
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(b)(1)]
[CITE: 42USC300ff-51]

 
                 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 ii--categorical grants
 
Sec. 300ff-51. Establishment of program


(a) In general

    For the purposes described in subsection (b) of this section, the 
Secretary, acting through the Administrator of the Health Resources and 
Services Administration, may make grants to public and nonprofit private 
entities specified in section 300ff-52(a) 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 applicant for the grant 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, and unless the applicant agrees to expend 
    not less than 50 percent of the grant for such services that are 
    specified in subparagraphs (B) through (E) of such paragraph for 
    individuals with 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 regarding HIV 
        disease, and periodic medical evaluations of individuals with 
        the disease;
            (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 a pregnant woman.

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

        (A) In general

            The Secretary may not make a grant under subsection (a) of 
        this section unless the applicant for the grant agrees that each 
        of the early intervention services specified in paragraph (2) 
        will be available through the grantee. With respect to 
        compliance with such agreement, such a grantee 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, or private for-profit entities if 
        such entities are the only available provider of quality HIV 
        care in the area, under which the entities provide the services.

        (B) Other requirements

            Grantees described in--
                (i) paragraphs (1), (2), (5), and (6) of section 300ff-
            52(a) of this title shall use not less than 50 percent of 
            the amount of such a grant to provide the services described 
            in subparagraphs (A), (B), (D), and (E) of paragraph (2) 
            directly and on-site or at sites where other primary care 
            services are rendered; and
                (ii) paragraphs (3) and (4) of section 300ff-52(a) of 
            this title shall ensure the availability of early 
            intervention services through a system of linkages to 
            community-based primary care providers, and to establish 
            mechanisms for the referrals described in paragraph (2)(C), 
            and for follow-up concerning such referrals.

                        (5) Optional services

        A grantee under subsection (a) of this section--
            (A) 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
            (B) 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.

(c) Participation in certain consortium

    The Secretary may not make a grant under subsection (a) of this 
section unless the applicant for the grant agrees to make reasonable 
efforts to participate in a consortium established with a grant under 
section 300ff-22(a)(1) \1\ of this title regarding comprehensive 
services to individuals with HIV disease, if such a consortium exists in 
the geographic area with respect to which the applicant is applying to 
receive such a grant.
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    \1\ See References in Text note below.
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(July 1, 1944, ch. 373, title XXVI, Sec. 2651, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 606; amended Pub. L. 
101-557, title IV, Sec. 401(b)(2), Nov. 15, 1990, 104 Stat. 2771; Pub. 
L. 104-146, Secs. 3(d)(1), 12(c)(7), May 20, 1996, 110 Stat. 1357, 
1374.)

                       References in Text

    Section 300ff-22 of this title, referred to in subsec. (c), was 
amended by Pub. L. 104-146, Sec. 3(c)(2)(A)(i), May 20, 1996, 110 Stat. 
1354, and, as so amended, no longer contains a subsec. (a).


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-146, Sec. 3(d)(1)(A), inserted 
before period ``, and unless the applicant agrees to expend not less 
than 50 percent of the grant for such services that are specified in 
subparagraphs (B) through (E) of such paragraph for individuals with HIV 
disease''.
    Subsec. (b)(3)(B). Pub. L. 104-146, Sec. 12(c)(7)(A), substituted 
``facilities'' for ``facility''.
    Subsec. (b)(4). Pub. L. 104-146, Sec. 3(d)(1)(B), designated 
existing provisions as subpar. (A) and inserted heading, inserted ``, or 
private for-profit entities if such entities are the only available 
provider of quality HIV care in the area,'' after ``nonprofit private 
entities'', realigned margin, and added subpar. (B).
    Subsec. (c). Pub. L. 104-146, Sec. 12(c)(7)(B), substituted 
``exists'' for ``exist''.
    1990--Subsec. (a). Pub. L. 101-557 substituted ``section 300ff-
52(a)'' for ``section 300ff-52(a)(1)''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-146 effective Oct. 1, 1996, see section 13 
of Pub. L. 104-146, set out as a note under section 300ff-11 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 300ff-49, 300ff-52, 300ff-
53, 300ff-54, 300ff-55, 300ff-61 of this title.
