
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 212(a)]
[CITE: 42USC300ff-33]

 
                 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 ii--provisions concerning pregnancy and perinatal transmission 
                                 of hiv
 
Sec. 300ff-33. CDC guidelines for pregnant women


(a) Requirement

    Notwithstanding any other provision of law, a State shall, not later 
than 120 days after May 20, 1996, certify to the Secretary that such 
State has in effect regulations or measures to adopt the guidelines 
issued by the Centers for Disease Control and Prevention concerning 
recommendations for human immunodeficiency virus counseling and 
voluntary testing for pregnant women.

(b) Noncompliance

    If a State does not provide the certification required under 
subsection (a) of this section within the 120-day period described in 
such subsection, such State shall not be eligible to receive assistance 
for HIV counseling and testing under this section until such 
certification is provided.

(c) Additional funds regarding women and infants

                           (1) In general

        If a State provides the certification required in subsection (a) 
    of this section and is receiving funds under this part for a fiscal 
    year, the Secretary may (from the amounts available pursuant to 
    paragraph (2)) make a grant to the State for the fiscal year for the 
    following purposes:
            (A) Making available to pregnant women appropriate 
        counseling on HIV disease.
            (B) Making available outreach efforts to pregnant women at 
        high risk of HIV who are not currently receiving prenatal care.
            (C) Making available to such women voluntary HIV testing for 
        such disease.
            (D) Offsetting other State costs associated with the 
        implementation of this section and subsections (a) and (b) of 
        section 300ff-34 of this title.
            (E) Offsetting State costs associated with the 
        implementation of mandatory newborn testing in accordance with 
        this subchapter or at an earlier date than is required by this 
        subchapter.

                             (2) Funding

        For purposes of carrying out this subsection, there are 
    authorized to be appropriated $10,000,000 for each of the fiscal 
    years 1996 through 2000. Amounts made available under section 300ff-
    77 of this title for carrying out this part are not available for 
    carrying out this section unless otherwise authorized.

                            (3) Priority

        In awarding grants under this subsection the Secretary shall 
    give priority to States that have the greatest proportion of HIV 
    seroprevalance among child bearing women using the most recent data 
    available as determined by the Centers for Disease Control and 
    Prevention.

(July 1, 1944, ch. 373, title XXVI, Sec. 2625, as added Pub. L. 104-146, 
Sec. 7(b)(3), May 20, 1996, 110 Stat. 1369.)


                             Effective Date

    Section effective Oct. 1, 1996, see section 13 of Pub. L. 104-146, 
set out as an Effective Date of 1996 Amendment note under section 300ff-
11 of this title.


      Perinatal Transmission of HIV Disease; Congressional Findings

    Section 7(a) of Pub. L. 104-146 provided that: ``The Congress finds 
as follows:
        ``(1) Research studies and statewide clinical experiences have 
    demonstrated that administration of anti-retroviral medication 
    during pregnancy can significantly reduce the transmission of the 
    human immunodeficiency virus (commonly known as HIV) from an 
    infected mother to her baby.
        ``(2) The Centers for Disease Control and Prevention have 
    recommended that all pregnant women receive HIV counseling; 
    voluntary, confidential HIV testing; and appropriate medical 
    treatment (including anti-retroviral therapy) and support services.
        ``(3) The provision of such testing without access to such 
    counseling, treatment, and services will not improve the health of 
    the woman or the child.
        ``(4) The provision of such counseling, testing, treatment, and 
    services can reduce the number of pediatric cases of acquired immune 
    deficiency syndrome, can improve access to and provision of medical 
    care for the woman, and can provide opportunities for counseling to 
    reduce transmission among adults, and from mother to child.
        ``(5) The provision of such counseling, testing, treatment, and 
    services can reduce the overall cost of pediatric cases of acquired 
    immune deficiency syndrome.
        ``(6) The cancellation or limitation of health insurance or 
    other health coverage on the basis of HIV status should be 
    impermissible under applicable law. Such cancellation or limitation 
    could result in disincentives for appropriate counseling, testing, 
    treatment, and services.
        ``(7) For the reasons specified in paragraphs (1) through (6)--
            ``(A) routine HIV counseling and voluntary testing of 
        pregnant women should become the standard of care; and
            ``(B) the relevant medical organizations as well as public 
        health officials should issue guidelines making such counseling 
        and testing the standard of care.''

                  Section Referred to in Other Sections

    This section is referred to in section 300ff-34 of this title.
