
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300z-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
     SUBCHAPTER XVIII--ADOLESCENT FAMILY LIFE DEMONSTRATION PROJECTS
 
Sec. 300z-5. Requirements for applications


(a) Form, content, and assurances

    An application for a grant for a demonstration project for services 
under this subchapter shall be in such form and contain such information 
as the Secretary may require, and shall include--
        (1) an identification of the incidence of adolescent pregnancy 
    and related problems;
        (2) a description of the economic conditions and income levels 
    in the geographic area to be served;
        (3) a description of existing pregnancy prevention services and 
    programs of care for pregnant adolescents and adolescent parents 
    (including adoption services), and including where, how, by whom, 
    and to which population groups such services are provided, and the 
    extent to which they are coordinated in the geographic area to be 
    served;
        (4) a description of the major unmet needs for services for 
    adolescents at risk of initial or recurrent pregnancies and an 
    estimate of the number of adolescents not being served in the area;
        (5)(A) in the case of an applicant who will provide care 
    services, a description of how all core services will be provided in 
    the demonstration project using funds under this subchapter or will 
    otherwise be provided by the grantee in the area to be served, the 
    population to which such services will be provided, how such 
    services will be coordinated, integrated, and linked with other 
    related programs and services and the source or sources of funding 
    of such core services in the public and private sectors; or
        (B) in the case of an applicant who will provide prevention 
    services, a description of the necessary services to be provided and 
    how the applicant will provide such services;
        (6) a description of the manner in which adolescents needing 
    services other than the services provided directly by the applicant 
    will be identified and how access and appropriate referral to such 
    other services (such as medicaid; licensed adoption agencies; 
    maternity home services; public assistance; employment services; 
    child care services for adolescent parents; and other city, county, 
    and State programs related to adolescent pregnancy) will be 
    provided, including a description of a plan to coordinate such other 
    services with the services supported under this subchapter;
        (7) a description of the applicant's capacity to continue 
    services as Federal funds decrease and in the absence of Federal 
    assistance;
        (8) a description of the results expected from the provision of 
    services, and the procedures to be used for evaluating those 
    results;
        (9) a summary of the views of public agencies, providers of 
    services, and the general public in the geographic area to be 
    served, concerning the proposed use of funds provided for a 
    demonstration project for services under this subchapter and a 
    description of procedures used to obtain those views, and, in the 
    case of applicants who propose to coordinate services administered 
    by a State, the written comments of the appropriate State officials 
    responsible for such services;
        (10) assurances that the applicant will have an ongoing quality 
    assurance program;
        (11) assurances that, where appropriate, the applicant shall 
    have a system for maintaining the confidentiality of patient records 
    in accordance with regulations promulgated by the Secretary;
        (12) assurances that the applicant will demonstrate its 
    financial responsibility by the use of such accounting procedures 
    and other requirements as may be prescribed by the Secretary;
        (13) assurances that the applicant (A) has or will have a 
    contractual or other arrangement with the agency of the State (in 
    which the applicant provides services) that administers or 
    supervises the administration of a State plan approved under title 
    XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for the 
    payment of all or a part of the applicant's costs in providing 
    health services to persons who are eligible for medical assistance 
    under such a State plan, or (B) has made or will make every 
    reasonable effort to enter into such an arrangement;
        (14) assurances that the applicant has made or will make and 
    will continue to make every reasonable effort to collect appropriate 
    reimbursement for its costs in providing health services to persons 
    who are entitled to benefits under title V of the Social Security 
    Act [42 U.S.C. 701 et seq.], to medical assistance under a State 
    plan approved under title XIX of such Act [42 U.S.C. 1396 et seq.], 
    or to assistance for medical expenses under any other public 
    assistance program or private health insurance program;
        (15) assurances that the applicant has or will make and will 
    continue to make every reasonable effort to collect appropriate 
    reimbursement for its costs in providing services to persons 
    entitled to services under parts B and E of title IV [42 U.S.C. 620 
    et seq., 670 et seq.] and title XX of the Social Security Act [42 
    U.S.C. 1397 et seq.];
        (16)(A) a description of--
            (i) the schedule of fees to be used in the provision of 
        services, which shall comply with section 300z-3(c) of this 
        title and which shall be designed to cover all reasonable direct 
        and indirect costs incurred by the applicant in providing 
        services; and
            (ii) a corresponding schedule of discounts to be applied to 
        the payment of such fees, which shall comply with section 300z-
        3(c) of this title and which shall be adjusted on the basis of 
        the ability of the eligible person to pay;

        (B) assurances that the applicant has made and will continue to 
    make every reasonable effort--
            (i) to secure from eligible persons payment for services in 
        accordance with such schedules;
            (ii) to collect reimbursement for health or other services 
        provided to persons who are entitled to have payment made on 
        their behalf for such services under any Federal or other 
        government program or private insurance program; and
            (iii) to seek such reimbursement on the basis of the full 
        amount of fees for services without application of any discount; 
        and

        (C) assurances that the applicant has submitted or will submit 
    to the Secretary such reports as the Secretary may require to 
    determine compliance with this paragraph;
        (17) assurances that the applicant will make maximum use of 
    funds available under subchapter VIII of this chapter;
        (18) assurances that the acceptance by any individual of family 
    planning services or family planning information (including 
    educational materials) provided through financial assistance under 
    this subchapter shall be voluntary and shall not be a prerequisite 
    to eligibility for or receipt of any other service furnished by the 
    applicant;
        (19) assurances that fees collected by the applicant for 
    services rendered in accordance with this subchapter shall be used 
    by the applicant to further the purposes of this subchapter;
        (20) assurances that the applicant, if providing both prevention 
    and care services will not exclude or discriminate against any 
    adolescent who receives prevention services and subsequently 
    requires care services as a pregnant adolescent;
        (21) a description of how the applicant will, as appropriate in 
    the provision of services--
            (A) involve families of adolescents in a manner which will 
        maximize the role of the family in the solution of problems 
        relating to the parenthood or pregnancy of the adolescent;
            (B) involve religious and charitable organizations, 
        voluntary associations, and other groups in the private sector 
        as well as services provided by publicly sponsored initiatives;

        (22)(A) assurances that--
            (i) except as provided in subparagraph (B) and subject to 
        clause (ii), the applicant will notify the parents or guardians 
        of any unemancipated minor requesting services from the 
        applicant and, except as provided in subparagraph (C), will 
        obtain the permission of such parents or guardians with respect 
        to the provision of such services; and
            (ii) in the case of a pregnant unemancipated minor 
        requesting services from the applicant, the applicant will 
        notify the parents or guardians of such minor under clause (i) 
        within a reasonable period of time;

        (B) assurances that the applicant will not notify or request the 
    permission of the parents or guardian of any unemancipated minor 
    without the consent of the minor--
            (i) who solely is requesting from the applicant pregnancy 
        testing or testing or treatment for venereal disease;
            (ii) who is the victim of incest involving a parent; or
            (iii) if an adult sibling of the minor or an adult aunt, 
        uncle, or grandparent who is related to the minor by blood 
        certifies to the grantee that notification of the parents or 
        guardians of such minor would result in physical injury to such 
        minor; and

        (C) assurances that the applicant will not require, with respect 
    to the provision of services, the permission of the parents or 
    guardians of any pregnant unemancipated minor if such parents or 
    guardians are attempting to compel such minor to have an abortion;
        (23) assurances that primary emphasis for services supported 
    under this subchapter shall be given to adolescents seventeen and 
    under who are not able to obtain needed assistance through other 
    means;
        (24) assurances that funds received under this subchapter shall 
    supplement and not supplant funds received from any other Federal, 
    State, or local program or any private sources of funds; and
        (25) a plan for the conduct of, and assurances that the 
    applicant will conduct, evaluations of the effectiveness of the 
    services supported under this subchapter in accordance with 
    subsection (b) of this section.

(b) Evaluations: amount, conduct, and technical assistance

    (1) Each grantee which receives funds for a demonstration project 
for services under this subchapter shall expend at least 1 per centum 
but not in excess of 5 per centum of the amounts received under this 
subchapter for the conduct of evaluations of the services supported 
under this subchapter. The Secretary may, for a particular grantee upon 
good cause shown, waive the provisions of the preceding sentence with 
respect to the amounts to be expended on evaluations, but may not waive 
the requirement that such evaluations be conducted.
    (2) Evaluations required by paragraph (1) shall be conducted by an 
organization or entity which is independent of the grantee providing 
services supported under this subchapter. To assist in conducting the 
evaluations required by paragraph (1), each grantee shall develop a 
working relationship with a college or university located in the 
grantee's State which will provide or assist in providing monitoring and 
evaluation of services supported under this subchapter unless no college 
or university in the grantee's State is willing or has the capacity to 
provide or assist in providing such monitoring and assistance.
    (3) The Secretary may provide technical assistance with respect to 
the conduct of evaluations required under this subsection to any grantee 
which is unable to develop a working relationship with a college or 
university in the applicant's State for the reasons described in 
paragraph (2).

(c) Reports

    Each grantee which receives funds for a demonstration project for 
services under this subchapter shall make such reports concerning its 
use of Federal funds as the Secretary may require. Reports shall 
include, at such times as are considered appropriate by the Secretary, 
the results of the evaluations of the services supported under this 
subchapter.

(d) Notification of parents; ``adult'' defined

    (1) A grantee shall periodically notify the Secretary of the exact 
number of instances in which a grantee does not notify the parents or 
guardians of a pregnant unemancipated minor under subsection 
(a)(22)(B)(iii) of this section.
    (2) For purposes of subsection (a)(22)(B)(iii) of this section, the 
term ``adult'' means an adult as defined by State law.

(e) Submission of applications to Governor; comments by Governor

    Each applicant shall provide the Governor of the State in which the 
applicant is located a copy of each application submitted to the 
Secretary for a grant for a demonstration project for services under 
this subchapter. The Governor shall submit to the applicant comments on 
any such application within the period of sixty days beginning on the 
day when the Governor receives such copy. The applicant shall include 
the comments of the Governor with such application.

(f) Availability of core services

    No application submitted for a grant for a demonstration project for 
care services under this subchapter may be approved unless the Secretary 
is satisfied that core services shall be available through the applicant 
within a reasonable time after such grant is received.

(July 1, 1944, ch. 373, title XX, Sec. 2006, as added Pub. L. 97-35, 
title IX, Sec. 955(a), Aug. 13, 1981, 95 Stat. 585.)

                       References in Text

    The Social Security Act, referred to in subsec. (a)(13) to (15), is 
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Parts B and E of 
title IV of the Social Security Act are classified generally to part B 
(Sec. 620 et seq.) and part E (Sec. 670 et seq.) of subchapter IV of 
chapter 7 of this title. Titles V, XIX, and XX of the Social Security 
Act are classified generally to subchapters V (Sec. 701 et seq.), XIX 
(Sec. 1396 et seq.), and XX (Sec. 1397 et seq.), respectively, of 
chapter 7 of this title. For complete classification of this Act to the 
Code, see section 1305 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 300z-1, 300z-2, 300z-3 of 
this title.
