
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300dd-21]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
    SUBCHAPTER XXII--HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE 
                           DEFICIENCY SYNDROME
 
                          Part B--Subacute Care
 
Sec. 300dd-21. Demonstration projects


(a) Definitions

    As used in this section:
        (1) The term ``individuals infected with the etiologic agent for 
    acquired immune deficiency syndrome'' means individuals who have a 
    disease, or are recovering from a disease, attributable to the 
    infection of such individuals with such etiologic agent, and as a 
    result of the effects of such disease, are in need of subacute-care 
    services.
        (2) The term ``subacute care'' means medical and health care 
    services that are required for individuals recovering from acute 
    care episodes that are less intensive than the level of care 
    provided in acute-care hospitals, and includes skilled nursing care, 
    hospice care, and other types of health services provided in other 
    long-term-care facilities.

(b) Authorization to conduct three projects

    The Secretary shall conduct three demonstration projects to 
determine the effectiveness and cost of providing the subacute-care 
services described in subsection (b) of this section to individuals 
infected with the etiologic agent for acquired immune deficiency 
syndrome, and the impact of such services on the health status of such 
individuals.

(c) Services

    (1) The services provided under each demonstration project shall be 
designed to meet the specific needs of individuals infected with the 
etiologic agent for acquired immune deficiency syndrome, and shall 
include--
        (A) the care and treatment of such individuals by providing--
            (i) subacute care;
            (ii) emergency medical care and specialized diagnostic and 
        therapeutic services as needed and where appropriate, either 
        directly or through affiliation with a hospital that has 
        experience in treating individuals with acquired immune 
        deficiency syndrome; and
            (iii) case management services to ensure, through existing 
        services and programs whenever possible, appropriate discharge 
        planning for such individuals; and

        (B) technical assistance, to other facilities in the region 
    served by such facility, that is directed toward education and 
    training of physicians, nurses, and other health-care professionals 
    in the subacute care and treatment of individuals infected with the 
    etiologic agent for acquired immune deficiency syndrome.

    (2) Services provided under each demonstration project may also 
include--
        (A) hospice services;
        (B) outpatient care; and
        (C) outreach activities in the surrounding community to 
    hospitals and other health-care facilities that serve individuals 
    infected with the etiologic agent for acquired immune deficiency 
    syndrome.

(d) Time and place

    The demonstration projects shall be conducted--
        (1) during a 4-year period beginning not later than 9 months 
    after November 4, 1988; and
        (2) at sites that--
            (A) are geographically diverse and located in areas that are 
        appropriate for the provision of the required and authorized 
        services; and
            (B) have the highest incidence of cases of acquired immune 
        deficiency syndrome and the greatest need for subacute-care 
        services.

(e) Evaluation and report

    The Secretary shall evaluate the operations of the demonstration 
projects and shall submit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Labor and Human Resources 
of the Senate--
        (1) not later than 18 months after the beginning of the first 
    project, a preliminary report that contains--
            (A) a description of the sites at which the projects are 
        being conducted and of the services being provided in each 
        project; and
            (B) a preliminary evaluation of the experience of the 
        projects in the first 12 months of operation; and

        (2) not later than 6 months after the completion of the last 
    project, a final report that contains--
            (A) an assessment of the costs of subacute care for 
        individuals infected with the etiologic agent for acquired 
        immune deficiency syndrome, including a breakdown of all other 
        sources of funding for the care provided to cover subacute care; 
        and
            (B) recommendations for appropriate legislative changes.

(f) Other research

    Each demonstration project shall provide for other research to be 
carried out at the site of such demonstration project including--
        (1) clinical research on acquired immune deficiency syndrome, 
    concentrating on research on the neurological manifestations 
    resulting from infection with the etiologic agent for such syndrome; 
    and
        (2) the study of the psychological and mental health issues 
    related to such syndrome.

(g) Authorization of appropriations

    (1) To carry out this section, there are authorized to be 
appropriated $10,000,000 for fiscal year 1989 and such sums as are 
necessary for each of the fiscal years 1990 through 1992.
    (2) Amounts appropriated pursuant to paragraph (1) shall remain 
available until September 10, 1992.

(h) Services to veterans

    The Secretary shall enter into an agreement with the Secretary of 
the Department of Veterans Affairs to ensure that appropriate provision 
will be made for the furnishing, through demonstration projects, of 
services to eligible veterans, under contract with the Department of 
Veterans Affairs pursuant to section 1720 of title 38.

(July 1, 1944, ch. 373, title XXIV, Sec. 2421, as added Pub. L. 100-607, 
title II, Sec. 211, Nov. 4, 1988, 102 Stat. 3088; amended Pub. L. 100-
527, Sec. 10(1), (2), Oct. 25, 1988, 102 Stat. 2640, 2641; Pub. L. 100-
690, title II, Sec. 2618(h), Nov. 18, 1988, 102 Stat. 4241; Pub. L. 102-
83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406.)


                               Amendments

    1991--Subsec. (h). Pub. L. 102-83 substituted ``section 1720 of 
title 38'' for ``section 620 of title 38''.
    1988--Subsec. (a)(1). Pub. L. 100-690, Sec. 2618(h)(1), substituted 
`` `individuals infected with the etiologic agent for acquired immune 
deficiency syndrome' means individuals who'' for `` `patients infected 
with the human immunodeficiency virus' means persons who'' and ``such 
individuals with such etiologic agent'' for ``such person with the human 
immunodeficiency virus''.
    Subsec. (a)(2). Pub. L. 100-690, Sec. 2618(h)(2), substituted 
``individuals'' for ``persons''.
    Subsec. (b). Pub. L. 100-690, Sec. 2618(h)(3), substituted 
``individuals infected with the etiologic agent for acquired immune 
deficiency syndrome'' for ``patients infected with the human 
immunodeficiency virus'' and ``such individuals'' for ``such patients''.
    Subsec. (c)(1). Pub. L. 100-690, Sec. 2618(h)(4)(A), in introductory 
provisions substituted ``individuals infected with the etiologic agent 
for acquired immune deficiency syndrome'' for ``patients infected with 
the human immunodeficiency virus''.
    Subsec. (c)(1)(A). Pub. L. 100-690, Sec. 2618(h)(4)(B), substituted 
in introductory provisions ``such individuals'' for ``such patients'', 
in cl. (ii) ``individuals with acquired immune deficiency syndrome'' for 
``AIDS patients'', and in cl. (iii) ``such individuals'' for 
``patients''.
    Subsec. (c)(1)(B), (2)(C). Pub. L. 100-690, Sec. 2618(h)(4)(C), (5), 
substituted ``individuals infected with the etiologic agent for acquired 
immune deficiency syndrome'' for ``patients infected with the human 
immunodeficiency virus''.
    Subsec. (d)(2)(B). Pub. L. 100-690, Sec. 2618(h)(6), substituted 
``cases of acquired immune deficiency syndrome'' for ``AIDS cases''.
    Subsec. (e)(2)(A). Pub. L. 100-690, Sec. 2618(h)(7), substituted 
``individuals infected with the etiologic agent for acquired immune 
deficiency syndrome'' for ``patients infected with the human 
immunodeficiency virus''.
    Subsec. (f)(1). Pub. L. 100-690, Sec. 2618(h)(8), substituted 
``acquired immune deficiency syndrome'' for ``the acquired 
immunodeficiency syndrome'' and ``etiologic agent for such syndrome'' 
for ``human immunodeficiency virus''.
    Subsec. (f)(2). Pub. L. 100-690, Sec. 2618(h)(9), substituted ``such 
syndrome'' for ``the acquired immunodeficiency syndrome''.
    Subsec. (g)(1). Pub. L. 100-690, Sec. 2618(h)(10), substituted 
``fiscal year 1989'' for ``fiscal year 1988'' and ``fiscal years 1990 
through 1992'' for ``fiscal years 1989 through 1991''.
    Subsec. (h). Pub. L. 100-527 substituted ``Secretary of the 
Department of Veterans Affairs'' and ``Department of Veterans Affairs'' 
for ``Administrator of the Veterans' Administration'' and ``Veterans' 
Administration'', respectively.

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-690 effective immediately after enactment 
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600 of 
Pub. L. 100-690, set out as a note under section 242m of this title.
    Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 
18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs 
Act note under section 301 of Title 38, Veterans' Benefits.
