Section text and notes
In general
Required funding for core medical services
In general
section 300ff–21 of this titlesection 300ff–28(b)(3) of this titleWith respect to a grant under for a State for a grant year, the State shall, of the portion of the grant remaining after reserving amounts for purposes of subparagraphs (A) and (E)(ii)(I) of , use not less than 75 percent to provide core medical services that are needed in the State for individuals with HIV/AIDS who are identified and eligible under this subchapter (including services regarding the co-occurring conditions of the individuals).
Waiver
In general
Notification of waiver status
section 300ff–21 of this titleWhen informing a State that a grant under is being made to the State for a fiscal year, the Secretary shall inform the State whether a waiver under subparagraph (A) is in effect for the fiscal year.
Core medical services
Support services
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).
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.
Early intervention services
In general
section 300ff–51(e) of this titlesection 300ff–52(a) of this titleFor purposes of this section, the term “early intervention services” means HIV/AIDS early intervention services described in , with follow-up referral provided for the purpose of facilitating the access of individuals receiving the services to HIV-related health services. The entities through which such services may be provided under the grant include public health departments, emergency rooms, substance abuse and mental health treatment programs, detoxification centers, detention facilities, clinics regarding sexually transmitted diseases, homeless shelters, HIV/AIDS counseling and testing sites, health care points of entry specified by States, federally qualified health centers, and entities described in that constitute a point of access to services by maintaining referral relationships.
Conditions
Priority for women, infants, children, and youth
In general
section 300ff–11(a) of this titleFor 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 for a fiscal year, not less than the percentage constituted by the ratio of the population involved (infants, children, youth, or women in such area) with HIV/AIDS to the general population in such area of individuals with HIV/AIDS.
Waiver
42 U.S.C. 139642 U.S.C. 1397aaWith 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 [ et seq.], the State children’s health insurance program under title XXI of such Act [ et seq.], or other Federal or State programs.
Construction
section 300ff–21 of this titleA State may not use amounts received under a grant awarded under 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 Pub. L. 101–381, title II, § 201104 Stat. 586 Pub. L. 104–146, § 3(c)(2)110 Stat. 1354 Pub. L. 106–345, title II, § 202114 Stat. 1330 Pub. L. 109–415, title II, § 201(a)120 Stat. 2785 Pub. L. 111–87, § 2(a)(1)123 Stat. 2885 (, title XXVI, § 2612, as added , , ; amended , , ; , title V, § 503(b), , , 1355; , title VII, § 703, , , 2820; , (3)(A), , .)
Editorial Notes
References in Text
act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of this titleThe Social Security Act, referred to in subsec. (e)(2), is , . Titles XIX and XXI of the Act are classified generally to subchapters XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.
Codification
section 3(c)(2) of Pub. L. 104–146section 300ff–23 of this titleAnother amended .
Prior Provisions
section 238k of this titleA prior section 2612 of act , was successively renumbered by subsequent acts and transferred, see .
Amendments
Pub. L. 111–87Pub. L. 109–415, § 7032009— repealed , and revived the provisions of this section as in effect on . See 2006 Amendment note and Effective Date of 2009; Revival of Section note below.
Pub. L. 109–415, § 703Pub. L. 111–87, § 2(a)(1)2006—, which directed repeal of this section effective , was itself repealed by , effective .
Pub. L. 109–415, § 201(a), reenacted section catchline without change and amended text generally, substituting provisions relating to general use of grants, required funding for core medical services, support and early intervention services, priority for women, infants, children, and youth, and prohibition against use of amounts for real property improvement or to make cash payments, for provisions relating to general use of grants, support services and outreach, early intervention services, and establishment of a quality management program in each State.
Pub. L. 106–345, § 202(1)2000—, designated existing provisions as subsec. (a) and inserted heading.
Pub. L. 106–345, § 503(b)Pub. L. 104–146, § 3(c)(2)(A)(iii)Subsec. (a)(1). , made technical amendment to directory language of . See 1996 Amendment note below.
Pub. L. 106–345, § 202(2)Subsec. (b) to (d). , added subsecs. (b) to (d).
Pub. L. 104–146, § 3(c)(2)(A)Pub. L. 106–345, § 503(b)1996—, as amended by , struck out “(a) In general” before “A State may use amounts”, added par. (1), redesignated former pars. (1) to (4) as (2) to (5), respectively, substituted “therapeutics to treat HIV disease” for “treatments, that have been determined to prolong life or prevent serious deterioration of health,” in par. (5), and inserted after par. (5) “Services described in paragraph (1) shall be delivered through consortia designed as described in paragraph (2), where such consortia exist, unless the State demonstrates to the Secretary that delivery of such services would be more effective when other delivery mechanisms are used. In making a determination regarding the delivery of services, the State shall consult with appropriate representatives of service providers and recipients of services who would be affected by such determination, and shall include in its demonstration to the Secretary the findings of the State regarding such consultation.”
Pub. L. 104–146, § 3(c)(2)(B)Subsec. (b). , struck out heading and text of subsec. (b). Text read as follows: “A State shall use not less than 15 percent of funds allocated under this part to provide health and support services to infants, children, women, and families with HIV disease.”
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment; Revival of Section
section 2(a)(1) of Pub. L. 111–87section 703 of Pub. L. 109–415Pub. L. 111–87section 300ff–11 of this titleFor provisions that repeal by of be effective , and that the provisions of this section as in effect on , be revived, see section 2(a)(2), (3)(A) of , set out as a note under .
Effective Date of 1996 Amendment
Pub. L. 104–146section 13 of Pub. L. 104–146section 300ff–11 of this titleAmendment by effective , see , set out as a note under .