42 U.S.C. § 300ff–51: Establishment of a program

Summary

The Secretary, through the Health Resources and Services Administration (HRSA) Administrator, can give grants to certain public and nonprofit groups to help people with HIV/AIDS. Grantees must spend the money only on three things: core medical care, support services that help people get better health results, and allowed administrative costs. At least 50% of each grant must go to early intervention work (counseling, testing, referrals, other clinical/diagnostic checks, and related treatments) for people with HIV/AIDS. Of the grant money left after keeping required reserves under paragraphs (3) and (5) of section 300ff–64(g), at least 75% must pay for core medical services in the service area. The Secretary can waive that 75% rule if there are no waiting lists for AIDS Drug Assistance Program services under section 300ff–26 and core medical services are available to everyone eligible in the area; the applicant will be told whether the waiver applies when the grant is awarded. Core medical services cover 13 types of care, including outpatient care; AIDS drug programs and other pharmaceuticals; dental; early intervention; insurance help; home health and hospice; nutrition; home- and community-based services; mental health and substance-abuse outpatient care; and medical case management. Support services are approved services (like transportation, outreach, respite, language help, and referrals) needed to reach better HIV-related clinical outcomes. Grantees must make all early intervention services available, either directly or by working with other providers; some grantees must provide at least half their grant on-site for key early services, while others must link to community providers and keep referral and follow-up systems.

Title 42, §300ff–51

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

(a)In general

For the purposes described in subsection (b), the Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to public and nonprofit private entities specified in section 300ff–52(a) of this title.

(b)Requirements

(1)In general

The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to expend the grant only for— (A)

(B)support services described in subsection (d); and

(C)administrative expenses as described in section 300ff–64(g)(3) of this title.

(2)Early intervention services

An applicant for a grant under subsection (a) shall expend not less than 50 percent of the amount received under the grant for the services described in subparagraphs (B) through (E) of subsection (e)(1) for individuals with HIV/AIDS.

(c)Required funding for core medical services

(1)In general

With respect to a grant under subsection (a) to an applicant for a fiscal year, the applicant shall, of the portion of the grant remaining after reserving amounts for purposes of paragraphs (3) and (5) of section 300ff–64(g) of this title, use not less than 75 percent to provide core medical services that are needed in the area involved for individuals with HIV/AIDS who are identified and eligible under this subchapter (including services regarding the co-occurring conditions of the individuals).

(2)Waiver

(A)The Secretary shall waive the application of paragraph (1) with respect to an applicant for a grant if the Secretary determines that, within the service area of the applicant—

(i)there are no waiting lists for AIDS Drug Assistance Program services under section 300ff–26 of this title; and

(ii)core medical services are available to all individuals with HIV/AIDS identified and eligible under this subchapter.

(B)Notification of waiver status.—

When informing an applicant that a grant under subsection (a) is being made for a fiscal year, the Secretary shall inform the applicant whether a waiver under subparagraph (A) is in effect for the fiscal year.

(3)Core medical services

For purposes of this subsection, the term “core medical services”, with respect to an individual with HIV/AIDS (including the co-occurring conditions of the individual) means the following services:

(A)Outpatient and ambulatory health services.

(B)AIDS Drug Assistance Program treatments under section 300ff–26 of this title.

(C)AIDS pharmaceutical assistance.

(D)Oral health care.

(E)Early intervention services described in subsection (e).

(F)Health insurance premium and cost sharing assistance for low-income individuals in accordance with section 300ff–25 of this title.

(G)Home health care.

(H)Medical nutrition therapy.

(I)Hospice services.

(J)Home and community-based health services as defined under section 300ff–24(c) of this title.

(K)Mental health services.

(L)Substance abuse outpatient care.

(M)Medical case management, including treatment adherence services.

(d)Support services

(1)In general

For purposes of this section, the term “support services” means services, subject to the approval of the Secretary, that are needed for individuals with HIV/AIDS to achieve their medical outcomes (such as respite care for persons caring for individuals with HIV/AIDS, outreach services, medical transportation, linguistic services, and referrals for health care and support services).

(2)Definition of medical outcomes

In this section, the term “medical outcomes” means those outcomes affecting the HIV-related clinical status of an individual with HIV/AIDS.

(e)Specification of early intervention services

(1)In general

The early intervention services referred to in this section are—

(A)counseling individuals with respect to HIV/AIDS in accordance with section 300ff–62 of this title;

(B)testing individuals with respect to HIV/AIDS, including tests to confirm the presence of the disease, tests to diagnose the extent of the deficiency in the immune system, and tests to provide information on appropriate therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from HIV/AIDS;

(C)referrals described in paragraph (2);

(D)other clinical and diagnostic services regarding HIV/AIDS, and periodic medical evaluations of individuals with HIV/AIDS; and

(E)providing the therapeutic measures described in subparagraph (B).

(2)Referrals

The services referred to in paragraph (1)(C) are referrals of individuals with HIV/AIDS to appropriate providers of health and support services, including, as appropriate—

(A)to entities receiving amounts under part A or B for the provision of such services;

(B)to biomedical research facilities of institutions of higher education that offer experimental treatment for such disease, or to community-based organizations or other entities that provide such treatment; or

(C)to grantees under section 300ff–71 of this title, in the case of a pregnant woman.

(3)Requirement of availability of all early intervention services through each grantee

(A)In general

The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees that each of the early intervention services specified in paragraph (2) will be available through the grantee. With respect to compliance with such agreement, such a grantee may expend the grant to provide the early intervention services directly, and may expend the grant to enter into agreements with public or nonprofit private entities, or private for-profit entities if such entities are the only available provider of quality HIV care in the area, under which the entities provide the services.

(B)Other requirements

Grantees described in

(i)

(ii)subparagraphs (B) and (C) of section 300ff–52(a)(1) of this title shall ensure the availability of early intervention services through a system of linkages to community-based primary care providers, and to establish mechanisms for the referrals described in paragraph (1)(C), and for follow-up concerning such referrals.

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, § 301(a), amended section catchline and text generally, reenacting subsec. (a) without change and substituting subsecs. (b) to (e) for former subsecs. (b) and (c), which related to purposes of grants and participation in a consortium, respectively. 1996—Subsec. (b)(1). Pub. L. 104–146, § 3(d)(1)(A), inserted before period “, and unless the applicant agrees to expend not less than 50 percent of the grant for such services that are specified in subparagraphs (B) through (E) of such paragraph for individuals with HIV disease”. Subsec. (b)(3)(B). Pub. L. 104–146, § 12(c)(7)(A), substituted “facilities” for “facility”. Subsec. (b)(4). Pub. L. 104–146, § 3(d)(1)(B), designated existing provisions as subpar. (A) and inserted heading, inserted “, or private for-profit entities if such entities are the only available provider of quality HIV care in the area,” after “nonprofit private entities”, realigned margin, and added subpar. (B). Subsec. (c). Pub. L. 104–146, § 12(c)(7)(B), substituted “exists” for “exist”. 1990—Subsec. (a). Pub. L. 101–557 substituted “section 300ff–52(a)” for “section 300ff–52(a)(1)”.

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 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.

§300ff–51 Establishment of a Program

Summary

Title 42, §300ff–51

Notes & Related Subsidiaries

Editorial Notes

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata