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Title 42, The Public Health and WelfareRelease 119-110

§300ff–52 Minimum Qualifications of Grantees

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XXIV — HIV HEALTH CARE SERVICES PROGRAM › Part C — Early Intervention Services › subpart i — categorical grants › § 300ff–52

Last updated Sep 22, 2026|Official source

Summary

Lets certain public and nonprofit groups get federal grants to help people at risk of or living with HIV. Eligible groups include seven kinds of providers, such as federally qualified health centers, family planning grantees (not States), hemophilia treatment centers, rural health clinics, Indian Health Service facilities, community groups that treat people who got HIV from injection drug use, and nonprofit primary-care providers (including faith-based groups). These grantees must serve underserved people, like minorities and Native Americans, former prisoners, people with other illnesses (for example hepatitis B or C), those with mental illness or substance use problems, low-income, inner-city, and rural residents. The federal health official will only fund services that a State Medicaid plan already covers if the grantee either provides the service themselves and is enrolled to get Medicaid payments, or they hire another provider who is enrolled and can get those payments. The official can waive the enrollment rule if the hired provider does not charge or accept payment from any insurer or government health program. Whether the provider takes voluntary donations does not affect the waiver decision.

Full Legal Text

Title 42, §300ff–52

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

(a)Eligible entities
(1)In general
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)Underserved populations
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)Status as medicaid provider
(1)In general
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)Waiver regarding certain secondary agreements
(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.

Legislative History

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300ff–52

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110