
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-46]

 
                 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-46. Reporting and partner notification


(a) Reporting

    The Secretary may not make a grant under section 300ff-41 of this 
title unless, with respect to testing for HIV disease, the State 
involved provides assurances satisfactory to the Secretary that the 
State will require that any entity carrying out such testing 
confidentially report to the State public health officer information 
sufficient--
        (1) to perform statistical and epidemiological analyses of the 
    incidence in the State of cases of such disease;
        (2) to perform statistical and epidemiological analyses of the 
    demographic characteristics of the population of individuals in the 
    State who have the disease; and
        (3) to assess the adequacy of early intervention services in the 
    State.

(b) Partner notification

    The Secretary may not make a grant under section 300ff-41 of this 
title unless the State involved provides assurances satisfactory to the 
Secretary that the State will require that the public health officer of 
the State, to the extent appropriate in the determination of the 
officer, carry out a program of partner notification regarding cases of 
HIV disease.

(c) Rules of construction

    An agreement made under this section may not be construed--
        (1) to require or prohibit any State from providing that 
    identifying information concerning individuals with HIV disease is 
    required to be submitted to the State; or
        (2) to require any State to establish a requirement that 
    entities other than the public health officer of the State are 
    required to make the notifications referred to in subsection (b) of 
    this section.

(July 1, 1944, ch. 373, title XXVI, Sec. 2646, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 602.)


                  Study Regarding Partner Notification

    Section 402 of Pub. L. 101-381 provided that:
    ``(a) In General.--The Secretary shall conduct a study of programs 
of HIV partner notification for the purpose of determining--
        ``(1) in the case of individuals who have been notified under 
    such programs, the percentage of such individuals who undergo 
    counseling and testing regarding HIV disease;
        ``(2) in the case of such individuals who have undergone HIV 
    testing, the number of such individuals determined through such 
    tests to have HIV disease;
        ``(3) the extent to which such programs have, in the case of 
    such individuals, resulted in behavioral changes that are effective 
    regarding the prevention of exposure to, and the transmission of, 
    HIV disease; and
        ``(4) the extent to which such programs represent a cost 
    effective use of available HIV-related resources.
    ``(b) Report.--Not later than 1 year after the date of enactment of 
this Act [Aug. 18, 1990], the Secretary of Health and Human Services 
shall complete the study required under subsection (a) and prepare and 
submit, to the appropriate committees of Congress, a report describing 
the findings made as a result of such study.''
