via OLRC
(a)The Secretary may not make a grant under this part unless, in the case of any entity applying for a grant under section 300ff–51 of this title, the entity agrees to ensure that information regarding the receipt of early intervention services pursuant to the grant is maintained confidentially in a manner not inconsistent with applicable law.
(b)The Secretary may not make a grant under this part unless the applicant for the grant agrees that, in testing an individual for HIV/AIDS, the applicant will test an individual only after the individual confirms that the decision of the individual with respect to undergoing such testing is voluntarily made.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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 L. 111–87 repealed Pub.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 L. 109–415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub.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. Pub. L. 109–415, § 304, reenacted section catchline without change and amended text generally, substituting provisions relating to confidentiality and informed consent for provisions relating to confidentiality, informed written consent, and anonymous testing. 2000—Subsec. (a). Pub. L. 106–345 struck out par. (1) and par. (2) designation. Prior to amendment, par. (1) read as follows: “in the case of any State applying for a grant under section 300ff–41 of this title, the State agrees to ensure that information regarding the receipt of early intervention services is maintained confidentially pursuant to law or
Regulations
in a manner not inconsistent with applicable law; and”.
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.
Reference
Citations & Metadata
Citation
42 U.S.C. § 300ff–61
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73