42 U.S.C. § 300ff–38: Grants for partner…

Summary

The Secretary may give money to States that follow certain rules so they can run programs to tell and help people who might have been exposed to HIV. The State must have its public health officer run a partner-notification program. Health providers must confidentially report positive HIV tests to the State public health officer in the way the CDC director recommends, but anonymous testing programs can be exempt. Treating providers still must report. The program must let partners learn they may have been exposed without naming the infected person. It must offer counseling and testing, explain how HIV spreads (including pregnancy-related risks), give treatment and prevention information, and refer people to services and legal help. Notices should be given in person unless that is too hard. Infected people face no criminal or civil penalty for not naming partners, and reporting providers are not liable if the State fails to notify. The State can notify partners without the infected person’s consent. States must report yearly to the CDC director how many people were asked for partner names, how many gave names, and how many partners were notified, and must work with the CDC and other States. Grants are favored for States with reporting systems that meet the accuracy needed for section 300ff–28(a)(2)(D)(i) of this title. Congress authorized $10,000,000 for each fiscal year 2007 through 2009.

Title 42, §300ff–38

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

(a)In general

In the case of States whose laws or regulations are in accordance with subsection (b), the Secretary, subject to subsection (c)(2), may make grants to the States for carrying out programs to provide partner counseling and referral services.

(b)Description of compliant State programs

For purposes of subsection (a), the laws or regulations of a State are in accordance with this subsection if under such laws or regulations (including programs carried out pursuant to the discretion of State officials) the following policies are in effect:

(1)The State requires that the public health officer of the State carry out a program of partner notification to inform partners of individuals with HIV/AIDS that the partners may have been exposed to the disease.

(2)(A)In the case of a health entity that provides for the performance on an individual of a test for HIV/AIDS, or that treats the individual for the disease, the State requires, subject to subparagraph (B), that the entity confidentially report the positive test results to the State public health officer in a manner recommended and approved by the Director of the Centers for Disease Control and Prevention, together with such additional information as may be necessary for carrying out such program.

(B)The State may provide that the requirement of subparagraph (A) does not apply to the testing of an individual for HIV/AIDS if the individual underwent the testing through a program designed to perform the test and provide the results to the individual without the individual disclosing his or her identity to the program. This subparagraph may not be construed as affecting the requirement of subparagraph (A) with respect to a health entity that treats an individual for HIV/AIDS.

(3)The program under paragraph (1) is carried out in accordance with the following:

(A)Partners are provided with an appropriate opportunity to learn that the partners have been exposed to HIV/AIDS, subject to subparagraph (B).

(B)The State does not inform partners of the identity of the infected individuals involved.

(C)Counseling and testing for HIV/AIDS are made available to the partners and to infected individuals, and such counseling includes information on modes of transmission for the disease, including information on prenatal and perinatal transmission and preventing transmission.

(D)Counseling of infected individuals and their partners includes the provision of information regarding therapeutic measures for preventing and treating the deterioration of the immune system and conditions arising from the disease, and the provision of other prevention-related information.

(E)Referrals for appropriate services are provided to partners and infected individuals, including referrals for support services and legal aid.

(F)Notifications under subparagraph (A) are provided in person, unless doing so is an unreasonable burden on the State.

(G)There is no criminal or civil penalty on, or civil liability for, an infected individual if the individual chooses not to identify the partners of the individual, or the individual does not otherwise cooperate with such program.

(H)The failure of the State to notify partners is not a basis for the civil liability of any health entity who under the program reported to the State the identity of the infected individual involved.

(I)The State provides that the provisions of the program may not be construed as prohibiting the State from providing a notification under subparagraph (A) without the consent of the infected individual involved.

(4)The State annually reports to the Director of the Centers for Disease Control and Prevention the number of individuals from whom the names of partners have been sought under the program under paragraph (1), the number of such individuals who provided the names of partners, and the number of partners so named who were notified under the program.

(5)The State cooperates with such Director in carrying out a national program of partner notification, including the sharing of information between the public health officers of the States.

(c)Reporting system for cases of HIV/AIDS; preference in making grants

In making grants under subsection (a), the Secretary shall give preference to States whose reporting systems for cases of HIV/AIDS produce data on such cases that is sufficiently accurate and reliable for use for purposes of section 300ff–28(a)(2)(D)(i) of this title.

(d)Authorization of appropriations

For the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for each of the fiscal years 2007 through 2009.

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. Subsecs. (b), (c). Pub. L. 109–415, § 702(3), substituted “HIV/AIDS” for “HIV disease” wherever appearing. Subsec. (d). Pub. L. 109–415, § 210, substituted “there is authorized to be appropriated $10,000,000 for each of the fiscal years 2007 through 2009.” for “there are authorized to be appropriated $30,000,000 for fiscal year 2001, and such sums as may be necessary for each of the fiscal years 2002 through 2005.”

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.

§300ff–38 Grants for Partner Notification Programs

Summary

Title 42, §300ff–38

Notes & Related Subsidiaries

Editorial Notes

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata