42 U.S.C. § 300z–1: Definitions; regulations…

Summary

Tells who can get help and what services grant programs must offer for pregnant teens, teen parents, and teens at risk of pregnancy. "Secretary" means the Secretary of Health and Human Services. "Eligible person" means a pregnant adolescent, an adolescent parent, or their family for care services, and a nonpregnant adolescent for prevention services and referrals. "Eligible grant recipient" means a public or nonprofit group that proves it can provide all required services in one place or by creating a network (for care grants), or can provide prevention services (for prevention grants). "Necessary services" covers services like pregnancy testing and maternity counseling; adoption counseling and referrals; prenatal and postnatal care and other primary health care; nutrition counseling; STD screening/treatment referrals; pediatric referrals; family-life and sex-education support; education and job services; referrals to licensed maternity homes; mental health care and referrals; child care so the teen can stay in school or work; consumer and homemaking help; family counseling; transportation; outreach to families to discourage sexual activity by unemancipated minors; family planning; and other Secretary-approved services. "Core services" are the services the Secretary requires grantees to provide. "Supplemental services" are services the Secretary allows but does not require. "Care services" means the necessary services for pregnant adolescents and adolescent parents, including all core services. "Prevention services" means the necessary services to try to prevent adolescent sexual relations and includes items such as pregnancy testing, nutrition help, STD referrals, sex-education and parenting education, education/vocational help, family counseling, transportation, outreach to families, and other approved services. "Adolescent" means a person under 19. "Unemancipated minor" means a minor who is under the control of parents or guardians under state law. Until the Secretary issues new rules, the Secretary must use the Title VI regulations that were in effect on August 13, 1981 to decide which necessary services are core services. The Secretary can make new rules based on evaluations and information about which services are essential, taking into account things like urban or rural areas, ethnic groups, the types of people served, and the evaluation results required under section 300z–5(b), and may revise those rules over time.

Title 42, §300z–1

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

(a)For the purposes of this subchapter, the term—

(1)“Secretary” means the Secretary of Health and Human Services;

(2)“eligible person” means—

(A)with regard to the provision of care services, a pregnant adolescent, an adolescent parent, or the family of a pregnant adolescent or an adolescent parent; or

(B)with regard to the provision of prevention services and referral to such other services which may be appropriate, a nonpregnant adolescent;

(3)“eligible grant recipient” means a public or nonprofit private organization or agency which demonstrates, to the satisfaction of the Secretary—

(A)in the case of an organization which will provide care services, the capability of providing all core services in a single setting or the capability of creating a network through which all core services would be provided; or

(B)in the case of an organization which will provide prevention services, the capability of providing such services;

(4)“necessary services” means services which may be provided by grantees which are—

(A)pregnancy testing and maternity counseling;

(B)adoption counseling and referral services which present adoption as an option for pregnant adolescents, including referral to licensed adoption agencies in the community if the eligible grant recipient is not a licensed adoption agency;

(C)primary and preventive health services including prenatal and postnatal care;

(D)nutrition information and counseling;

(E)referral for screening and treatment of venereal disease;

(F)referral to appropriate pediatric care;

(G)educational services relating to family life and problems associated with adolescent premarital sexual relations, including—

(i)information about adoption;

(ii)education on the responsibilities of sexuality and parenting;

(iii)the development of material to support the role of parents as the provider of sex education; and

(iv)assistance to parents, schools, youth agencies, and health providers to educate adolescents and preadolescents concerning self-discipline and responsibility in human sexuality;

(H)appropriate educational and vocational services;

(I)referral to licensed residential care or maternity home services; and

(J)mental health services and referral to mental health services and to other appropriate physical health services;

(K)child care sufficient to enable the adolescent parent to continue education or to enter into employment;

(L)consumer education and homemaking;

(M)counseling for the immediate and extended family members of the eligible person;

(N)transportation;

(O)outreach services to families of adolescents to discourage sexual relations among unemancipated minors;

(P)family planning services; and

(Q)such other services consistent with the purposes of this subchapter as the Secretary may approve in accordance with regulations promulgated by the Secretary;

(5)“core services” means those services which shall be provided by a grantee, as determined by the Secretary by regulation;

(6)“supplemental services” means those services which may be provided by a grantee, as determined by the Secretary by regulation;

(7)“care services” means necessary services for the provision of care to pregnant adolescents and adolescent parents and includes all core services with respect to the provision of such care prescribed by the Secretary by regulation;

(8)“prevention services” means necessary services to prevent adolescent sexual relations, including the services described in subparagraphs (A), (D), (E), (G), (H), (M), (N), (O), and (Q) of paragraph (4);

(9)“adolescent” means an individual under the age of nineteen; and

(10)“unemancipated minor” means a minor who is subject to the control, authority, and supervision of his or her parents or guardians, as determined under State law.

(b)Until such time as the Secretary promulgates regulations pursuant to the second sentence of this subsection, the Secretary shall use the regulations promulgated under title VI of the Health Services and Centers Amendments of 1978 [42 U.S.C. 300a–21 et seq.] which were in effect on August 13, 1981, to determine which necessary services are core services for purposes of this subchapter. The Secretary may promulgate regulations to determine which necessary services are core services for purposes of this subchapter based upon an evaluation of and information concerning which necessary services are essential to carry out the purposes of this subchapter and taking into account (1) factors such as whether services are to be provided in urban or rural areas, the ethnic groups to be served, and the nature of the populations to be served, and (2) the results of the evaluations required under section 300z–5(b) of this title. The Secretary may from time to time revise such regulations.

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The Health Services and Centers

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of 1978, referred to in subsec. (b), is Pub. L. 95–626, Nov. 10, 1978, 92 Stat. 3551. Title VI of the Health Services and Centers

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of 1978 was classified generally to part A (§ 300a–21 et seq.) of subchapter VIII–A of this chapter prior to its repeal by Pub. L. 97–35, title IX, § 955(b), title XXI, § 2193(f), Aug. 13, 1981, 95 Stat. 592, 828. For complete classification of this Act to the Code, see

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of 1978

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note set out under section 201 of this title and Tables.

Amendments

1984—Subsec. (a)(4)(H). Pub. L. 98–512 struck out “and referral to such services” after “vocational services”.

§300z–1 Definitions; Regulations Applicable

Summary

Title 42, §300z–1

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