
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 204]
[CITE: 42USC300ff-26]

 
                 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-26. Provision of treatments


(a) In general

    A State shall use a portion of the amounts provided under a grant 
awarded under this part to establish a program under section 300ff-
22(a)(5) \1\ of this title to provide therapeutics to treat HIV disease 
or prevent the serious deterioration of health arising from HIV disease 
in eligible individuals, including measures for the prevention and 
treatment of opportunistic infections.
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    \1\ So in original. Probably should be a reference to section 300ff-
22(5) of this title.
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(b) Eligible individual

    To be eligible to receive assistance from a State under this section 
an individual shall--
        (1) have a medical diagnosis of HIV disease; and
        (2) be a low-income individual, as defined by the State.

(c) State duties

    In carrying out this section the State shall--
        (1) determine, in accordance with guidelines issued by the 
    Secretary, which treatments are eligible to be included under the 
    program established under this section;
        (2) provide assistance for the purchase of treatments determined 
    to be eligible under paragraph (1), and the provision of such 
    ancillary devices that are essential to administer such treatments;
        (3) provide outreach to individuals with HIV disease, and as 
    appropriate to the families of such individuals;
        (4) facilitate access to treatments for such individuals; and
        (5) document the progress made in making therapeutics described 
    in subsection (a) of this section available to individuals eligible 
    for assistance under this section.

(d) Duties of Secretary

    In carrying out this section, the Secretary shall review the current 
status of State drug reimbursement programs established under section 
300ff-22(2) of this title and assess barriers to the expanded 
availability of the treatments described in subsection (a) of this 
section. The Secretary shall also examine the extent to which States 
coordinate with other grantees under this subchapter to reduce barriers 
to the expanded availability of the treatments described in subsection 
(a) of this section.

(July 1, 1944, ch. 373, title XXVI, Sec. 2616, as added Pub. L. 101-381, 
title II, Sec. 201, Aug. 18, 1990, 104 Stat. 590; amended Pub. L. 104-
146, Sec. 3(c)(3), May 20, 1996, 110 Stat. 1355.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-146, Sec. 3(c)(3)(A), substituted 
``shall use a portion of the amounts'' for ``may use amounts'' and 
``section 300ff-22(a)(5) of this title to provide therapeutics to treat 
HIV disease'' for ``section 300ff-22(a)(4) of this title to provide 
treatments that have been determined to prolong life'' and inserted 
before period ``, including measures for the prevention and treatment of 
opportunistic infections''.
    Subsec. (c)(5). Pub. L. 104-146, Sec. 3(c)(3)(B), added par. (5).
    Subsec. (d). Pub. L. 104-146, Sec. 3(c)(3)(C), added subsec. (d).


                    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.
