subpart i—general grant provisions
Editorial Notes
Codification
§300ff–21. Grants
The Secretary shall, subject to the availability of appropriations, make grants to States to enable such States to improve the quality, availability and organization of health care and support services for individuals and families with HIV/AIDS. The authority of the Secretary to provide grants under this section is subject to section 300ff–34(e)(2) 1 of this title (relating to the decrease in perinatal transmission of HIV/AIDS).
(July 1, 1944, ch. 373, title XXVI, §2611, as added
Editorial Notes
References in Text
Prior Provisions
A prior section 2611 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see
Amendments
2009—
2006—
2000—Subsec. (b).
1996—
Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
Effective Date of 1996 Amendment
Amendment by
1 See References in Text note below.
§300ff–22. General use of grants
(a) In general
A State may use amounts provided under grants made under
(1) core medical services described in subsection (b);
(2) support services described in subsection (c); and
(3) administrative expenses described in
(b) Required funding for core medical services
(1) In general
With respect to a grant under
(2) Waiver
(A) In general
The Secretary shall waive the application of paragraph (1) with respect to a State for a grant year if the Secretary determines that, within the State—
(i) there are no waiting lists for AIDS Drug Assistance Program services under
(ii) core medical services are available to all individuals with HIV/AIDS identified and eligible under this subchapter.
(B) Notification of waiver status
When informing a State that a grant under
(3) Core medical services
For purposes of this subsection, the term "core medical services", with respect to an individual infected with HIV/AIDS (including the co-occurring conditions of the individual) means the following services:
(A) Outpatient and ambulatory health services.
(B) AIDS Drug Assistance Program treatments in accordance with
(C) AIDS pharmaceutical assistance.
(D) Oral health care.
(E) Early intervention services described in subsection (d).
(F) Health insurance premium and cost sharing assistance for low-income individuals in accordance with
(G) Home health care.
(H) Medical nutrition therapy.
(I) Hospice services.
(J) Home and community-based health services as defined under
(K) Mental health services.
(L) Substance abuse outpatient care.
(M) Medical case management, including treatment adherence services.
(c) Support services
(1) In general
For purposes of this subsection, the term "support services" means services, subject to the approval of the Secretary, that are needed for individuals with HIV/AIDS to achieve their medical outcomes (such as respite care for persons caring for individuals with HIV/AIDS, outreach services, medical transportation, linguistic services, and referrals for health care and support services).
(2) Definition of medical outcomes
In this subsection, the term "medical outcomes" means those outcomes affecting the HIV-related clinical status of an individual with HIV/AIDS.
(d) Early intervention services
(1) In general
For purposes of this section, the term "early intervention services" means HIV/AIDS early intervention services described in
(2) Conditions
With respect to an entity that proposes to provide early intervention services under paragraph (1), such paragraph shall apply only if the entity demonstrates to the satisfaction of the chief elected official for the State involved that—
(A) Federal, State, or local funds are otherwise inadequate for the early intervention services the entity proposes to provide; and
(B) the entity will expend funds pursuant to such subparagraph to supplement and not supplant other funds available to the entity for the provision of early intervention services for the fiscal year involved.
(e) Priority for women, infants, children, and youth
(1) In general
For the purpose of providing health and support services to infants, children, youth, and women with HIV/AIDS, including treatment measures to prevent the perinatal transmission of HIV, a State shall for each of such populations in the eligible area use, from the grants made for the area under
(2) Waiver
With respect to the population involved, the Secretary may provide to a State a waiver of the requirement of paragraph (1) if such State demonstrates to the satisfaction of the Secretary that the population is receiving HIV-related health services through the State medicaid program under title XIX of the Social Security Act [
(f) Construction
A State may not use amounts received under a grant awarded under
(July 1, 1944, ch. 373, title XXVI, §2612, as added
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (e)(2), is act Aug. 14, 1935, ch. 531,
Codification
Another section 3(c)(2) of
Prior Provisions
A prior section 2612 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see
Amendments
2009—
2006—
2000—
Subsec. (a)(1).
Subsec. (b) to (d).
1996—
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
Effective Date of 1996 Amendment
Amendment by
§300ff–23. Grants to establish HIV care consortia
(a) Consortia
A State may, subject to subsection (f), use amounts provided under a grant awarded under
(1) is an association of one or more public, and one or more nonprofit private,1 (or private for-profit providers or organizations if such entities are the only available providers of quality HIV care in the area) 1 health care and support service providers and community based organizations operating within areas determined by the State to be most affected by HIV/AIDS; and
(2) agrees to use such assistance for the planning, development and delivery, through the direct provision of services or through entering into agreements with other entities for the provision of such services, of comprehensive outpatient health and support services for individuals with HIV/AIDS, that may include—
(A) essential health services such as case management services, medical, nursing, substance abuse treatment, mental health treatment, and dental care, diagnostics, monitoring, prophylactic treatment for opportunistic infections, treatment education to take place in the context of health care delivery, and medical follow-up services, mental health, developmental, and rehabilitation services, home health and hospice care; and
(B) essential support services such as transportation services, attendant care, homemaker services, day or respite care, benefits advocacy, advocacy services provided through public and nonprofit private entities, and services that are incidental to the provision of health care services for individuals with HIV/AIDS including nutrition services, housing referral services, and child welfare and family services (including foster care and adoption services).
An entity or entities of the type described in this subsection shall hereinafter be referred to in this subchapter as a "consortium" or "consortia".
(b) Assurances
(1) Requirement
To receive assistance from a State under subsection (a), an applicant consortium shall provide the State with assurances that—
(A) within any locality in which such consortium is to operate, the populations and subpopulations of individuals and families with HIV/AIDS have been identified by the consortium, particularly those experiencing disparities in access and services and those who reside in historically underserved communities;
(B) the service plan established under subsection (c)(2) by such consortium is consistent with the comprehensive plan under
(C) except as provided in paragraph (2), the consortium will be a single coordinating entity that will integrate the delivery of services among the populations and subpopulations identified under subparagraph (A).
(2) Exception
Subparagraph (C) of paragraph (1) shall not apply to any applicant consortium that the State determines will operate in a community or locality in which it has been demonstrated by the applicant consortium that—
(A) subpopulations exist within the community to be served that have unique service requirements; and
(B) such unique service requirements cannot be adequately and efficiently addressed by a single consortium serving the entire community or locality.
(c) Application
(1) In general
To receive assistance from the State under subsection (a), a consortium shall prepare and submit to the State, an application that—
(A) demonstrates that the consortium includes agencies and community-based organizations—
(i) with a record of service to populations and subpopulations with HIV/AIDS requiring care within the community to be served; and
(ii) that are representative of populations and subpopulations reflecting the local incidence of HIV and that are located in areas in which such populations reside;
(B) demonstrates that the consortium has carried out an assessment of service needs within the geographic area to be served and, after consultation with the entities described in paragraph (2), has established a plan to ensure the delivery of services to meet such identified needs that shall include—
(i) assurances that service needs will be addressed through the coordination and expansion of existing programs before new programs are created;
(ii) assurances that, in metropolitan areas, the geographic area to be served by the consortium corresponds to the geographic boundaries of local health and support services delivery systems to the extent practicable;
(iii) assurances that, in the case of services for individuals residing in rural areas, the applicant consortium shall deliver case management services that link available community support services to appropriate specialized medical services; and
(iv) assurances that the assessment of service needs and the planning of the delivery of services will include participation by individuals with HIV/AIDS;
(C) demonstrates that adequate planning has occurred to meet the special needs of families with HIV/AIDS, including family centered and youth centered care;
(D) demonstrates that the consortium has created a mechanism to evaluate periodically—
(i) the success of the consortium in responding to identified needs; and
(ii) the cost-effectiveness of the mechanisms employed by the consortium to deliver comprehensive care;
(E) demonstrates that the consortium will report to the State the results of the evaluations described in subparagraph (D) and shall make available to the State or the Secretary, on request, such data and information on the program methodology that may be required to perform an independent evaluation; and
(F) demonstrates that adequate planning occurred to address disparities in access and services and historically underserved communities.
(2) Consultation
In establishing the plan required under paragraph (1)(B), the consortium shall consult with—
(A)(i) the public health agency that provides or supports ambulatory and outpatient HIV-related health care services within the geographic area to be served; or
(ii) in the case of a public health agency that does not directly provide such HIV-related health care services such agency shall consult with an entity or entities that directly provide ambulatory and outpatient HIV-related health care services within the geographic area to be served;
(B) not less than one community-based organization that is organized solely for the purpose of providing HIV-related support services to individuals with HIV/AIDS;
(C) grantees under
(D) the types of entities described in
The organization to be consulted under subparagraph (B) shall be at the discretion of the applicant consortium.
(d) "Family centered care" defined
As used in
(e) Priority
In providing assistance under subsection (a), the State shall, among applicants that meet the requirements of this section, give priority—
(1) first to consortia that are receiving assistance from the Health Resources and Services Administration for adult and pediatric HIV-related care demonstration projects; and then
(2) to any other existing HIV care consortia.
(f) Allocation of funds; treatment as support services
For purposes of the requirement of
(July 1, 1944, ch. 373, title XXVI, §2613, as added
Editorial Notes
Codification
Another section 3(c)(2) of
Prior Provisions
A prior section 2613 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see
Amendments
2009—
2006—
Subsec. (a).
Subsec. (d).
Subsec. (f).
2000—Subsec. (b)(1)(A).
Subsec. (b)(1)(B).
Subsec. (c)(1)(F).
Subsec. (c)(2)(D).
1996—Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (c)(1)(C).
Subsec. (c)(2)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
Effective Date of 1996 Amendment
Amendment by
1 So in original. The comma probably should follow parenthetical phrase.
§300ff–24. Grants for home- and community-based care
(a) Uses
A State may use amounts provided under a grant awarded under
(1) provide home- and community-based health services for individuals with HIV/AIDS pursuant to written plans of care prepared by a case management team, that shall include appropriate health care professionals, in such State for providing such services to such individuals;
(2) provide outreach services to individuals with HIV/AIDS, including those individuals in rural areas; and
(3) provide for the coordination of the provision of services under this section with the provision of HIV-related health services, including specialty care and vaccinations for hepatitis co-infection, provided by public and private entities.
(b) Priority
In awarding grants under subsection (a), a State shall give priority to entities that provide assurances to the State that—
(1) such entities will participate in HIV care consortia if such consortia exist within the State; and
(2) such entities will utilize amounts provided under such grants for the provision of home- and community-based services to low-income individuals with HIV/AIDS.
(c) "Home- and community-based health services" defined
As used in
(1) means, with respect to an individual with HIV/AIDS, skilled health services furnished to the individual in the individual's home pursuant to a written plan of care established by a case management team, that shall include appropriate health care professionals, for the provision of such services and items described in paragraph (2);
(2) includes—
(A) durable medical equipment;
(B) home health aide services and personal care services furnished in the home of the individual;
(C) day treatment or other partial hospitalization services;
(D) home intravenous and aerosolized drug therapy (including prescription drugs administered as part of such therapy);
(E) routine diagnostic testing administered in the home of the individual; and
(F) appropriate mental health, developmental, and rehabilitation services; and
(3) does not include—
(A) inpatient hospital services; and
(B) nursing home and other long term care facilities.
(July 1, 1944, ch. 373, title XXVI, §2614, as added
Editorial Notes
Prior Provisions
A prior section 2614 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see
Amendments
2009—
2006—
Subsec. (a).
Subsec. (a)(3).
Subsec. (c).
Subsec. (c)(2)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
§300ff–25. Continuum of health insurance coverage
(a) In general
A State may use amounts received under a grant awarded under
(1) maintaining a continuity of health insurance; or
(2) receiving medical benefits under a health insurance program, including risk-pools.
(b) Limitations
Assistance shall not be utilized under subsection (a)—
(1) to pay any costs associated with the creation, capitalization, or administration of a liability risk pool (other than those costs paid on behalf of individuals as part of premium contributions to existing liability risk pools); and
(2) to pay any amount expended by a State under title XIX of the Social Security Act [
(July 1, 1944, ch. 373, title XXVI, §2615, as added
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531,
Amendments
2009—
2006—
Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
§300ff–26. Provision of treatments
(a) In general
A State shall use a portion of the amounts provided under a grant awarded under
(b) Eligible individual
To be eligible to receive assistance from a State under this section an individual shall—
(1) have a medical diagnosis of HIV/AIDS; and
(2) be a low-income individual, as defined by the State.
(c) State duties
In carrying out this section the State shall—
(1) ensure that the therapeutics included on the list of classes of core antiretroviral therapeutics established by the Secretary under subsection (e) are, at a minimum, the treatments provided by the State pursuant to this section;
(2) provide assistance for the purchase of treatments determined to be eligible under paragraph (1), and the provision of such ancillary devices that are essential to administer such treatments;
(3) provide outreach to individuals with HIV/AIDS, and as appropriate to the families of such individuals;
(4) facilitate access to treatments for such individuals;
(5) document the progress made in making therapeutics described in subsection (a) available to individuals eligible for assistance under this section; and
(6) encourage, support, and enhance adherence to and compliance with treatment regimens, including related medical monitoring.
Of the amount reserved by a State for a fiscal year for use under this section, the State may not use more than 5 percent to carry out services under paragraph (6), except that the percentage applicable with respect to such paragraph is 10 percent if the State demonstrates to the Secretary that such additional services are essential and in no way diminish access to the therapeutics described in subsection (a).
(d) Duties of Secretary
In carrying out this section, the Secretary shall review the current status of State drug reimbursement programs established under section 300ff–22(2) 1 of this title and assess barriers to the expanded availability of the treatments described in subsection (a). The Secretary shall also examine the extent to which States coordinate with other grantees under this subchapter to reduce barriers to the expanded availability of the treatments described in subsection (a).
(e) List of classes of core antiretroviral therapeutics
For purposes of subsection (c)(1), the Secretary shall develop and maintain a list of classes of core antiretroviral therapeutics, which list shall be based on the therapeutics included in the guidelines of the Secretary known as the Clinical Practice Guidelines for Use of HIV/AIDS Drugs, relating to drugs needed to manage symptoms associated with HIV. The preceding sentence does not affect the authority of the Secretary to modify such Guidelines.
(f) Use of health insurance and plans
(1) In general
In carrying out subsection (a), a State may expend a grant under
(2) Limitation
The authority established in paragraph (1) applies only to the extent that, for the fiscal year involved, the costs of the health insurance or plans to be purchased or maintained under such paragraph do not exceed the costs of otherwise providing therapeutics described in subsection (a).
(g) Drug rebate program
A State shall ensure that any drug rebates received on drugs purchased from funds provided pursuant to this section are applied to activities supported under this subpart, with priority given to activities described under this section.
(July 1, 1944, ch. 373, title XXVI, §2616, as added
Editorial Notes
References in Text
Amendments
2009—
2006—
Subsec. (a).
Subsec. (b)(1).
Subsec. (c)(1).
Subsec. (c)(3).
Subsec. (e).
Subsec. (f).
Subsec. (f)(1).
Subsec. (g).
2000—Subsec. (c).
Subsec. (e).
1996—Subsec. (a).
Subsec. (c)(5).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
Effective Date of 1996 Amendment
Amendment by
1 See References in Text note below.
§300ff–27. State application
(a) In general
The Secretary shall not make a grant to a State under
(b) Description of intended uses and agreements
The application submitted under subsection (a) shall contain—
(1) a detailed description of the HIV-related services provided in the State to individuals and families with HIV/AIDS during the year preceding the year for which the grant is requested, and the number of individuals and families receiving such services, that shall include—
(A) a description of the types of programs operated or funded by the State for the provision of HIV-related services during the year preceding the year for which the grant is requested and the methods utilized by the State to finance such programs;
(B) an accounting of the amount of funds that the State has expended for such services and programs during the year preceding the year for which the grant is requested; and
(C) information concerning—
(i) the number of individuals to be served with assistance provided under the grant;
(ii) demographic data on the population of the individuals to be served;
(iii) the average cost of providing each category of HIV-related health services and the extent to which such cost is paid by third-party payors; and
(iv) the aggregate amounts expended for each such category of services;
(2) a determination of the size and demographics of the population of individuals with HIV/AIDS in the State;
(3) a determination of the needs of such population, with particular attention to—
(A) individuals with HIV/AIDS who know their HIV status and are not receiving HIV-related services; and
(B) disparities in access and services among affected subpopulations and historically underserved communities;
(4) the designation of a lead State agency that shall—
(A) administer all assistance received under this part;
(B) conduct the needs assessment and prepare the State plan under paragraph (3);
(C) prepare all applications for assistance under this part;
(D) receive notices with respect to programs under this subchapter;
(E) every 2 years, collect and submit to the Secretary all audits, consistent with Office of Management and Budget circular A133, from grantees within the State, including audits regarding funds expended in accordance with this part; and
(F) carry out any other duties determined appropriate by the Secretary to facilitate the coordination of programs under this subchapter.1
(5) a comprehensive plan that describes the organization and delivery of HIV health care and support services to be funded with assistance received under
(A) establishes priorities for the allocation of funds within the State based on—
(i) size and demographics of the population of individuals with HIV/AIDS (as determined under paragraph (2)) and the needs of such population (as determined under paragraph (3));
(ii) availability of other governmental and non-governmental resources, including the State medicaid plan under title XIX of the Social Security Act [
(iii) capacity development needs resulting from disparities in the availability of HIV-related services in historically underserved communities and rural communities; and
(iv) the efficiency of the administrative mechanism of the State for rapidly allocating funds to the areas of greatest need within the State;
(B) includes a strategy for identifying individuals who know their HIV status and are not receiving such services and for informing the individuals of and enabling the individuals to utilize the services, giving particular attention to eliminating disparities in access and services among affected subpopulations and historically underserved communities, and including discrete goals, a timetable, and an appropriate allocation of funds;
(C) includes a strategy to coordinate the provision of such services with programs for HIV prevention (including outreach and early intervention) and for the prevention and treatment of substance abuse (including programs that provide comprehensive treatment services for such abuse);
(D) describes the services and activities to be provided and an explanation of the manner in which the elements of the program to be implemented by the State with such assistance will maximize the quality of health and support services available to individuals with HIV/AIDS throughout the State;
(E) provides a description of the manner in which services funded with assistance provided under
(F) provides a description of how the allocation and utilization of resources are consistent with the statewide coordinated statement of need (including traditionally underserved populations and subpopulations) developed in partnership with other grantees in the State that receive funding under this subchapter; and
(G) includes key outcomes to be measured by all entities in the State receiving assistance under this subchapter; and 2
(6) an assurance that the public health agency administering the grant for the State will periodically convene a meeting of individuals with HIV/AIDS, members of a Federally recognized Indian tribe as represented in the State, representatives of grantees under each part under this subchapter, providers, and public agency representatives for the purpose of developing a statewide coordinated statement of need;
(7) an assurance by the State that—
(A) the public health agency that is administering the grant for the State engages in a public advisory planning process, including public hearings, that includes the participants under paragraph (6), and the types of entities described in
(B) the State will—
(i) to the maximum extent practicable, ensure that HIV-related health care and support services delivered pursuant to a program established with assistance provided under
(ii) ensure that such services will be provided in a setting that is accessible to low-income individuals with HIV/AIDS;
(iii) provide outreach to low-income individuals with HIV/AIDS to inform such individuals of the services available under
(iv) in the case of a State that intends to use amounts provided under the grant for purposes described in
(I) such amounts will be targeted to individuals who would not otherwise be able to afford health insurance coverage; and
(II) income, asset, and medical expense criteria will be established and applied by the State to identify those individuals who qualify for assistance under such program, and information concerning such criteria shall be made available to the public;
(C) the State will provide for periodic independent peer review to assess the quality and appropriateness of health and support services provided by entities that receive funds from the State under
(D) the State will permit and cooperate with any Federal investigations undertaken regarding programs conducted under
(E) the State will maintain HIV-related activities at a level that is equal to not less than the level of such expenditures by the State for the 1-year period preceding the fiscal year for which the State is applying to receive a grant under
(F) the State will ensure that grant funds are not utilized to make payments for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service—
(i) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or
(ii) by an entity that provides health services on a prepaid basis (except for a program administered by or providing the services of the Indian Health Service); and
(G) entities within areas in which activities under the grant are carried out will maintain appropriate relationships with entities in the area served that constitute key points of access to the health care system for individuals with HIV/AIDS (including emergency rooms, substance abuse treatment programs, detoxification centers, adult and juvenile detention facilities, sexually transmitted disease clinics, HIV counseling and testing sites, mental health programs, and homeless shelters), and other entities under section 3 300ff–22(c) and 300ff–52(a) of this title, for the purpose of facilitating early intervention for individuals newly diagnosed with HIV/AIDS and individuals knowledgeable of their HIV status but not in care; and
(8) a comprehensive plan—
(A) containing an identification of individuals with HIV/AIDS as described in clauses (i) through (iii) of
(B) describing the estimated number of individuals within the State with HIV/AIDS who do not know their status;
(C) describing activities undertaken by the State to find the individuals described in subparagraph (A) and to make such individuals aware of their status;
(D) describing the manner in which the State will provide undiagnosed individuals who are made aware of their status with access to medical treatment for their HIV/AIDS; and
(E) describing efforts to remove legal barriers, including State laws and regulations, to routine testing.
(c) Requirements regarding imposition of charges for services
(1) In general
The Secretary may not make a grant under
(A) in the case of individuals with an income less than or equal to 100 percent of the official poverty line, the provider will not impose charges on any such individual for the provision of services under the grant;
(B) in the case of individuals with an income greater than 100 percent of the official poverty line, the provider—
(i) will impose charges on each such individual for the provision of such services; and
(ii) will impose charges according to a schedule of charges that is made available to the public;
(C) 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 provider will not, for any calendar year, impose charges in an amount exceeding 5 percent of the annual gross income of the individual involved;
(D) 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 provider will not, for any calendar year, impose charges in an amount exceeding 7 percent of the annual gross income of the individual involved; and
(E) in the case of individuals with an income greater than 300 percent of the official poverty line, the provider will not, for any calendar year, impose charges in an amount exceeding 10 percent of the annual gross income of the individual involved.
(2) Assessment of charge
With respect to compliance with the assurance made under paragraph (1), a grantee under
(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 regarding limitation 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.
(3) Applicability of limitation on amount of charge
The Secretary may not make a grant under
(4) Waiver
(A) In general
The State shall waive the requirements established in paragraphs (1) through (3) in the case of an entity that does not, in providing health care services, impose a charge or accept reimbursement from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.
(B) Determination
A determination by the State 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.
(d) Requirement of matching funds regarding State allotments
(1) In general
In the case of any State to which the criterion described in paragraph (3) applies, the Secretary may not make a grant under
(A) for the first fiscal year of payments under the grant, not less than 162/3 percent of such costs ($1 for each $5 of Federal funds provided in the grant);
(B) for any second fiscal year of such payments, not less than 20 percent of such costs ($1 for each $4 of Federal funds provided in the grant);
(C) for any third fiscal year of such payments, not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant);
(D) for any fourth fiscal year of such payments, not less than 331/3 percent of such costs ($1 for each $2 of Federal funds provided in the grant); and
(E) for any subsequent fiscal year of such payments, not less than 331/3 percent of such costs ($1 for each $2 of Federal funds provided in the grant).
(2) Determination of amount of non-Federal contribution
(A) In general
Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
(B) Inclusion of certain amounts
(i) In making a determination of the amount of non-Federal contributions made by a State for purposes of paragraph (1), the Secretary shall, subject to clause (ii), include any non-Federal contributions provided by the State for HIV-related services, without regard to whether the contributions are made for programs established pursuant to this subchapter;
(ii) In making a determination for purposes of clause (i), the Secretary may not include any non-Federal contributions provided by the State as a condition of receiving Federal funds under any program under this subchapter (except for the program established in
(3) Applicability of requirement
(A) Number of cases
A State referred to in paragraph (1) is any State for which the number of cases of HIV/AIDS reported to and confirmed by the Director of the Centers for Disease Control and Prevention for the period described in subparagraph (B) constitutes in excess of 1 percent of the aggregate number of such cases reported to and confirmed by the Director for such period for the United States.
(B) Period of time
The period referred to in subparagraph (A) is the 2-year period preceding the fiscal year for which the State involved is applying to receive a grant under subsection (a).
(C) Puerto Rico
For purposes of paragraph (1), the number of cases of HIV/AIDS reported and confirmed for the Commonwealth of Puerto Rico for any fiscal year shall be deemed to be less than 1 percent.
(4) Diminished State contribution
With respect to a State that does not make available the entire amount of the non-Federal contribution referred to in paragraph (1), the State shall continue to be eligible to receive Federal funds under a grant under
(July 1, 1944, ch. 373, title XXVI, §2617, as added
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (b)(5)(A)(ii), is act Aug. 14, 1935, ch. 531,
Subsection (b)(2), referred to in subsec. (d)(1), was redesignated subsec. (b)(4) by
Amendments
2009—
Subsec. (b)(8).
2006—
Subsec. (b).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(5)(G).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(7)(A).
Subsec. (b)(7)(F)(ii).
Subsec. (d)(3)(A), (C).
2000—Subsec. (b)(2), (3).
Subsec. (b)(4).
Subsec. (b)(4)(A) to (C).
Subsec. (b)(4)(D).
Subsec. (b)(4)(E).
Subsec. (b)(4)(F).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(6)(A).
Subsec. (b)(6)(G).
1996—Subsec. (b)(2)(C).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(4)(B)(iv).
1992—Subsec. (d)(3)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
Effective Date of 1996 Amendment
Amendment by
1 So in original. The period probably should be a semicolon.
2 So in original. The word "and" probably should not appear.
3 So in original. Probably should be "sections".
4 See References in Text note below.
§300ff–27a. Spousal notification
(a) In general
The Secretary of Health and Human Services shall not make a grant under part B of title XXVI of the Public Health Service Act (
(b) Definitions
For purposes of this section:
(1) Spouse
The term "spouse" means any individual who is the marriage partner of an HIV-infected patient, or who has been the marriage partner of that patient at any time within the 10-year period prior to the diagnosis of HIV infection.
(2) HIV-infected patient
The term "HIV-infected patient" means any individual who has been diagnosed to be infected with the human immunodeficiency virus.
(3) State
The term "State" means any of the 50 States, the District of Columbia, or any territory of the United States.
(
Editorial Notes
References in Text
The Public Health Service Act, referred to in subsec. (a), is act July 1, 1944, ch. 373,
Codification
Section was enacted as part of the Ryan White CARE Act Amendments of 1996, and not as part of the Public Health Service Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1996, see section 13 of
§300ff–28. Distribution of funds
(a) Amount of grant to State
(1) Minimum allotment
Subject to the extent of amounts made available under
(A) each of the 50 States, the District of Columbia, Guam, and the Virgin Islands (referred to in this paragraph as a "covered State") for a fiscal year shall be the greater of—
(i)(I) with respect to a covered State that has less than 90 living cases of AIDS, as determined under paragraph (2)(D), $200,000; or
(II) with respect to a covered State that has 90 or more living cases of AIDS, as determined under paragraph (2)(D), $500,000; and
(ii) an amount determined under paragraph (2) and then, as applicable, increased under paragraph (2)(H); and
(B) each territory other than Guam and the Virgin Islands shall be the greater of $50,000 or an amount determined under paragraph (2).
(2) Determination
(A) Formula
For purposes of paragraph (1), the amount referred to in this paragraph for a State (including a territory) for a fiscal year is, subject to subparagraphs (E) and (F)—
(i) an amount equal to the amount made available under
(ii) the percentage constituted by the sum of—
(I) the product of 0.75 and the ratio of the State distribution factor for the State or territory (as determined under subsection (B)) to the sum of the respective State distribution factors for all States or territories;
(II) the product of .20 and the ratio of the non-EMA distribution factor for the State or territory (as determined under subparagraph (C)) to the sum of the respective non-EMA distribution factors for all States or territories; and
(III) if the State does not for such fiscal year contain any area that is an eligible area under subpart I of part A or any area that is a transitional area under
(B) State distribution factor
For purposes of subparagraph (A)(ii)(I), the term "State distribution factor" means an amount equal to the number of living cases of HIV/AIDS in the State involved, as determined under subparagraph (D).
(C) Non-EMA distribution factor
For purposes of subparagraph (A)(ii)(II), the term "non-ema 1 distribution factor" means an amount equal to the sum of—
(i) the number of living cases of HIV/AIDS in the State involved, as determined under subparagraph (D); less
(ii) a number equal to the sum of—
(I) the total number of living cases of HIV/AIDS that are within areas in such State that are eligible areas under subpart I of part A for the fiscal year involved, which individual number for an area is the number that applies under
(II) the total number of such cases that are within areas in such State that are transitional areas under
(D) Living cases of HIV/AIDS
(i) Requirement of names-based reporting
Except as provided in clause (ii), the number determined under this subparagraph for a State for a fiscal year for purposes of subparagraph (B) is the number of living names-based cases of HIV/AIDS in the State that, as of December 31 of the most recent calendar year for which such data is available, have been reported to and confirmed by the Director of the Centers for Disease Control and Prevention.
(ii) Transition period; exemption regarding non-AIDS cases
For each of the fiscal years 2007 through 2012, a State is, subject to clauses (iii) through (v), exempt from the requirement under clause (i) that living non-AIDS names-based cases of HIV be reported unless—
(I) a system was in operation as of December 31, 2005, that provides sufficiently accurate and reliable names-based reporting of such cases throughout the State, subject to clause (vii); or
(II) no later than the beginning of fiscal year 2008 or a subsequent fiscal year through fiscal year 2012, the Secretary, after consultation with the chief executive of the State, determines that a system has become operational in the State that provides sufficiently accurate and reliable names-based reporting of such cases throughout the State.
(iii) Requirements for exemption for fiscal year 2007
For fiscal year 2007, an exemption under clause (ii) for a State applies only if, by October 1, 2006—
(I)(aa) the State had submitted to the Secretary a plan for making the transition to sufficiently accurate and reliable names-based reporting of living non-AIDS cases of HIV; or
(bb) all statutory changes necessary to provide for sufficiently accurate and reliable reporting of such cases had been made; and
(II) the State had agreed that, by April 1, 2008, the State will begin accurate and reliable names-based reporting of such cases, except that such agreement is not required to provide that, as of such date, the system for such reporting be fully sufficient with respect to accuracy and reliability throughout the area.
(iv) Requirement for exemption as of fiscal year 2008
For each of the fiscal years 2008 through 2012, an exemption under clause (ii) for a State applies only if, as of April 1, 2008, the State is substantially in compliance with the agreement under clause (iii)(II).
(v) Progress toward names-based reporting
For fiscal year 2009 or a subsequent fiscal year, the Secretary may terminate an exemption under clause (ii) for a State if the State submitted a plan under clause (iii)(I)(aa) and the Secretary determines that the State is not substantially following the plan.
(vi) Counting of cases in areas with exemptions
(I) In general
With respect to a State that is under a reporting system for living non-AIDS cases of HIV that is not names-based (referred to in this subparagraph as "code-based reporting"), the Secretary shall, for purposes of this subparagraph, modify the number of such cases reported for the State in order to adjust for duplicative reporting in and among systems that use code-based reporting.
(II) Adjustment rate
The adjustment rate under subclause (I) for a State shall be a reduction of 5 percent for fiscal years before fiscal year 2012 (and 6 percent for fiscal year 2012) in the number of living non-AIDS cases of HIV reported for the State.
(III) Increased adjustment for certain States previously using code-based reporting
For purposes of this subparagraph for each of fiscal years 2010 through 2012, the Secretary shall deem the applicable number of living cases of HIV/AIDS in a State that were reported to and confirmed by the Centers for Disease Control and Prevention to be 3 percent higher than the actual number if—
(aa) there is an area in such State that satisfies all of the conditions described in items (aa) through (cc) of
(bb)(AA) fiscal year 2007 was the first year in which the count of living non-AIDS cases of HIV in such area, for purposes of this part, was based on a names-based reporting system; and
(BB) the amount of funding that such State received under this part for fiscal year 2007 was less than 70 percent of the amount of funding that such State received under such part for fiscal year 2006.
(vii) List of States meeting standard regarding December 31, 2005
(I) In general
If a State is specified in subclause (II), the State shall be considered to meet the standard described in clause (ii)(I). No other State may be considered to meet such standard.
(II) Relevant States
For purposes of subclause (I), the States specified in this subclause are the following: Alaska, Alabama, Arkansas, Arizona, Colorado, Florida, Indiana, Iowa, Idaho, Kansas, Louisiana, Michigan, Minnesota, Missouri, Mississippi, North Carolina, North Dakota, Nebraska, New Jersey, New Mexico, New York, Nevada, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, West Virginia, Wyoming, Guam, and the Virgin Islands.
(viii) Rules of construction regarding acceptance of reports
(I) Cases of AIDS
With respect to a State that is subject to the requirement under clause (i) and is not in compliance with the requirement for names-based reporting of living non-AIDS cases of HIV, the Secretary shall, notwithstanding such noncompliance, accept reports of living cases of AIDS that are in accordance with such clause.
(II) Applicability of exemption requirements
The provisions of clauses (ii) through (vii) may not be construed as having any legal effect for fiscal year 2013 or any subsequent fiscal year, and accordingly, the status of a State for purposes of such clauses may not be considered after fiscal year 2012.
(ix) Program for detecting inaccurate or fraudulent counting
The Secretary shall carry out a program to monitor the reporting of names-based cases for purposes of this subparagraph and to detect instances of inaccurate reporting, including fraudulent reporting.
(x) Future fiscal years
For fiscal years beginning with fiscal year 2013, determinations under this paragraph shall be based only on living names-based cases of HIV/AIDS with respect to the State involved.
(E) Code-based States; limitation on increase in grant
(i) In general
For each of the fiscal years 2007 through 2012, if code-based reporting (within the meaning of subparagraph (D)(vi)) applies in a State as of the beginning of the fiscal year involved, then notwithstanding any other provision of this paragraph, the amount of the grant pursuant to paragraph (1) for the State may not for the fiscal year involved exceed by more than 5 percent the amount of the grant pursuant to this paragraph for the State for the preceding fiscal year, except that the limitation under this clause may not result in a grant pursuant to paragraph (1) for a fiscal year that is less than the minimum amount that applies to the State under such paragraph for such fiscal year.
(ii) Use of amounts involved
For each of the fiscal years 2007 through 2012, amounts available as a result of the limitation under clause (i) shall be made available by the Secretary as additional amounts for grants pursuant to
(F) Appropriations for treatment drug program
(i) Formula grants
With respect to the fiscal year involved, if under
(I) 100 percent of such amount, less the percentage reserved under clause (ii)(V); and
(II) the percentage constituted by the ratio of the State distribution factor for the State (as determined under subparagraph (B)) to the sum of the State distribution factors for all States;
which product shall then, as applicable, be increased under subparagraph (H).
(ii) Supplemental treatment drug grants
(I) In general
From amounts made available under subclause (V), the Secretary shall award supplemental grants to States described in subclause (II) to enable such States to purchase and distribute to eligible individuals under
(II) Eligible States
For purposes of subclause (I), a State shall be an eligible State if the State did not have unobligated funds subject to reallocation under subsection (d) in the previous fiscal year and, in accordance with criteria established by the Secretary, demonstrates a severe need for a grant under this clause. For purposes of determining severe need, the Secretary shall consider eligibility standards, formulary composition, the number of eligible individuals to whom a State is unable to provide therapeutics described in
(III) State requirements
The Secretary may not make a grant to a State under this clause unless the State agrees that the State will make available (directly or through donations of public or private entities) non-Federal contributions toward the activities to be carried out under the grant in an amount equal to $1 for each $4 of Federal funds provided in the grant, except that the Secretary may waive this subclause if the State has otherwise fully complied with
(IV) Use and coordination
Amounts made available under a grant under this clause shall only be used by the State to provide HIV/AIDS-related medications. The State shall coordinate the use of such amounts with the amounts otherwise provided under
(V) Funding
For the purpose of making grants under this clause, the Secretary shall each fiscal year reserve 5 percent of the amount referred to in clause (i) with respect to
(iii) Code-based States; limitation on increase in formula grant
The limitation under subparagraph (E)(i) applies to grants pursuant to clause (i) of this subparagraph to the same extent and in the same manner as such limitation applies to grants pursuant to paragraph (1), except that the reference to minimum grants does not apply for purposes of this clause. Amounts available as a result of the limitation under the preceding sentence shall be made available by the Secretary as additional amounts for grants under clause (ii) of this subparagraph.
(G) Repealed. Pub. L. 109–415, title II, §203(b)(2), Dec. 19, 2006, 120 Stat. 2792
(H) Increase in formula grants
(i) Assurance of amount
(I) General rule
For fiscal year 2010, the Secretary shall ensure, subject to clauses (ii) through (iv), that the total for a State of the grant pursuant to paragraph (1) and the grant pursuant to subparagraph (F) is not less than 95 percent of such total for the State for fiscal year 2009.
(II) Rule of construction
With respect to the application of subclause (I), the 95 percent requirement under such subclause shall apply with respect to each grant awarded under paragraph (1) and with respect to each grant awarded under subparagraph (F).
(ii) Fiscal years 2011 and 2012
For each of the fiscal years 2011 and 2012, the Secretary shall ensure that the total for a State of the grant pursuant to paragraph (1) and the grant pursuant to subparagraph (F) is not less than 100 percent of such total for the State for fiscal year 2010.
(iii) Fiscal year 2013
For fiscal year 2013, the Secretary shall ensure that the total for a State of the grant pursuant to paragraph (1) and the grant pursuant to subparagraph (F) is not less than 92.5 percent of such total for the State for fiscal year 2012.
(iv) Source of funds for increase
(I) In general
From the amount reserved under
(II) Pro rata reduction
If the amounts referred to in subclause (I) for a fiscal year are insufficient to fully comply with clause (i) for the year, the Secretary, in order to provide the additional funds necessary for such compliance, shall reduce on a pro rata basis the amount of each grant pursuant to paragraph (1) for the fiscal year, other than grants for States for which increases under clause (i) apply and other than States described in paragraph (1)(A)(i)(I). A reduction under the preceding sentence may not be made in an amount that would result in the State involved becoming eligible for such an increase.
(v) Applicability
This paragraph may not be construed as having any applicability after fiscal year 2013.
(b) Allocation of assistance by States
(1) Allowances
Prior to allocating assistance under this subsection, a State shall consider the unmet needs of those areas that have not received financial assistance under part A.
(2) Planning and evaluations
Subject to paragraph (4) and except as provided in paragraph (5), a State may not use more than 10 percent of amounts received under a grant awarded under
(3) Administration
(A) In general
Subject to paragraph (4), and except as provided in paragraph (5), a State may not use more than 10 percent of amounts received under a grant awarded under
(B) Allocations
In the case of entities and subcontractors to which a State allocates amounts received by the State under a grant under
(C) Administrative activities
For the purposes of subparagraph (A), amounts may be used for administrative activities that include routine grant administration and monitoring activities, including a clinical quality management program under subparagraph (E).
(D) Subcontractor administrative costs
For the purposes of this paragraph, subcontractor administrative activities include—
(i) usual and recognized overhead, including established indirect rates for agencies;
(ii) management oversight of specific programs funded under this subchapter; and
(iii) other types of program support such as quality assurance, quality control, and related activities.
(E) Clinical quality management
(i) Requirement
Each State that receives a grant under
(ii) Use of funds
(I) In general
From amounts received under a grant awarded under
(aa) 5 percent of amounts received under the grant; or
(bb) $3,000,000.
(II) Relation to limitation on administrative expenses
The costs of a clinical quality management program under clause (i) may not be considered administrative expenses for purposes of the limitation established in subparagraph (A).
(4) Limitation on use of funds
Except as provided in paragraph (5), a State may not use more than a total of 15 percent of amounts received under a grant awarded under
(5) Exception
With respect to a State that receives the minimum allotment under subsection (a)(1) for a fiscal year, such State, from the amounts received under a grant awarded under
(6) Construction
A State may not use amounts received under a grant awarded under
(c) Expedited distribution
(1) In general
Not less than 75 percent of the amounts received under a grant awarded to a State under
(A) in the case of the first fiscal year for which amounts are received, 150 days after the receipt of such amounts by the State; and
(B) in the case of succeeding fiscal years, 120 days after the receipt of such amounts by the State.
(2) Public comment
Within the time periods referred to in paragraph (1), the State shall invite and receive public comment concerning methods for the utilization of such amounts.
(d) Reallocation
Any portion of a grant made to a State under
(July 1, 1944, ch. 373, title XXVI, §2618, as added
Editorial Notes
Amendments
2009—
Subsec. (a)(2)(A)(i).
Subsec. (a)(2)(D)(ii).
Subsec. (a)(2)(D)(ii)(II).
Subsec. (a)(2)(D)(iv).
Subsec. (a)(2)(D)(v).
Subsec. (a)(2)(D)(vi)(II).
Subsec. (a)(2)(D)(vi)(III).
Subsec. (a)(2)(D)(viii)(II).
Subsec. (a)(2)(D)(x).
Subsec. (a)(2)(E)(i), (ii).
Subsec. (a)(2)(F)(ii)(V).
Subsec. (a)(2)(H)(i).
Subsec. (a)(2)(H)(ii).
Subsec. (a)(2)(H)(iii).
Subsec. (a)(2)(H)(v).
2006—
Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(1)(A)(i)(I).
Subsec. (a)(1)(A)(i)(II).
Subsec. (a)(1)(B).
Subsec. (a)(2)(A).
"(i) an amount equal to the amount appropriated under
Subsec. (a)(2)(A)(ii)(I).
Subsec. (a)(2)(A)(ii)(II).
Subsec. (a)(2)(A)(ii)(III).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C)(i).
Subsec. (a)(2)(C)(ii).
Subsec. (a)(2)(D).
Subsec. (a)(2)(E).
Subsec. (a)(2)(F).
Subsec. (a)(2)(F)(i).
Subsec. (a)(2)(F)(ii).
Subsec. (a)(2)(F)(iii).
Subsec. (a)(2)(G).
Subsec. (a)(2)(H).
Subsec. (a)(2)(I).
Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (c)(1).
Subsec. (d).
2000—Subsec. (a).
Subsec. (a)(1)(A)(i).
Subsec. (a)(1)(A)(ii).
Subsec. (a)(1)(B).
Subsec. (a)(2)(A)(i).
Subsec. (a)(2)(D)(i).
Subsec. (a)(2)(E) to (G).
Subsec. (a)(2)(H).
Subsec. (a)(2)(I).
Subsec. (a)(3)(B).
Subsecs. (b) to (e).
1998—Subsec. (b)(3)(A).
Subsec. (b)(3)(B).
1996—Subsec. (a).
Subsec. (a)(1).
Subsec. (b)(1).
"(A) each of the several States and the District of Columbia for a fiscal year shall be the greater of—
"(i) $100,000, and
"(ii) an amount determined under paragraph (2); and
"(B) each territory of the United States, as defined in paragraph 3, shall be an amount determined under paragraph (2)."
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(3), (4).
"(3)
"(4)
Subsec. (c)(5) to (7).
1992—Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
Effective Date of 1996 Amendment
Amendment by sections 3(c)(5), (g)(2) and 6(c)(3)(A) of
1 So in original. Probably should be " 'non-EMA".
§300ff–29. Technical assistance
The Secretary shall provide technical assistance in administering and coordinating the activities authorized under
(July 1, 1944, ch. 373, title XXVI, §2619, as added
Editorial Notes
Amendments
2009—
2006—
1996—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
Effective Date of 1996 Amendment
Amendment by
§300ff–29a. Supplemental grants
(a) In general
For the purpose of providing services described in
(1) whose applications under
(2) that did not, for the most recent grant year pursuant to
(b) Demonstrated need
The factors considered by the Secretary in determining whether an eligible area has a demonstrated need for purposes of subsection (a)(1) may include any or all of the following:
(1) The unmet need for such services, as determined under
(2) An increasing need for HIV/AIDS-related services, including relative rates of increase in the number of cases of HIV/AIDS.
(3) The relative rates of increase in the number of cases of HIV/AIDS within new or emerging subpopulations.
(4) The current prevalence of HIV/AIDS.
(5) Relevant factors related to the cost and complexity of delivering health care to individuals with HIV/AIDS in the eligible area.
(6) The impact of co-morbid factors, including co-occurring conditions, determined relevant by the Secretary.
(7) The prevalence of homelessness.
(8) The prevalence of individuals described under
(9) The relevant factors that limit access to health care, including geographic variation, adequacy of health insurance coverage, and language barriers.
(10) The impact of a decline in the amount received pursuant to
(c) Priority in making grants
The Secretary shall provide funds under this section to a State to address the decline in services related to the decline in the amounts received pursuant to
(d) Report on the awarding of supplemental funds
Not later than 45 days after the awarding of supplemental funds under this section, the Secretary shall submit to Congress a report concerning such funds. Such report shall include information detailing—
(1) the total amount of supplemental funds available under this section for the year involved;
(2) the amount of supplemental funds used in accordance with the hold harmless provisions of
(3) the amount of supplemental funds disbursed pursuant to subsection (c);
(4) the disbursement of the remainder of the supplemental funds after taking into account the uses described in paragraphs (2) and (3); and
(5) the rationale used for the amount of funds disbursed as described under paragraphs (2), (3), and (4).
(e) Core medical services
The provisions of
(f) Applicability of grant authority
The authority to make grants under this section applies beginning with the first fiscal year for which amounts are made available for such grants under
(July 1, 1944, ch. 373, title XXVI, §2620, as added and amended
Editorial Notes
Prior Provisions
A prior section 2620 of act July 1, 1944, was renumbered section 2621 and is classified to
Another prior section 2620 of act July 1, 1944, was classified to
Amendments
2009—
Subsec. (a)(2).
2006—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
§300ff–30. Emerging communities
(a) In general
The Secretary shall award supplemental grants to States determined to be eligible under subsection (b) to enable such States to provide comprehensive services of the type described in
(b) Eligibility
To be eligible to receive a supplemental grant under subsection (a), a State shall—
(1) be eligible to receive a grant under this subpart;
(2) demonstrate the existence in the State of an emerging community as defined in subsection (d)(1);
(3) agree that the grant will be used to provide funds directly to emerging communities in the State, separately from other funds under this subchapter that are provided by the State to such communities; and
(4) submit the information described in subsection (c).
(c) Reporting requirements
A State that desires a grant under this section shall, as part of the State application submitted under
(1) a report concerning the dissemination of supplemental funds under this section and the plan for the utilization of such funds in the emerging community;
(2) a demonstration of the existing commitment of local resources, both financial and in-kind;
(3) a demonstration that the State will maintain HIV-related activities at a level that is equal to not less than the level of such activities in the State for the 1-year period preceding the fiscal year for which the State is applying to receive a grant under
(4) a demonstration of the ability of the State to utilize such supplemental financial resources in a manner that is immediately responsive and cost effective;
(5) a demonstration that the resources will be allocated in accordance with the local demographic incidence of AIDS including appropriate allocations for services for infants, children, women, and families with HIV/AIDS;
(6) a demonstration of the inclusiveness of the planning process, with particular emphasis on affected communities and individuals with HIV/AIDS; and
(7) a demonstration of the manner in which the proposed services are consistent with local needs assessments and the statewide coordinated statement of need.
(d) Definitions of emerging community
For purposes of this section, the term "emerging community" means a metropolitan area (as defined in
(e) Continued status as emerging community
Notwithstanding any other provision of this section, a metropolitan area that is an emerging community for a fiscal year continues to be an emerging community until the metropolitan area fails, for three consecutive fiscal years—
(1) to meet the requirements of subsection (d); and
(2) to have a cumulative total of 750 or more living cases of AIDS (reported to and confirmed by the Director of the Centers for Disease Control and Prevention) as of December 31 of the most recent calendar year for which such data is available.
(f) Distribution
The amount of a grant under subsection (a) for a State for a fiscal year shall be an amount equal to the product of—
(1) the amount available under
(2) a percentage equal to the ratio constituted by the number of living cases of HIV/AIDS in emerging communities in the State to the sum of the respective numbers of such cases in such communities for all States.
(July 1, 1944, ch. 373, title XXVI, §2621, formerly §2620, as added
Editorial Notes
Prior Provisions
A prior section 300ff–30, act July 1, 1944, ch. 373, title XXVI, §2620, as added Aug. 18, 1990,
A prior section 2621 of act July 1, 1944, was classified to
Amendments
2009—
2006—
Subsec. (b)(3), (4).
Subsec. (c)(3).
Subsec. (c)(5), (6).
Subsecs. (d) to (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
§300ff–31. Repealed. Pub. L. 106–345, title II, §207(1), Oct. 20, 2000, 114 Stat. 1337
Section, act July 1, 1944, ch. 373, title XXVI, §2621, as added
§300ff–31a. Timeframe for obligation and expenditure of grant funds
(a) Obligation by end of grant year
Effective for fiscal year 2007 and subsequent fiscal years, funds from a grant award made to a State for a fiscal year pursuant to
(b) Supplemental grants; cancellation of unobligated balance of grant award
Effective for fiscal year 2007 and subsequent fiscal years, if a grant award made to a State for a fiscal year pursuant to
(1) the Secretary shall cancel that unobligated balance of the award, and shall require the State to return any amounts from such balance that have been disbursed to the State; and
(2) the funds involved shall be made available by the Secretary as additional amounts for grants pursuant to
(c) Formula grants; cancellation of unobligated balance of grant award; waiver permitting carryover
(1) In general
Effective for fiscal year 2007 and subsequent fiscal years, if a grant award made to a State for a fiscal year pursuant to
(A) before the end of the grant year, the State submits to the Secretary a written application for a waiver of the cancellation, which application includes a description of the purposes for which the State intends to expend the funds involved; and
(B) the Secretary approves the waiver.
(2) Expenditure by end of carryover year
With respect to a waiver under paragraph (1) that is approved for a balance that is unobligated as of the end of a grant year for an award:
(A) The unobligated funds are available for expenditure by the State involved for the one-year period beginning upon the expiration of the grant year (referred to in this section as the "carryover year").
(B) If the funds are not expended by the end of the carryover year, the Secretary shall cancel that unexpended balance of the award, and shall require the State to return any amounts from such balance that have been disbursed to the State.
(3) Use of cancelled balances
In the case of any balance of a grant award that is cancelled under paragraph (1) or (2)(B), the grant funds involved shall be made available by the Secretary as additional amounts for grants under
(4) Corresponding reduction in future grant
(A) In general
In the case of a State for which a balance from a grant award made pursuant to
(i) the Secretary shall reduce, by the same amount as such unobligated balance (less any amount of such balance that is the subject of a waiver of cancellation under paragraph (1)), the amount of the grant under such section for the first fiscal year beginning after the fiscal year in which the Secretary obtains the information necessary for determining that such balance was unobligated as of the end of the grant year (which requirement for a reduction applies without regard to whether a waiver under paragraph (1) has been approved with respect to such balance); and
(ii) the grant funds involved in such reduction shall be made available by the Secretary as additional funds for grants under
except that this subparagraph does not apply to the State if the amount of the unobligated balance was 5 percent or less.
(B) Relation to increases in grant
A reduction under subparagraph (A) for a State for a fiscal year may not be taken into account in applying
(d) Treatment of drug rebates
For purposes of this section, funds that are drug rebates referred to in
(1) the ADAP supplemental program if the Secretary determines appropriate; or
(2) for additional amounts for grants pursuant to
(e) Authority regarding administration of provisions
In administering subsections (b) and (c) with respect to the unobligated balance of a State, the Secretary may elect to reduce the amount of future grants to the State under
(July 1, 1944, ch. 373, title XXVI, §2622, as added and amended
Editorial Notes
Amendments
2009—
Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(4)(A).
Subsec. (c)(4)(A)(i).
Subsec. (d).
"(1) the ADAP supplemental program if the Secretary determines appropriate; or
"(2) for additional amounts for grants pursuant to
Subsec. (e).
2006—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of
1 So in original. Probably should be preceded by "section".
§300ff–31b. Authorization of appropriations
(a) In general
For the purpose of carrying out this subpart, there are authorized to be appropriated $1,195,500,000 for fiscal year 2007, $1,239,500,000 for fiscal year 2008, $1,285,200,000 for fiscal year 2009, $1,349,460,000 for fiscal year 2010, $1,416,933,000 for fiscal year 2011, $1,487,780,000 for fiscal year 2012, and $1,562,169,000 for fiscal year 2013. Amounts appropriated under the preceding sentence for a fiscal year are available for obligation by the Secretary until the end of the second succeeding fiscal year.
(b) Reservation of amounts
(1) Emerging communities
Of the amount appropriated under subsection (a) for a fiscal year, the Secretary shall reserve $5,000,000 for grants under
(2) Supplemental grants
(A) In general
Of the amount appropriated under subsection (a) for a fiscal year in excess of the 2006 adjusted amount, the Secretary shall reserve 1/3 for grants under
(B) 2006 adjusted amount
For purposes of subparagraph (A), the term "2006 adjusted amount" means the amount appropriated for fiscal year 2006 under
(July 1, 1944, ch. 373, title XXVI, §2623, as added and amended
Editorial Notes
Amendments
2009—
Subsec. (a).
Subsec. (b)(2)(A).
2006—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
For provisions that repeal by section 2(a)(1) of