42 U.S.C. § 300ff–34: Perinatal transmission…

Summary

States must each year count how many reported AIDS cases came from babies getting HIV before or during birth among people who live in the State. When they do that, States must also try to find the likely reasons. These can include poor prenatal counseling and testing that do not follow CDC guidance; problems with treatment to prevent mother-to-child HIV—for example, treatment not being available, not offered, or offered but refused; and other factors such as lack of prenatal care. By 4 months after May 20, 1996, the CDC Director must create and start a system that States use to report this information. The CDC must also give rules so the data collected are statistically valid.

Title 42, §300ff–34

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

(a)Annual determination of reported cases

A State shall annually determine the rate of reported cases of AIDS as a result of perinatal transmission among residents of the State.

(b)Causes of perinatal transmission

In determining the rate under subsection (a), a State shall also determine the possible causes of perinatal transmission. Such causes may include—

(1)the inadequate provision within the State of prenatal counseling and testing in accordance with the guidelines issued by the Centers for Disease Control and Prevention;

(2)the inadequate provision or utilization within the State of appropriate therapy or failure of such therapy to reduce perinatal transmission of HIV, including—

(A)that therapy is not available, accessible or offered to mothers; or

(B)that available therapy is offered but not accepted by mothers; or

(3)other factors (which may include the lack of prenatal care) determined relevant by the State.

(c)CDC reporting system

Not later than 4 months after May 20, 1996, the Director of the Centers for Disease Control and Prevention shall develop and implement a system to be used by States to comply with the requirements of subsections (a) and (b). The Director shall issue guidelines to ensure that the data collected is statistically valid.

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 L. 111–87 repealed Pub.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 L. 109–415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub.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, § 702(3), substituted “HIV/AIDS” for “HIV disease” in section catchline. 2000—Subsecs. (d) to (f). Pub. L. 106–345 struck out subsecs. (d) to (f), which related, respectively, to determination by Secretary, contingent applicability, and limitation regarding availability of funds. 1996—Subsec. (d). Pub. L. 104–166, § 5(1)(A), substituted “(1) through (4)” for “(1) through (5)”. Subsec. (f). Pub. L. 104–166, § 5(1)(B), substituted “(1) through (4)” for “(1) through (5)” in introductory provisions.

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

Section effective May 20, 1996, see section 13(b) of Pub. L. 104–146, set out as an

Effective Date

of 1996 Amendment note under section 300ff–11 of this title.

§300ff–34 Perinatal Transmission of Hiv/aids; Contingent Requirement Regarding State Grants Under This Part

Summary

Title 42, §300ff–34

Notes & Related Subsidiaries

Editorial Notes

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata