
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)(3)]
[Document affected by Public Law 106-345 Section 322]
[CITE: 42USC300ff-64]

 
                 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 iii--general provisions
 
Sec. 300ff-64. Additional required agreements


(a) Reports to Secretary

    The Secretary may not make a grant under this part unless--
        (1) the applicant submits to the Secretary--
            (A) a specification of the expenditures made by the 
        applicant for early intervention services for the fiscal year 
        preceding the fiscal year for which the applicant is applying to 
        receive the grant; and
            (B) an estimate of the number of individuals to whom the 
        applicant has provided such services for such fiscal year; and

        (2) the applicant agrees to submit to the Secretary a report 
    providing--
            (A) the number of individuals to whom the applicant provides 
        early intervention services pursuant to the grant;
            (B) epidemiological and demographic data on the population 
        of such individuals;
            (C) the extent to which the costs of HIV-related health care 
        for such individuals are paid by third-party payors;
            (D) the average costs of providing each category of early 
        intervention service; and
            (E) the aggregate amounts expended for each such category.

(b) Provision of opportunities for anonymous counseling and testing

    The Secretary may not make a grant under this part unless the 
applicant for the grant agrees that, to the extent permitted under State 
law, regulation or rule, the applicant will offer substantial 
opportunities for an individual--
        (1) to undergo counseling and testing regarding HIV disease 
    without being required to provide any information relating to the 
    identity of the individual; and
        (2) to undergo such counseling and testing through the use of a 
    pseudonym.

(c) Prohibition against requiring testing as condition of receiving 
        other health services

    The Secretary may not make a grant under this part unless the 
applicant for the grant agrees that, with respect to an individual 
seeking health services from the applicant, the applicant will not 
require the individual to undergo testing for HIV as a condition of 
receiving any health services unless such testing is medically indicated 
in the provision of the health services sought by the individual.

(d) Maintenance of support

    The Secretary may not make a grant under this part unless the 
applicant for the grant agrees to maintain the expenditures of the 
applicant for early intervention services at a level equal to not less 
than the level of such expenditures maintained by the State for the 
fiscal year preceding the fiscal year for which the applicant is 
applying to receive the grant.

(e) Requirements regarding imposition of charges for services

                           (1) In general

        The Secretary may not make a grant under this part unless, 
    subject to paragraph (5), the applicant for the grant agrees that--
            (A) in the case of individuals with an income less than or 
        equal to 100 percent of the official poverty line, the applicant 
        will not impose a charge on any such individual for the 
        provision of early intervention services under the grant;
            (B) in the case of individuals with an income greater than 
        100 percent of the official poverty line, the applicant--
                (i) will impose a charge on each such individual for the 
            provision of such services; and
                (ii) will impose the charge according to a schedule of 
            charges that is made available to the public.

     (2) Limitation on charges regarding individuals subject to 
                                   charges

        With respect to the imposition of a charge for purposes of 
    paragraph (1)(B)(ii), the Secretary may not make a grant under this 
    part unless, subject to paragraph (5), the applicant for the grant 
    agrees that--
            (A) in the case of individuals with an income greater than 
        100 percent of the official poverty line and not exceeding 200 
        percent of such poverty line, the applicant will not, for any 
        calendar year, impose charges in an amount exceeding 5 percent 
        of the annual gross income of the individual involved;
            (B) in the case of individuals with an income greater than 
        200 percent of the official poverty line and not exceeding 300 
        percent of such poverty line, the applicant will not, for any 
        calendar year, impose charges in an amount exceeding 7 percent 
        of the annual gross income of the individual involved; and
            (C) in the case of individuals with an income greater than 
        300 percent of the official poverty line, the applicant will 
        not, for any calendar year, impose charges in an amount 
        exceeding 10 percent of the annual gross income of the 
        individual involved.

                      (3) Assessment of charge

        With respect to compliance with the agreement made under 
    paragraph (1), a grantee under this part may, in the case of 
    individuals subject to a charge for purposes of such paragraph--
            (A) assess the amount of the charge in the discretion of the 
        grantee, including imposing only a nominal charge for the 
        provision of services, subject to the provisions of such 
        paragraph regarding public schedules and of paragraph (2) 
        regarding limitations on the maximum amount of charges; and
            (B) take into consideration the medical expenses of 
        individuals in assessing the amount of the charge, subject to 
        such provisions.

         (4) Applicability of limitation on amount of charge

        The Secretary may not make a grant under this part unless the 
    applicant for the grant agrees that the limitations established in 
    paragraph (2) regarding the imposition of charges for services 
    applies to the annual aggregate of charges imposed for such 
    services, without regard to whether they are characterized as 
    enrollment fees, premiums, deductibles, cost sharing, copayments, 
    coinsurance, or similar charges.

          (5) Waiver regarding certain secondary agreements

        The requirement established in paragraph (1)(B)(i) shall be 
    waived by the Secretary in the case of any entity for whom the 
    Secretary has granted a waiver under section 300ff-42(b) or 300ff-
    52(b)(2) of this title.

(f) Relationship to items and services under other programs

                           (1) In general

        The Secretary may not make a grant under this part unless the 
    applicant for the grant agrees that, subject to paragraph (2), the 
    grant will not be expended by the applicant, or by any entity 
    receiving amounts from the applicant for the provision of early 
    intervention services, to make payment for any such service to the 
    extent that payment has been made, or can reasonably be expected to 
    be made, with respect to such service--
            (A) under any State compensation program, under an insurance 
        policy, or under any Federal or State health benefits program; 
        or
            (B) by an entity that provides health services on a prepaid 
        basis.

       (2) Applicability to certain secondary agreements for 
                            provision of services

        An agreement made under paragraph (1) shall not apply in the 
    case of an entity through which a grantee under this part provides 
    early intervention services if the Secretary has provided a waiver 
    under section 300ff-42(b) or 300ff-52(b)(2) of this title regarding 
    the entity.

(g) Administration of grant

    The Secretary may not make a grant under this part unless the 
applicant for the grant agrees that--
        (1) the applicant will not expend amounts received pursuant to 
    this part for any purpose other than the purposes described in the 
    subpart under which the grant involved is made;
        (2) the applicant will establish such procedures for fiscal 
    control and fund accounting as may be necessary to ensure proper 
    disbursement and accounting with respect to the grant;
        (3) the applicant will not expend more than 7.5 percent 
    including planning and evaluation of the grant for administrative 
    expenses with respect to the grant; and
        (4) the applicant will submit evidence that the proposed program 
    is consistent with the statewide coordinated statement of need and 
    agree to participate in the ongoing revision of such statement of 
    need.

(h) Construction

    A State may not use amounts received under a grant awarded under 
section 300ff-41 of this title to purchase or improve land, or to 
purchase, construct, or permanently improve (other than minor 
remodeling) any building or other facility, or to make cash payments to 
intended recipients of services.

(July 1, 1944, ch. 373, title XXVI, Sec. 2664, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 611; amended Pub. L. 
104-146, Sec. 3(d)(5), May 20, 1996, 110 Stat. 1358.)


                               Amendments

    1996--Subsec. (g)(3). Pub. L. 104-146, Sec. 3(d)(5)(B)(i), 
substituted ``7.5 percent including planning and evaluation'' for ``5 
percent''.
    Subsec. (g)(4). Pub. L. 104-146, Sec. 3(d)(5)(A), (B)(ii), (C), 
added par. (4).


                    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-48, 300ff-61, 300ff-
62, 300ff-65 of this title.
