
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 211(1)]
[CITE: 42USC300ff-34]

 
                 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-34. Perinatal transmission of HIV disease; contingent 
        requirement regarding State grants under this part
        

(a) Annual determination of reported cases

    A State shall annually determine the rate of reported cases of AIDS 
as a result of perinatal transmission among residents of the State.

(b) Causes of perinatal transmission

    In determining the rate under subsection (a) of this section, a 
State shall also determine the possible causes of perinatal 
transmission. Such causes may include--
        (1) the inadequate provision within the State of prenatal 
    counseling and testing in accordance with the guidelines issued by 
    the Centers for Disease Control and Prevention;
        (2) the inadequate provision or utilization within the State of 
    appropriate therapy or failure of such therapy to reduce perinatal 
    transmission of HIV, including--
            (A) that therapy is not available, accessible or offered to 
        mothers; or
            (B) that available therapy is offered but not accepted by 
        mothers; or

        (3) other factors (which may include the lack of prenatal care) 
    determined relevant by the State.

(c) CDC reporting system

    Not later than 4 months after May 20, 1996, the Director of the 
Centers for Disease Control and Prevention shall develop and implement a 
system to be used by States to comply with the requirements of 
subsections (a) and (b) of this section. The Director shall issue 
guidelines to ensure that the data collected is statistically valid.

(d) Determination by Secretary

    Not later than 180 days after the expiration of the 18-month period 
beginning on the date on which the system is implemented under 
subsection (c) of this section, the Secretary shall publish in the 
Federal Register a determination of whether it has become a routine 
practice in the provision of health care in the United States to carry 
out each of the activities described in paragraphs (1) through (4) of 
section 300ff-35 of this title. In making the determination, the 
Secretary shall consult with the States and with other public or private 
entities that have knowledge or expertise relevant to the determination.

(e) Contingent applicability

                           (1) In general

        If the determination published in the Federal Register under 
    subsection (d) of this section is that (for purposes of such 
    subsection) the activities involved have become routine practices, 
    paragraph (2) shall apply on and after the expiration of the 18-
    month period beginning on the date on which the determination is so 
    published.

                           (2) Requirement

        Subject to subsection (f) of this section, the Secretary shall 
    not make a grant under this part to a State unless the State meets 
    not less than one of the following requirements:
            (A) A 50 percent reduction (or a comparable measure for 
        States with less than 10 cases) in the rate of new cases of AIDS 
        (recognizing that AIDS is a suboptimal proxy for tracking HIV in 
        infants and was selected because such data is universally 
        available) as a result of perinatal transmission as compared to 
        the rate of such cases reported in 1993 (a State may use HIV 
        data if such data is available).
            (B) At least 95 percent of women in the State who have 
        received at least two prenatal visits (consultations) prior to 
        34 weeks gestation with a health care provider or provider group 
        have been tested for the human immunodeficiency virus.
            (C) The State has in effect, in statute or through 
        regulations, the requirements specified in paragraphs (1) 
        through (5) of section 300ff-35 of this title.

(f) Limitation regarding availability of funds

    With respect to an activity described in any of paragraphs (1) 
through (4) of section 300ff-35 of this title, the requirements 
established by a State under this section apply for purposes of this 
section only to the extent that the following sources of funds are 
available for carrying out the activity:
        (1) Federal funds provided to the State in grants under this 
    part or under section 300ff-33 of this title, or through other 
    Federal sources under which payments for routine HIV testing, 
    counseling or treatment are an eligible use.
        (2) Funds that the State or private entities have elected to 
    provide, including through entering into contracts under which 
    health benefits are provided. This section does not require any 
    entity to expend non-Federal funds.

(July 1, 1944, ch. 373, title XXVI, Sec. 2626, as added Pub. L. 104-146, 
Sec. 7(b)(3), May 20, 1996, 110 Stat. 1369; amended Pub. L. 104-166, 
Sec. 5(1), July 29, 1996, 110 Stat. 1449.)


                               Amendments

    1996--Subsec. (d). Pub. L. 104-166, Sec. 5(1)(A), substituted ``(1) 
through (4)'' for ``(1) through (5)''.
    Subsec. (f). Pub. L. 104-166, Sec. 5(1)(B), substituted ``(1) 
through (4)'' for ``(1) through (5)'' in introductory provisions.


                             Effective Date

    Section effective May 20, 1996, see section 13(b) of Pub. L. 104-
146, set out as an Effective Date of 1996 Amendment note under section 
300ff-11 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 300ff-21, 300ff-33 of this 
title.
