US Code

Public Law 119-102 (07/12/2026)

42 U.S.C. § 300ff–52

Minimum qualifications of grantees

Section text and notes

(a)

Eligible entities

(1)

In general

section 300ff–51(a) of this titleThe entities referred to in are public entities and nonprofit private entities that are—
(A)
l42 U.S.C. 1396dl federally-qualified health centers under section 1905()(2)(B) of the Social Security Act [()(2)(B)];
(B)
section 300 of this title grantees under (regarding family planning) other than States;
(C)
comprehensive hemophilia diagnostic and treatment centers;
(D)
rural health clinics;
(E)
health facilities operated by or pursuant to a contract with the Indian Health Service;
(F)
community-based organizations, clinics, hospitals and other health facilities that provide early intervention services to those persons infected with HIV/AIDS through intravenous drug use; or
(G)
nonprofit private entities that provide comprehensive primary care services to populations at risk of HIV/AIDS, including faith-based and community-based organizations.
(2)

Underserved populations

Entities described in paragraph (1) shall serve underserved populations which may include minority populations and Native American populations, ex-offenders, individuals with comorbidities including hepatitis B or C, mental illness, or substance abuse, low-income populations, inner city populations, and rural populations.

(b)

Status as medicaid provider

(1)

In general

section 300ff–51 of this title42 U.S.C. 1396Subject to paragraph (2), the Secretary may not make a grant under for the provision of services described in subsection (b) of such section in a State unless, in the case of any such service that is available pursuant to the State plan approved under title XIX of the Social Security Act [ et seq.] for the State—
(A)
the applicant for the grant will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or
(B)
the applicant for the grant will enter into an agreement with a public or nonprofit private entity, or a private for-profit entity if such entity is the only available provider of quality HIV care in the area, under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments.
(2)

Waiver regarding certain secondary agreements

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

July 1, 1944, ch. 373 Pub. L. 101–381, title III, § 301(a)104 Stat. 607 Pub. L. 101–557, title IV, § 401(b)(3)104 Stat. 2771 Pub. L. 104–146, § 3(d)(2)110 Stat. 1357 Pub. L. 107–251, title VI, § 601(a)116 Stat. 1664 Pub. L. 108–163, § 2(m)(3)117 Stat. 2023 Pub. L. 109–415, title III, § 302(a)120 Stat. 2806 Pub. L. 111–87, § 2(a)(1)123 Stat. 2885 (, title XXVI, § 2652, as added , , ; amended , , ; , , ; , , ; , , ; , 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. (b)(1), is , . Title XIX of the Social Security Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.

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 Amendment; 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, § 302(a)Subsec. (a). , amended heading and text of subsec. (a) generally, substituting provisions listing eligible entities and directing that such entities serve underserved populations for provisions listing eligible entities.

Pub. L. 108–1632003—Subsec. (a)(2). substituted “254b(h)” for “256”.

Pub. L. 107–2512002—, which directed the substitution of “254b(h)” for “256” in subsec. (2), could not be executed because section does not contain a subsec. (2).

Pub. L. 104–1461996—Subsec. (b)(1)(B). inserted “, or a private for-profit entity if such entity is the only available provider of quality HIV care in the area,” after “nonprofit private entity”.

Pub. L. 101–557section 300ff–51(a) of this title1990—Subsec. (a). substituted “referred to in ” for “referred to in subsection (b) of this section”, redesignated pars. (A) to (F) as (1) to (6), respectively, and substituted “nonprofit private entities that provide” for “a nonprofit private entity that provides” in par. (6).

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 2003 Amendment

Pub. L. 108–163Pub. L. 107–251section 3 of Pub. L. 108–163section 233 of this titleAmendment by deemed to have taken effect immediately after the enactment of , see , 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 .

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

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