
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300ff-52]

 
                 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-52. Minimum qualifications of grantees


(a) In general

    The entities referred to in section 300ff-51(a) of this title are 
public entities and nonprofit private entities that are--
        (1) migrant health centers under section 254b \1\ of this title 
    or community health centers under section 254c \1\ of this title;
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    \1\ See References in Text note below.
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        (2) grantees under section 256 \1\ of this title (regarding 
    health services for the homeless);
        (3) grantees under section 300 of this title (regarding family 
    planning) other than States;
        (4) comprehensive hemophilia diagnostic and treatment centers;
        (5) Federally-qualified health centers under section 
    1905(l)(2)(B) of the Social Security Act [42 U.S.C. 1396d(l)(2)(B)]; 
    or
        (6) nonprofit private entities that provide comprehensive 
    primary care services to populations at risk of HIV disease.

(b) Status as medicaid provider

                           (1) In general

        Subject to paragraph (2), the Secretary may not make a grant 
    under section 300ff-51 of this title for the provision of services 
    described in subsection (b) of such section in a State unless, in 
    the case of any such service that is available pursuant to the State 
    plan approved under title XIX of the Social Security Act [42 U.S.C. 
    1396 et seq.] for the State--
            (A) the applicant for the grant will provide the service 
        directly, and the applicant has entered into a participation 
        agreement under the State plan and is qualified to receive 
        payments under such plan; or
            (B) the applicant for the grant will enter into an agreement 
        with a public or nonprofit private entity, or a private for-
        profit entity if such entity is the only available provider of 
        quality HIV care in the area, under which the entity will 
        provide the service, and the entity has entered into such a 
        participation agreement and is qualified to receive such 
        payments.

          (2) Waiver regarding certain secondary agreements

        (A) In the case of an entity making an agreement pursuant to 
    paragraph (1)(B) regarding the provision of services, the 
    requirement established in such paragraph regarding a participation 
    agreement shall be waived by the Secretary if the entity does not, 
    in providing health care services, impose a charge or accept 
    reimbursement available from any third-party payor, including 
    reimbursement under any insurance policy or under any Federal or 
    State health benefits program.
        (B) A determination by the Secretary of whether an entity 
    referred to in subparagraph (A) meets the criteria for a waiver 
    under such subparagraph shall be made without regard to whether the 
    entity accepts voluntary donations regarding the provision of 
    services to the public.

(July 1, 1944, ch. 373, title XXVI, Sec. 2652, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 607; amended Pub. L. 
101-557, title IV, Sec. 401(b)(3), Nov. 15, 1990, 104 Stat. 2771; Pub. 
L. 104-146, Sec. 3(d)(2), May 20, 1996, 110 Stat. 1357.)

                       References in Text

    Sections 254b and 254c of this title, referred to in subsec. (a)(1), 
were in the original references to sections 329 and 330, meaning 
sections 329 and 330 of act July 1, 1944, which were omitted in the 
general amendment of subpart I (Sec. 254b et seq.) of part D of 
subchapter II of this chapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 
110 Stat. 3626. Sections 2 and 3(a) of Pub. L. 104-299 enacted new 
sections 330 and 330A of act July 1, 1944, which are classified, 
respectively, to sections 254b and 254c of this title.
    Section 256 of this title, referred to in subsec. (a)(2), was 
repealed by Pub. L. 104-299, Sec. 4(a)(3), Oct. 11, 1996, 110 Stat. 
3645.
    The Social Security Act, referred to in subsec. (b)(1), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Social 
Security Act is classified generally to subchapter XIX (Sec. 1396 et 
seq.) of chapter 7 of this title. For complete classification of this 
Act to the Code, see section 1305 of this title and Tables.


                               Amendments

    1996--Subsec. (b)(1)(B). Pub. L. 104-146 inserted ``, or a private 
for-profit entity if such entity is the only available provider of 
quality HIV care in the area,'' after ``nonprofit private entity''.
    1990--Subsec. (a). Pub. L. 101-557 substituted ``referred to in 
section 300ff-51(a) of this title'' for ``referred to in subsection (b) 
of this section'', redesignated pars. (A) to (F) as (1) to (6), 
respectively, and substituted ``nonprofit private entities that 
provide'' for ``a nonprofit private entity that provides'' in par. (6).


                    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.


  Reference to Community, Migrant, Public Housing, or Homeless Health 
              Center Considered Reference to Health Center

    Reference to community health center, migrant health center, public 
housing health center, or homeless health center considered reference to 
health center, see section 4(c) of Pub. L. 104-299, set out as a note 
under section 254b of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 300ff-51, 300ff-64 of this 
title.
