
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 122]
[Document affected by Public Law 106-345 Section 503(a)(1)]
[CITE: 42USC300ff-15]

 
                 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-15. Application


(a) In general

    To be eligible to receive a grant under section 300ff-11 of this 
title, an eligible area shall prepare and submit to the Secretary an 
application, in accordance with subsection (c) of this section regarding 
a single application and grant award, at such time, in such form, and 
containing such information as the Secretary shall require, including 
assurances adequate to ensure--
        (1)(A) that funds received under a grant awarded under this part 
    will be utilized to supplement not supplant State funds made 
    available in the year for which the grant is awarded to provide HIV-
    related services to individuals with HIV disease;
        (B) that the political subdivisions within the eligible area 
    will maintain the level of expenditures by such political 
    subdivisions for HIV-related services for individuals with HIV 
    disease at a level that is equal to the level of such expenditures 
    by such political subdivisions for the preceding fiscal year; and
        (C) that political subdivisions within the eligible area will 
    not use funds received under a grant awarded under this part in 
    maintaining the level of expenditures for HIV-related services as 
    required in subparagraph (B);
        (2) that the eligible area has an HIV health services planning 
    council and has entered into intergovernmental agreements pursuant 
    to section 300ff-12 of this title, and has developed or will develop 
    the comprehensive plan in accordance with section 300ff-12(b)(3)(B) 
    \1\ of this title;
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    \1\ See References in Text note below.
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        (3) that entities within the eligible area that will receive 
    funds under a grant provided under section 300ff-11(a) of this title 
    shall participate in an established HIV community-based continuum of 
    care if such continuum exists within the eligible area;
        (4) that funds received under a grant awarded under this part 
    will not be utilized to make payments for any item or service to the 
    extent that payment has been made, or can reasonably be expected to 
    be made, with respect to that item or service--
            (A) under any State compensation program, under an insurance 
        policy, or under any Federal or State health benefits program; 
        or
            (B) by an entity that provides health services on a prepaid 
        basis;

        (5) to the maximum extent practicable, that--
            (A) HIV health care and support services provided with 
        assistance made available under this part will be provided 
        without regard--
                (i) to the ability of the individual to pay for such 
            services; and
                (ii) to the current or past health condition of the 
            individual to be served;

            (B) such services will be provided in a setting that is 
        accessible to low-income individuals with HIV-disease; and
            (C) a program of outreach will be provided to low-income 
        individuals with HIV-disease to inform such individuals of such 
        services; and

        (6) that the applicant has participated, or will agree to 
    participate, in the statewide coordinated statement of need process 
    where it has been initiated by the State public health agency 
    responsible for administering grants under part B of this 
    subchapter, and ensure that the services provided under the 
    comprehensive plan are consistent with the statewide coordinated 
    statement of need.

(b) Application

    An eligible area that desires to receive a grant under section 
300ff-13(b) of this title shall prepare and submit to the Secretary an 
application, in accordance with subsection (c) of this section regarding 
a single application and grant award, at such time, in such form, and 
containing such information as the Secretary shall require, including 
the information required under such subsection and information 
concerning--
        (1) the number of individuals to be served within the eligible 
    area with assistance provided under the grant;
        (2) demographic data on the population of such individuals;
        (3) the average cost of providing each category of HIV-related 
    health services and the extent to which such cost is paid by third-
    party payors; and
        (4) the aggregate amounts expended for each such category of 
    services.

(c) Single application and grant award

                           (1) Application

        The Secretary may phase in the use of a single application that 
    meets the requirements of subsections (a) and (b) of section 300ff-
    13 of this title with respect to an eligible area that desires to 
    receive grants under section 300ff-13 of this title for a fiscal 
    year.

                           (2) Grant award

        The Secretary may phase in the awarding of a single grant to an 
    eligible area that submits an approved application under paragraph 
    (1) for a fiscal year.

(d) Date certain for submission

                           (1) Requirement

        Except as provided in paragraph (2), to be eligible to receive a 
    grant under section 300ff-11(a) of this title for a fiscal year, an 
    application under subsection (a) of this section shall be submitted 
    not later than 45 days after the date on which appropriations are 
    made under section 300ff-77 of this title for the fiscal year.

                            (2) Exception

        The Secretary may extend the time for the submission of an 
    application under paragraph (1) for a period of not to exceed 60 
    days if the Secretary determines that the eligible area has made a 
    good faith effort to comply with the requirement of such paragraph 
    but has otherwise been unable to submit its application.

                    (3) Distribution by Secretary

        Not later than 45 days after receiving an application that meets 
    the requirements of subsection (a) of this section from an eligible 
    area, the Secretary shall distribute to such eligible area the 
    amounts awarded under the grant for which the application was 
    submitted.

                         (4) Redistribution

        Any amounts appropriated in any fiscal year under this part and 
    not obligated to an eligible entity as a result of the failure of 
    such entity to submit an application shall be redistributed by the 
    Secretary to other eligible entities in proportion to the original 
    grants made to such eligible areas under \2\ 300ff-11(a) of this 
    title.
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    \2\ So in original. Probably should be followed by ``section''.
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(e) Requirements regarding imposition of charges for services

                           (1) In general

        The Secretary may not make a grant under section 300ff-11 of 
    this title to an eligible area unless the eligible area provides 
    assurances that in the provision of services with assistance 
    provided under the grant--
            (A) in the case of individuals with an income less than or 
        equal to 100 percent of the official poverty line, the provider 
        will not impose charges on any such individual for the provision 
        of services under the grant;
            (B) in the case of individuals with an income greater than 
        100 percent of the official poverty line, the provider--
                (i) will impose a charge on each such individual for the 
            provision of such services; and
                (ii) will impose the charge according to a schedule of 
            charges that is made available to the public;

            (C) in the case of individuals with an income greater than 
        100 percent of the official poverty line and not exceeding 200 
        percent of such poverty line, the provider will not, for any 
        calendar year, impose charges in an amount exceeding 5 percent 
        of the annual gross income of the individual involved;
            (D) in the case of individuals with an income greater than 
        200 percent of the official poverty line and not exceeding 300 
        percent of such poverty line, the provider will not, for any 
        calendar year, impose charges in an amount exceeding 7 percent 
        of the annual gross income of the individual involved; and
            (E) in the case of individuals with an income greater than 
        300 percent of the official poverty line, the provider will not, 
        for any calendar year, impose charges in an amount exceeding 10 
        percent of the annual gross income of the individual involved.

                      (2) Assessment of charge

        With respect to compliance with the assurance made under 
    paragraph (1), a grantee or entity receiving assistance under this 
    part may, in the case of individuals subject to a charge for 
    purposes of such paragraph--
            (A) assess the amount of the charge in the discretion of the 
        grantee, including imposing only a nominal charge for the 
        provision of services, subject to the provisions of such 
        paragraph regarding public schedules and regarding limitations 
        on the maximum amount of charges; and
            (B) take into consideration the medical expenses of 
        individuals in assessing the amount of the charge, subject to 
        such provisions.

         (3) Applicability of limitation on amount of charge

        The Secretary may not make a grant under section 300ff-11 of 
    this title to an eligible area unless the eligible area agrees that 
    the limitations established in subparagraphs (C), (D) and (E) of 
    paragraph (1) regarding the imposition of charges for services 
    applies to the annual aggregate of charges imposed for such 
    services, without regard to whether they are characterized as 
    enrollment fees, premiums, deductibles, cost sharing, copayments, 
    coinsurance, or other charges.

              (4) Waiver regarding secondary agreements

        The requirements established in paragraphs (1) through (3) shall 
    be waived in accordance with section 300ff-14(d)(2) of this title.

(July 1, 1944, ch. 373, title XXVI, Sec. 2605, as added Pub. L. 101-381, 
title I, Sec. 101(3), Aug. 18, 1990, 104 Stat. 582; amended Pub. L. 104-
146, Secs. 3(b)(5), 6(c)(2), May 20, 1996, 110 Stat. 1352, 1368.)

                       References in Text

    Section 300ff-12(b) of this title, referred to in subsec. (a)(2), 
was amended by Pub. L. 104-146, Sec. 3(b)(1)(D), May 20, 1996, 110 Stat. 
1348, to redesignate pars. (2) and (3) as (3) and (4), respectively. As 
so redesignated, par. (3)(B) relates to consideration regarding 
designation of councils and par. (4)(B) relates to development of a 
comprehensive plan.


                            Prior Provisions

    A prior section 2605 of act July 1, 1944, was successively 
renumbered by subsequent acts and transferred, see section 238d of this 
title.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-146, Sec. 3(b)(5)(A)(i), inserted ``, 
in accordance with subsection (c) of this section regarding a single 
application and grant award,'' after ``application'' in introductory 
provisions.
    Subsec. (a)(1)(B). Pub. L. 104-146, Sec. 3(b)(5)(A)(ii), substituted 
``preceding fiscal year'' for ``1-year period preceding the first fiscal 
year for which a grant is received by the eligible area''.
    Subsec. (a)(6). Pub. L. 104-146, Sec. 3(b)(5)(A)(iii)-(v), added 
par. (6).
    Subsec. (b). Pub. L. 104-146, Sec. 3(b)(5)(B), substituted 
``Application'' for ``Additional application'' in heading and 
substituted ``application, in accordance with subsection (c) of this 
section regarding a single application and grant award,'' for 
``additional application'' in introductory provisions.
    Subsec. (c). Pub. L. 104-146, Sec. 3(b)(5)(D), added subsec. (c). 
Former subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 104-146, Sec. 3(b)(5)(C), redesignated subsec. 
(c) as (d). Former subsec. (d) redesignated (e).
    Subsec. (d)(1). Pub. L. 104-146, Sec. 6(c)(2), which directed 
substitution of ``section 300ff-77 of this title'' for ``section 300ff-
18 of this title'' in subsec. (c)(1), was executed by making the 
substitution in subsec. (d)(1) to reflect the probable intent of 
Congress and the redesignation of subsec. (c) as (d) by Pub. L. 104-146, 
Sec. 3(b)(5)(C). See above.
    Subsec. (e). Pub. L. 104-146, Sec. 3(b)(5)(C), redesignated subsec. 
(d) as (e).


                    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 section 300ff-13 of this title.
