
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 301(a)]
[CITE: 42USC300ff-41]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
            SUBCHAPTER XXIV--HIV HEALTH CARE SERVICES PROGRAM
 
                   Part C--Early Intervention Services
 
                  subpart i--formula grants for states
 
Sec. 300ff-41. Establishment of program


(a) Allotments for States

    For the purposes described in subsection (b) of this section, the 
Secretary, acting through the Director of the Centers for Disease 
Control and Prevention and in consultation with the Administrator of the 
Health Resources and Services Administration, shall for each of the 
fiscal years 1991 through 1995 make an allotment for each State in an 
amount determined in accordance with section 300ff-49 of this title. The 
Secretary shall make payments, as grants, to each State from the 
allotment for the State for the fiscal year involved if the Secretary 
approves for the fiscal year an application submitted by the State 
pursuant to section 300ff-65 of this title.

(b) Purposes of grants

                           (1) In general

        The Secretary may not make a grant under subsection (a) of this 
    section unless the State involved agrees to expend the grant for the 
    purposes of providing, on an outpatient basis, each of the early 
    intervention services specified in paragraph (2) with respect to HIV 
    disease.

          (2) Specification of early intervention services

        The early intervention services referred to in paragraph (1) 
    are--
            (A) counseling individuals with respect to HIV disease in 
        accordance with section 300ff-62 of this title;
            (B) testing individuals with respect to such disease, 
        including tests to confirm the presence of the disease, tests to 
        diagnose the extent of the deficiency in the immune system, and 
        tests to provide information on appropriate therapeutic measures 
        for preventing and treating the deterioration of the immune 
        system and for preventing and treating conditions arising from 
        the disease;
            (C) referrals described in paragraph (3);
            (D) other clinical and diagnostic services with respect to 
        HIV disease, and periodic medical evaluations of individuals 
        with the disease; and
            (E) providing the therapeutic measures described in 
        subparagraph (B).

                            (3) Referrals

        The services referred to in paragraph (2)(C) are referrals of 
    individuals with HIV disease to appropriate providers of health and 
    support services, including, as appropriate--
            (A) to entities receiving amounts under part A or B of this 
        subchapter for the provision of such services;
            (B) to biomedical research facilities of institutions of 
        higher education that offer experimental treatment for such 
        disease, or to community-based organizations or other entities 
        that provide such treatment; or
            (C) to grantees under section 300ff-71 of this title, in the 
        case of pregnant women.

     (4) Requirement of availability of all early intervention 
                        services through each grantee

        The Secretary may not make a grant under subsection (a) of this 
    section unless the State involved agrees that each of the early 
    intervention services specified in paragraph (2) will be available 
    through the State. With respect to compliance with such agreement, a 
    State may expend the grant to provide the early intervention 
    services directly, and may expend the grant to enter into agreements 
    with public or nonprofit private entities under which the entities 
    provide the services.

                        (5) Optional services

        A State receiving a grant under subsection (a) of this section--
            (A) may expend not more than 5 percent of the grant to 
        provide early intervention services through making grants to 
        hospitals that--
                (i) for the most recent fiscal year for which the data 
            is available, have admitted--
                    (I) not fewer than 250 individuals with acquired 
                immune deficiency syndrome; or
                    (II) a number of such individuals constituting 20 
                percent of the number of inpatients of the hospital 
                admitted during such period;

                (ii) agree to offer and encourage such services with 
            respect to inpatients of the hospitals; and
                (iii) agree that subsections (c) and (d) of section 
            300ff-44 of this title will apply to the hospitals to the 
            same extent and in the same manner as such subsections apply 
            to entities described in such section;

            (B) may expend the grant to provide outreach services to 
        individuals who may have HIV disease, or may be at risk of the 
        disease, and who may be unaware of the availability and 
        potential benefits of early treatment of the disease, and to 
        provide outreach services to health care professionals who may 
        be unaware of such availability and potential benefits; and
            (C) may, in the case of individuals who seek early 
        intervention services from the grantee, expend the grant--
                (i) for case management to provide coordination in the 
            provision of health care services to the individuals and to 
            review the extent of utilization of the services by the 
            individuals; and
                (ii) to provide assistance to the individuals regarding 
            establishing the eligibility of the individuals for 
            financial assistance and services under Federal, State, or 
            local programs providing for health services, mental health 
            services, social services, or other appropriate services.

                           (6) Allocations

        (A) Subject to subparagraphs (B) and (C), the Secretary may not 
    make a grant under subsection (a) of this section unless the State 
    involved agrees--
            (i) to expend not less than 35 percent of the grant to 
        provide the early intervention services specified in 
        subparagraphs (A) through (C) of paragraph (2); and
            (ii) to expend not less than 35 percent of the grant to 
        provide the early intervention services specified in 
        subparagraphs (D) and (E) of such paragraph.

        (B) With respect to compliance with the agreement under 
    subparagraph (A), amounts reserved by a State for fiscal year 1991 
    for purposes of clauses (i) and (ii) of such subparagraph may be 
    expended to provide the services specified in paragraph (5).
        (C) The Secretary shall ensure that, of the amounts appropriated 
    under section 300ff-50 of this title for fiscal year 1991, an amount 
    equal to $130,000,000 is expended to provide the early intervention 
    services specified in subparagraphs (A) through (C) of paragraph 
    (2).

(July 1, 1944, ch. 373, title XXVI, Sec. 2641, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 597; amended Pub. L. 
102-531, title III, Sec. 312(d)(31), Oct. 27, 1992, 106 Stat. 3506.)


                               Amendments

    1992--Subsec. (a). Pub. L. 102-531 substituted ``Centers for Disease 
Control and Prevention'' for ``Centers for Disease Control''.

                  Section Referred to in Other Sections

    This section is referred to in sections 300ff-42, 300ff-43, 300ff-
44, 300ff-45, 300ff-46, 300ff-47, 300ff-48, 300ff-49, 300ff-49a, 300ff-
50, 300ff-61, 300ff-64 of this title.
