
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-345 Section 101-102(c)]
[Document affected by Public Law 106-345 Section 103]
[Document affected by Public Law 106-345 Section 601]
[CITE: 42USC300ff-12]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
            SUBCHAPTER XXIV--HIV HEALTH CARE SERVICES PROGRAM
 
  Part A--Emergency Relief for Areas With Substantial Need for Services
 
Sec. 300ff-12. Administration and planning council


(a) Administration

                           (1) In general

        Assistance made available under grants awarded under this part 
    shall be directed to the chief elected official of the city or urban 
    county that administers the public health agency that provides 
    outpatient and ambulatory services to the greatest number of 
    individuals with AIDS, as reported to and confirmed by the Centers 
    for Disease Control and Prevention, in the eligible area that is 
    awarded such a grant.

                          (2) Requirements

        (A) In general

            To receive assistance under section 300ff-11(a) of this 
        title, the chief elected official of the eligible area involved 
        shall--
                (i) establish, through intergovernmental agreements with 
            the chief elected officials of the political subdivisions 
            described in subparagraph (B), an administrative mechanism 
            to allocate funds and services based on--
                    (I) the number of AIDS cases in such subdivisions;
                    (II) the severity of need for outpatient and 
                ambulatory care services in such subdivisions; and
                    (III) the health and support services personnel 
                needs of such subdivisions; and

                (ii) establish an HIV health services planning council 
            in accordance with subsection (b) of this section.

        (B) Local political subdivision

            The political subdivisions referred to in subparagraph (A) 
        are those political subdivisions in the eligible area--
                (i) that provide HIV-related health services; and
                (ii) for which the number of cases reported for purposes 
            of section 300ff-11(a) of this title constitutes not less 
            than 10 percent of the number of such cases reported for the 
            eligible area.

(b) HIV health services planning council

                          (1) Establishment

        To be eligible for assistance under this part, the chief elected 
    official described in subsection (a)(1) of this section shall 
    establish or designate an HIV health services planning council that 
    shall reflect in its composition the demographics of the epidemic in 
    the eligible area involved, with particular consideration given to 
    disproportionately affected and historically underserved groups and 
    subpopulations. Nominations for membership on the council shall be 
    identified through an open process and candidates shall be selected 
    based on locally delineated and publicized criteria. Such criteria 
    shall include a conflict-of-interest standard that is in accordance 
    with paragraph (5).

                         (2) Representation

        The HIV health services planning council shall include 
    representatives of--
            (A) health care providers, including federally qualified 
        health centers;
            (B) community-based organizations serving affected 
        populations and AIDS service organizations;
            (C) social service providers;
            (D) mental health and substance abuse providers;
            (E) local public health agencies;
            (F) hospital planning agencies or health care planning 
        agencies;
            (G) affected communities, including people with HIV disease 
        or AIDS and historically underserved groups and subpopulations;
            (H) nonelected community leaders;
            (I) State government (including the State medicaid agency 
        and the agency administering the program under part B) of this 
        subchapter;
            (J) grantees under subpart II of part C of this subchapter;
            (K) grantees under section 300ff-71 of this title, or, if 
        none are operating in the area, representatives of organizations 
        with a history of serving children, youth, women, and families 
        living with HIV and operating in the area; and
            (L) grantees under other Federal HIV programs.

                 (3) Method of providing for council

        (A) In general

            In providing for a council for purposes of paragraph (1), a 
        chief elected official receiving a grant under section 300ff-
        11(a) of this title may establish the council directly or 
        designate an existing entity to serve as the council, subject to 
        subparagraph (B).

        (B) Consideration regarding designation of council

            In making a determination of whether to establish or 
        designate a council under subparagraph (A), a chief elected 
        official receiving a grant under section 300ff-11(a) of this 
        title shall give priority to the designation of an existing 
        entity that has demonstrated experience in planning for the HIV 
        health care service needs within the eligible area and in the 
        implementation of such plans in addressing those needs. Any 
        existing entity so designated shall be expanded to include a 
        broad representation of the full range of entities that provide 
        such services within the geographic area to be served.

        (C) Chairperson

            A planning council may not be chaired solely by an employee 
        of the grantee.

                             (4) Duties

        The planning council established or designated under paragraph 
    (1) shall--
            (A) establish priorities for the allocation of funds within 
        the eligible area, including how best to meet each such priority 
        and additional factors that a grantee should consider in 
        allocating funds under a grant based on the--
                (i) documented needs of the HIV-infected population;
                (ii) cost and outcome effectiveness of proposed 
            strategies and interventions, to the extent that such data 
            are reasonably available (either demonstrated or probable);
                (iii) priorities of the HIV-infected communities for 
            whom the services are intended; and
                (iv) availability of other governmental and 
            nongovernmental resources;

            (B) develop a comprehensive plan for the organization and 
        delivery of health services described in section 300ff-14 of 
        this title that is compatible with any existing State or local 
        plan regarding the provision of health services to individuals 
        with HIV disease;
            (C) assess the efficiency of the administrative mechanism in 
        rapidly allocating funds to the areas of greatest need within 
        the eligible area, and at the discretion of the planning 
        council, assess the effectiveness, either directly or through 
        contractual arrangements, of the services offered in meeting the 
        identified needs;
            (D) participate in the development of the statewide 
        coordinated statement of need initiated by the State public 
        health agency responsible for administering grants under part B 
        of this subchapter; and
            (E) establish methods for obtaining input on community needs 
        and priorities which may include public meetings, conducting 
        focus groups, and convening ad-hoc panels.

                      (5) Conflicts of interest

        (A) In general

            The planning council under paragraph (1) may not be directly 
        involved in the administration of a grant under section 300ff-
        11(a) of this title. With respect to compliance with the 
        preceding sentence, the planning council may not designate (or 
        otherwise be involved in the selection of) particular entities 
        as recipients of any of the amounts provided in the grant.

        (B) Required agreements

            An individual may serve on the planning council under 
        paragraph (1) only if the individual agrees that if the 
        individual has a financial interest in an entity, if the 
        individual is an employee of a public or private entity, or if 
        the individual is a member of a public or private organization, 
        and such entity or organization is seeking amounts from a grant 
        under section 300ff-11(a) of this title, the individual will 
        not, with respect to the purpose for which the entity seeks such 
        amounts, participate (directly or in an advisory capacity) in 
        the process of selecting entities to receive such amounts for 
        such purpose.

                      (6) Grievance procedures

        A planning council under paragraph (1) shall develop procedures 
    for addressing grievances with respect to funding under this part, 
    including procedures for submitting grievances that cannot be 
    resolved to binding arbitration. Such procedures shall be described 
    in the by-laws of the planning council and be consistent with the 
    requirements of subsection (c) of this section.

(c) Grievance procedures

                     (1) Federal responsibility

        (A) Models

            The Secretary shall, through a process that includes 
        consultations with grantees under this part and public and 
        private experts in grievance procedures, arbitration, and 
        mediation, develop model grievance procedures that may be 
        implemented by the planning council under subsection (b)(1) of 
        this section and grantees under this part. Such model procedures 
        shall describe the elements that must be addressed in 
        establishing local grievance procedures and provide grantees 
        with flexibility in the design of such local procedures.

        (B) Review

            The Secretary shall review grievance procedures established 
        by the planning council and grantees under this part to 
        determine if such procedures are adequate. In making such a 
        determination, the Secretary shall assess whether such 
        procedures permit legitimate grievances to be filed, evaluated, 
        and resolved at the local level.

                            (2) Grantees

        To be eligible to receive funds under this part, a grantee shall 
    develop grievance procedures that are determined by the Secretary to 
    be consistent with the model procedures developed under paragraph 
    (1)(A). Such procedures shall include a process for submitting 
    grievances to binding arbitration.

(July 1, 1944, ch. 373, title XXVI, Sec. 2602, as added Pub. L. 101-381, 
title I, Sec. 101(3), Aug. 18, 1990, 104 Stat. 577; amended Pub. L. 102-
531, title III, Sec. 312(d)(26), Oct. 27, 1992, 106 Stat. 3505; Pub. L. 
104-146, Sec. 3(b)(1), May 20, 1996, 110 Stat. 1347.)


                            Prior Provisions

    A prior section 2602 of act July 1, 1944, was successively 
renumbered by subsequent acts and transferred, see section 238a of this 
title.


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-146, Sec. 3(b)(1)(A)(ii), inserted 
at end ``Nominations for membership on the council shall be identified 
through an open process and candidates shall be selected based on 
locally delineated and publicized criteria. Such criteria shall include 
a conflict-of-interest standard that is in accordance with paragraph 
(5).''
    Pub. L. 104-146, Sec. 3(b)(1)(A)(i), substituted ``reflect in its 
composition the demographics of the epidemic in the eligible area 
involved, with particular consideration given to disproportionately 
affected and historically underserved groups and subpopulations.'' for 
``include representatives of--
        ``(A) health care providers;
        ``(B) community-based and AIDS service organizations;
        ``(C) social service providers;
        ``(D) mental health care providers;
        ``(E) local public health agencies;
        ``(F) hospital planning agencies or health care planning 
    agencies;
        ``(G) affected communities, including individuals with HIV 
    disease;
        ``(H) non-elected community leaders;
        ``(I) State government;
        ``(J) grantees under subpart II of part C of this subchapter; 
    and
        ``(K) the lead agency of any Health Resources and Services 
    Administration adult and pediatric HIV-related care demonstration 
    project operating in the area to be served.''
    Subsec. (b)(2). Pub. L. 104-146, Sec. 3(b)(1)(E), added par. (2). 
Former par. (2) redesignated (3).
    Subsec. (b)(2)(C). Pub. L. 104-146, Sec. 3(b)(1)(B), added subpar. 
(C).
    Subsec. (b)(3). Pub. L. 104-146, Sec. 3(b)(1)(D), redesignated par. 
(2) as (3). Former par. (3) redesignated (4).
    Subsec. (b)(3)(A). Pub. L. 104-146, Sec. 3(b)(1)(C)(i), substituted 
``area, including how best to meet each such priority and additional 
factors that a grantee should consider in allocating funds under a grant 
based on the--'' for ``area;'' and added cls. (i) to (iv).
    Subsec. (b)(3)(B). Pub. L. 104-146, Sec. 3(b)(1)(C)(ii), struck out 
``and'' at end.
    Subsec. (b)(3)(C). Pub. L. 104-146, Sec. 3(b)(1)(C)(iii), 
substituted ``, and at the discretion of the planning council, assess 
the effectiveness, either directly or through contractual arrangements, 
of the services offered in meeting the identified needs;'' for period at 
end.
    Subsec. (b)(3)(D), (E). Pub. L. 104-146, Sec. 3(b)(1)(C)(iv), added 
subpars. (D) and (E).
    Subsec. (b)(4). Pub. L. 104-146, Sec. 3(b)(1)(D), redesignated par. 
(3) as (4).
    Subsec. (b)(5), (6). Pub. L. 104-146, Sec. 3(b)(1)(F), added pars. 
(5) and (6).
    Subsec. (c). Pub. L. 104-146, Sec. 3(b)(1)(F), added subsec. (c).
    1992--Subsec. (a)(1). Pub. L. 102-531 substituted ``Centers for 
Disease Control and Prevention'' for ``Centers for Disease Control''.


                    Effective Date of 1996 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 300ff-13, 300ff-14, 300ff-15 
of this title.
