
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 203]
[CITE: 42USC300ff-23]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
            SUBCHAPTER XXIV--HIV HEALTH CARE SERVICES PROGRAM
 
                       Part B--Care Grant Program
 
                   subpart i--general grant provisions
 
Sec. 300ff-23. Grants to establish HIV care consortia


(a) Consortia

    A State may use amounts provided under a grant awarded under this 
part to provide assistance under section 300ff-22(a)(1) \1\ of this 
title to an entity that--
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    \1\ See References in Text note below.
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        (1) is an association of one or more public, and one or more 
    nonprofit private,\2\ (or private for-profit providers or 
    organizations if such entities are the only available providers of 
    quality HIV care in the area) \2\ health care and support service 
    providers and community based organizations operating within areas 
    determined by the State to be most affected by HIV disease; and
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    \2\ So in original. The comma probably should follow parenthetical 
phrase.
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        (2) agrees to use such assistance for the planning, development 
    and delivery, through the direct provision of services or through 
    entering into agreements with other entities for the provision of 
    such services, of comprehensive outpatient health and support 
    services for individuals with HIV disease, that may include--
            (A) essential health services such as case management 
        services, medical, nursing, substance abuse treatment, mental 
        health treatment, and dental care, diagnostics, monitoring, 
        prophylactic treatment for opportunistic infections, treatment 
        education to take place in the context of health care delivery, 
        and medical follow-up services, mental health, developmental, 
        and rehabilitation services, home health and hospice care; and
            (B) essential support services such as transportation 
        services, attendant care, homemaker services, day or respite 
        care, benefits advocacy, advocacy services provided through 
        public and nonprofit private entities, and services that are 
        incidental to the provision of health care services for 
        individuals with HIV disease including nutrition services, 
        housing referral services, and child welfare and family services 
        (including foster care and adoption services).

An entity or entities of the type described in this subsection shall 
hereinafter be referred to in this subchapter as a ``consortium'' or 
``consortia''.

(b) Assurances

                           (1) Requirement

        To receive assistance from a State under subsection (a) of this 
    section, an applicant consortium shall provide the State with 
    assurances that--
            (A) within any locality in which such consortium is to 
        operate, the populations and subpopulations of individuals and 
        families with HIV disease have been identified by the 
        consortium;
            (B) the service plan established under subsection (c)(2) of 
        this section by such consortium addresses the special care and 
        service needs of the populations and subpopulations identified 
        under subparagraph (A); and
            (C) except as provided in paragraph (2), the consortium will 
        be a single coordinating entity that will integrate the delivery 
        of services among the populations and subpopulations identified 
        under subparagraph (A).

                            (2) Exception

        Subparagraph (C) of paragraph (1) shall not apply to any 
    applicant consortium that the State determines will operate in a 
    community or locality in which it has been demonstrated by the 
    applicant consortium that--
            (A) subpopulations exist within the community to be served 
        that have unique service requirements; and
            (B) such unique service requirements cannot be adequately 
        and efficiently addressed by a single consortium serving the 
        entire community or locality.

(c) Application

                           (1) In general

        To receive assistance from the State under subsection (a) of 
    this section, a consortium shall prepare and submit to the State, an 
    application that--
            (A) demonstrates that the consortium includes agencies and 
        community-based organizations--
                (i) with a record of service to populations and 
            subpopulations with HIV disease requiring care within the 
            community to be served; and
                (ii) that are representative of populations and 
            subpopulations reflecting the local incidence of HIV and 
            that are located in areas in which such populations reside;

            (B) demonstrates that the consortium has carried out an 
        assessment of service needs within the geographic area to be 
        served and, after consultation with the entities described in 
        paragraph (2), has established a plan to ensure the delivery of 
        services to meet such identified needs that shall include--
                (i) assurances that service needs will be addressed 
            through the coordination and expansion of existing programs 
            before new programs are created;
                (ii) assurances that, in metropolitan areas, the 
            geographic area to be served by the consortium corresponds 
            to the geographic boundaries of local health and support 
            services delivery systems to the extent practicable;
                (iii) assurances that, in the case of services for 
            individuals residing in rural areas, the applicant 
            consortium shall deliver case management services that link 
            available community support services to appropriate 
            specialized medical services; and
                (iv) assurances that the assessment of service needs and 
            the planning of the delivery of services will include 
            participation by individuals with HIV disease;

            (C) demonstrates that adequate planning has occurred to meet 
        the special needs of families with HIV disease, including family 
        centered and youth centered care;
            (D) demonstrates that the consortium has created a mechanism 
        to evaluate periodically--
                (i) the success of the consortium in responding to 
            identified needs; and
                (ii) the cost-effectiveness of the mechanisms employed 
            by the consortium to deliver comprehensive care; and

            (E) demonstrates that the consortium will report to the 
        State the results of the evaluations described in subparagraph 
        (D) and shall make available to the State or the Secretary, on 
        request, such data and information on the program methodology 
        that may be required to perform an independent evaluation.

                          (2) Consultation

        In establishing the plan required under paragraph (1)(B), the 
    consortium shall consult with--
            (A)(i) the public health agency that provides or supports 
        ambulatory and outpatient HIV-related health care services 
        within the geographic area to be served; or
            (ii) in the case of a public health agency that does not 
        directly provide such HIV-related health care services such 
        agency shall consult with an entity or entities that directly 
        provide ambulatory and outpatient HIV-related health care 
        services within the geographic area to be served;
            (B) not less than one community-based organization that is 
        organized solely for the purpose of providing HIV-related 
        support services to individuals with HIV disease; and
            (C) grantees under section 300ff-71 of this title, or, if 
        none are operating in the area, representatives in the area of 
        organizations with a history of serving children, youth, women, 
        and families living with HIV.

    The organization to be consulted under subparagraph (B) shall be at 
    the discretion of the applicant consortium.

(d) ``Family centered care'' defined

    As used in this part, the term ``family centered care'' means the 
system of services described in this section that is targeted 
specifically to the special needs of infants, children, women, and 
families. Family centered care shall be based on a partnership between 
parents, professionals, and the community designed to ensure an 
integrated, coordinated, culturally sensitive, and community-based 
continuum of care for children, women, and families with HIV disease.

(e) Priority

    In providing assistance under subsection (a) of this section, the 
State shall, among applicants that meet the requirements of this 
section, give priority--
        (1) first to consortia that are receiving assistance from the 
    Health Resources and Services Administration for adult and pediatric 
    HIV-related care demonstration projects; and then
        (2) to any other existing HIV care consortia.

(July 1, 1944, ch. 373, title XXVI, Sec. 2613, as added Pub. L. 101-381, 
title II, Sec. 201, Aug. 18, 1990, 104 Stat. 586; amended Pub. L. 104-
146, Sec. 3(c)(2), May 20, 1996, 110 Stat. 1354.)

                       References in Text

    Section 300ff-22 of this title, referred to in subsec. (a), was 
amended by Pub. L. 104-146, Sec. 3(c)(2)(A)(i), May 20, 1996, 110 Stat. 
1354, and, as so amended, no longer contains a subsec. (a).

                          Codification

    Another section 3(c)(2) of Pub. L. 104-146 amended section 300ff-22 
of this title.


                            Prior Provisions

    A prior section 2613 of act July 1, 1944, was successively 
renumbered by subsequent acts and transferred, see section 238l of this 
title.


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-146, Sec. 3(c)(2)(A)(i), inserted 
``(or private for-profit providers or organizations if such entities are 
the only available providers of quality HIV care in the area)'' after 
``nonprofit private,''.
    Subsec. (a)(2)(A). Pub. L. 104-146, Sec. 3(c)(2)(A)(ii), inserted 
``substance abuse treatment, mental health treatment,'' after 
``nursing,'' and ``prophylactic treatment for opportunistic infections, 
treatment education to take place in the context of health care 
delivery,'' after ``monitoring,''.
    Subsec. (c)(1)(C). Pub. L. 104-146, Sec. 3(c)(2)(B)(i), inserted 
``and youth centered'' after ``family centered''.
    Subsec. (c)(2)(C). Pub. L. 104-146, Sec. 3(c)(2)(B)(ii), added 
subpar. (C).


                    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-22, 300ff-28 of this 
title.
