
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-44]

 
                 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-44. Offering and encouraging early intervention 
        services
        

(a) In general

    The Secretary may not make a grant under section 300ff-41 of this 
title unless, in the case of entities to which the State provides 
amounts from the grant for the provision of early intervention services, 
the State involved agrees that--
        (1) if the entity is a health care provider that regularly 
    provides treatment for sexually transmitted diseases, the entity 
    will offer and encourage such services with respect to individuals 
    to whom the entity provides such treatment;
        (2) if the entity is a health care provider that regularly 
    provides treatment for intravenous substance abuse, the entity will 
    offer and encourage such services with respect to individuals to 
    whom the entity provides such treatment;
        (3) if the entity is a family planning clinic, the entity will 
    offer and encourage such services with respect to individuals to 
    whom the entity provides family planning services and whom the 
    entity has reason to believe has HIV disease; and
        (4) if the entity is a health care provider that provides 
    treatment for tuberculosis, the entity will offer and encourage such 
    services with respect to individuals to whom the entity provides 
    such treatment.

(b) Sufficiency of amount of grant

    With respect to compliance with the agreement made under subsection 
(a) of this section, an entity to which subsection (a) of this section 
applies may be required to offer, encourage, and provide early 
intervention services only to the extent that the amount of the grant is 
sufficient to pay the costs of offering, encouraging, and providing the 
services.

(c) Criteria for offering and encouraging

    Subject to section 300ff-41(b)(4) of this title, an entity to which 
subsection (a) of this section applies is, for purposes of such 
subsection, offering and encouraging early intervention services with 
respect to the individuals involved if the entity--
        (1) offers such services to the individuals, and encourages the 
    individuals to receive the services, as a regular practice in the 
    course of providing the health care involved; and
        (2) provides the early intervention services only with the 
    consent of the individuals.

(July 1, 1944, ch. 373, title XXVI, Sec. 2644, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 601.)

                  Section Referred to in Other Sections

    This section is referred to in section 300ff-41 of this title.
