
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(2)]
[CITE: 42USC300ff-35]

 
                 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-35. Testing of pregnant women and newborn infants

    An activity or requirement described in this section is any of the 
following:
        (1) In the case of newborn infants who are born in the State and 
    whose biological mothers have not undergone prenatal testing for HIV 
    disease, that each such infant undergo testing for such disease.
        (2) That the results of such testing of a newborn infant be 
    promptly disclosed in accordance with the following, as applicable 
    to the infant involved:
            (A) To the biological mother of the infant (without regard 
        to whether she is the legal guardian of the infant).
            (B) If the State is the legal guardian of the infant:
                (i) To the appropriate official of the State agency with 
            responsibility for the care of the infant.
                (ii) To the appropriate official of each authorized 
            agency providing assistance in the placement of the infant.
                (iii) If the authorized agency is giving significant 
            consideration to approving an individual as a foster parent 
            of the infant, to the prospective foster parent.
                (iv) If the authorized agency is giving significant 
            consideration to approving an individual as an adoptive 
            parent of the infant, to the prospective adoptive parent.

            (C) If neither the biological mother nor the State is the 
        legal guardian of the infant, to another legal guardian of the 
        infant.
            (D) To the child's health care provider.

        (3) That, in the case of prenatal testing for HIV disease that 
    is conducted in the State, the results of such testing be promptly 
    disclosed to the pregnant woman involved.
        (4) That, in disclosing the test results to an individual under 
    paragraph (2) or (3), appropriate counseling on the human 
    immunodeficiency virus be made available to the individual (except 
    in the case of a disclosure to an official of a State or an 
    authorized agency).
        (5) With respect to State insurance laws, that such laws 
    require--
            (A) that, if health insurance is in effect for an 
        individual, the insurer involved may not (without the consent of 
        the individual) discontinue the insurance, or alter the terms of 
        the insurance (except as provided in subparagraph (C)), solely 
        on the basis that the individual is infected with HIV disease or 
        solely on the basis that the individual has been tested for the 
        disease or its manifestation;
            (B) that subparagraph (A) does not apply to an individual 
        who, in applying for the health insurance involved, knowingly 
        misrepresented the HIV status of the individual; and
            (C) that subparagraph (A) does not apply to any reasonable 
        alteration in the terms of health insurance for an individual 
        with HIV disease that would have been made if the individual had 
        a serious disease other than HIV disease.

    For purposes of this subparagraph, a statute or regulation shall be 
    deemed to regulate insurance for purposes of this paragraph only to 
    the extent that such statute or regulation is treated as regulating 
    insurance for purposes of section 1144(b)(2) of title 29.

(July 1, 1944, ch. 373, title XXVI, Sec. 2627, as added Pub. L. 104-146, 
Sec. 7(b)(3), May 20, 1996, 110 Stat. 1371.)


                             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.

                  Section Referred to in Other Sections

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