US Code

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

42 U.S.C. § 300ff–12

Administration and planning council

Section text and notes

(a)

Administration

(1)

In general

Assistance made available under grants awarded under this subpart shall be directed to the chief elected official of the city or urban county that administers the public health agency that provides outpatient and ambulatory services to the greatest number of individuals with AIDS, as reported to and confirmed by the Centers for Disease Control and Prevention, in the eligible area that is awarded such a grant.

(2)

Requirements

(A)

In general

section 300ff–11(a) of this titleTo receive assistance under , the chief elected official of the eligible area involved shall—
(i)
establish, through intergovernmental agreements with the chief elected officials of the political subdivisions described in subparagraph (B), an administrative mechanism to allocate funds and services based on—
(I)
the number of AIDS cases in such subdivisions;
(II)
the severity of need for outpatient and ambulatory care services in such subdivisions; and
(III)
the health and support services personnel needs of such subdivisions; and
(ii)
establish an HIV health services planning council in accordance with subsection (b).
(B)

Local political subdivision

The political subdivisions referred to in subparagraph (A) are those political subdivisions in the eligible area—
(i)
that provide HIV-related health services; and
(ii)
section 300ff–11(a) of this title for which the number of cases reported for purposes of constitutes not less than 10 percent of the number of such cases reported for the eligible area.
(b)

HIV health services planning council

(1)

Establishment

To be eligible for assistance under this subpart, the chief elected official described in subsection (a)(1) shall establish or designate an HIV health services planning council that shall reflect in its composition the demographics of the population of individuals with HIV/AIDS in the eligible area involved, with particular consideration given to disproportionately affected and historically underserved groups and subpopulations. Nominations for membership on the council shall be identified through an open process and candidates shall be selected based on locally delineated and publicized criteria. Such criteria shall include a conflict-of-interest standard that is in accordance with paragraph (5).

(2)

Representation

The HIV health services planning council shall include representatives of—
(A)
health care providers, including federally qualified health centers;
(B)
community-based organizations serving affected populations and AIDS service organizations;
(C)
social service providers, including providers of housing and homeless services;
(D)
mental health and substance abuse providers;
(E)
local public health agencies;
(F)
hospital planning agencies or health care planning agencies;
(G)
affected communities, including people with HIV/AIDS, members of a Federally recognized Indian tribe as represented in the population, individuals co-infected with hepatitis B or C and historically underserved groups and subpopulations;
(H)
nonelected community leaders;
(I)
State government (including the State medicaid agency and the agency administering the program under part B);
(J)
1
1 See References in Text note below.
grantees under subpart II  of part C;
(K)
section 300ff–71 of this title grantees under , or, if none are operating in the area, representatives of organizations with a history of serving children, youth, women, and families living with HIV and operating in the area;
(L)
grantees under other Federal HIV programs, including but not limited to providers of HIV prevention services; and
(M)
representatives of individuals who formerly were Federal, State, or local prisoners, were released from the custody of the penal system during the preceding 3 years, and had HIV/AIDS as of the date on which the individuals were so released.
(3)

Method of providing for council

(A)

In general

section 300ff–11(a) of this titleIn providing for a council for purposes of paragraph (1), a chief elected official receiving a grant under may establish the council directly or designate an existing entity to serve as the council, subject to subparagraph (B).

(B)

Consideration regarding designation of council

section 300ff–11(a) of this titleIn making a determination of whether to establish or designate a council under subparagraph (A), a chief elected official receiving a grant under shall give priority to the designation of an existing entity that has demonstrated experience in planning for the HIV health care service needs within the eligible area and in the implementation of such plans in addressing those needs. Any existing entity so designated shall be expanded to include a broad representation of the full range of entities that provide such services within the geographic area to be served.

(4)

Duties

The planning council established or designated under paragraph (1) shall—
(A)
determine the size and demographics of the population of individuals with HIV/AIDS, as well as the size and demographics of the estimated population of individuals with HIV/AIDS who are unaware of their HIV status;
(B)
determine the needs of such population, with particular attention to—
(i)
individuals with HIV/AIDS who know their HIV status and are not receiving HIV-related services;
(ii)
disparities in access and services among affected subpopulations and historically underserved communities; and
(iii)
individuals with HIV/AIDS who do not know their HIV status;
(C)
establish priorities for the allocation of funds within the eligible area, including how best to meet each such priority and additional factors that a grantee should consider in allocating funds under a grant based on the—
(i)
size and demographics of the population of individuals with HIV/AIDS (as determined under subparagraph (A)) and the needs of such population (as determined under subparagraph (B));
(ii)
demonstrated (or probable) cost effectiveness and outcome effectiveness of proposed strategies and interventions, to the extent that data are reasonably available;
(iii)
priorities of the communities with HIV/AIDS for whom the services are intended;
(iv)
coordination in the provision of services to such individuals with programs for HIV prevention and for the prevention and treatment of substance abuse, including programs that provide comprehensive treatment for such abuse;
(v)
42 U.S.C. 139642 U.S.C. 1397aa availability of other governmental and non-governmental resources, including the State medicaid plan under title XIX of the Social Security Act [ et seq.] and the State Children’s Health Insurance Program under title XXI of such Act [ et seq.] to cover health care costs of eligible individuals and families with HIV/AIDS; and
(vi)
capacity development needs resulting from disparities in the availability of HIV-related services in historically underserved communities;
(D)
section 300ff–14 of this title develop a comprehensive plan for the organization and delivery of health and support services described in that—
(i)
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;
(ii)
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);
(iii)
is compatible with any State or local plan for the provision of services to individuals with HIV/AIDS; and
(iv)
section 300ff–14 of this title includes a strategy, coordinated as appropriate with other community strategies and efforts, including discrete goals, a timetable, and appropriate funding, for identifying individuals with HIV/AIDS who do not know their HIV status, making such individuals aware of such status, and enabling such individuals to use the health and support services described in , with particular attention to reducing barriers to routine testing and disparities in access and services among affected subpopulations and historically underserved communities;
(E)
assess the efficiency of the administrative mechanism in rapidly allocating funds to the areas of greatest need within the eligible area, and at the discretion of the planning council, assess the effectiveness, either directly or through contractual arrangements, of the services offered in meeting the identified needs;
(F)
participate in the development of the statewide coordinated statement of need initiated by the State public health agency responsible for administering grants under part B;
(G)
establish methods for obtaining input on community needs and priorities which may include public meetings (in accordance with paragraph (7)), conducting focus groups, and convening ad-hoc panels; and
(H)
coordinate with Federal grantees that provide HIV-related services within the eligible area.
(5)

Conflicts of interest

(A)

In general

section 300ff–11(a) of this titleThe planning council under paragraph (1) may not be directly involved in the administration of a grant under . With respect to compliance with the preceding sentence, the planning council may not designate (or otherwise be involved in the selection of) particular entities as recipients of any of the amounts provided in the grant.

(B)

Required agreements

section 300ff–11(a) of this titleAn individual may serve on the planning council under paragraph (1) only if the individual agrees that if the individual has a financial interest in an entity, if the individual is an employee of a public or private entity, or if the individual is a member of a public or private organization, and such entity or organization is seeking amounts from a grant under , the individual will not, with respect to the purpose for which the entity seeks such amounts, participate (directly or in an advisory capacity) in the process of selecting entities to receive such amounts for such purpose.

(C)

Composition of council

The following applies regarding the membership of a planning council under paragraph (1):
(i)
section 300ff–11(a) of this title Not less than 33 percent of the council shall be individuals who are receiving HIV-related services pursuant to a grant under , are not officers, employees, or consultants to any entity that receives amounts from such a grant, and do not represent any such entity, and reflect the demographics of the population of individuals with HIV/AIDS as determined under paragraph (4)(A). For purposes of the preceding sentence, an individual shall be considered to be receiving such services if the individual is a parent of, or a caregiver for, a minor child who is receiving such services.
(ii)
section 300ff–11(a) of this title With respect to membership on the planning council, clause (i) may not be construed as having any effect on entities that receive funds from grants under any of parts B through F but do not receive funds from grants under , on officers or employees of such entities, or on individuals who represent such entities.
(6)

Grievance procedures

A planning council under paragraph (1) shall develop procedures for addressing grievances with respect to funding under this subpart, including procedures for submitting grievances that cannot be resolved to binding arbitration. Such procedures shall be described in the by-laws of the planning council and be consistent with the requirements of subsection (c).

(7)

Public deliberations

With respect to a planning council under paragraph (1), the following applies:
(A)
section 300ff–11(a) of this title The council may not be chaired solely by an employee of the grantee under .
(B)
In accordance with criteria established by the Secretary:
(i)
The meetings of the council shall be open to the public and shall be held only after adequate notice to the public.
(ii)
The records, reports, transcripts, minutes, agenda, or other documents which were made available to or prepared for or by the council shall be available for public inspection and copying at a single location.
(iii)
Detailed minutes of each meeting of the council shall be kept. The accuracy of all minutes shall be certified to by the chair of the council.
(iv)
This subparagraph does not apply to any disclosure of information of a personal nature that would constitute a clearly unwarranted invasion of personal privacy, including any disclosure of medical information or personnel matters.
(c)

Grievance procedures

(1)

Federal responsibility

(A)

Models

The Secretary shall, through a process that includes consultations with grantees under this subpart and public and private experts in grievance procedures, arbitration, and mediation, develop model grievance procedures that may be implemented by the planning council under subsection (b)(1) and grantees under this subpart. Such model procedures shall describe the elements that must be addressed in establishing local grievance procedures and provide grantees with flexibility in the design of such local procedures.

(B)

Review

The Secretary shall review grievance procedures established by the planning council and grantees under this subpart to determine if such procedures are adequate. In making such a determination, the Secretary shall assess whether such procedures permit legitimate grievances to be filed, evaluated, and resolved at the local level.

(2)

Grantees

To be eligible to receive funds under this subpart, a grantee shall develop grievance procedures that are determined by the Secretary to be consistent with the model procedures developed under paragraph (1)(A). Such procedures shall include a process for submitting grievances to binding arbitration.

(d)

Process for establishing allocation priorities

Promptly after the date of the submission of the report required in section 501(b) of the Ryan White CARE Act Amendments of 2000 (relating to the relationship between epidemiological measures and health care for certain individuals with HIV/AIDS), the Secretary, in consultation with planning councils and entities that receive amounts from grants under section 300ff–11(a) or 300ff–21 of this title, shall develop epidemiologic measures—
(1)
for establishing the number of individuals living with HIV/AIDS who are not receiving HIV-related health services; and
(2)
section 300ff–27(b) of this title for carrying out the duties under subsection (b)(4) and .
(e)

Training guidance and materials

section 300ff–11(a) of this titleThe Secretary shall provide to each chief elected official receiving a grant under guidelines and materials for training members of the planning council under paragraph (1) regarding the duties of the council.

July 1, 1944, ch. 373 Pub. L. 101–381, title I, § 101(3)104 Stat. 577 Pub. L. 102–531, title III, § 312(d)(26)106 Stat. 3505 Pub. L. 104–146, § 3(b)(1)110 Stat. 1347 Pub. L. 106–345, title I114 Stat. 1320–1323 Pub. L. 109–415, title I120 Stat. 2780 Pub. L. 111–87123 Stat. 2885 (, title XXVI, § 2602, as added , , ; amended , , ; , , ; , §§ 101–102(c), 103, , ; , §§ 106(b), 107(b), title VII, §§ 702(3), 703, , , 2783, 2820; , §§ 2(a)(1), (3)(A), 6(a), , , 2891.)

Editorial Notes

References in Text

Pub. L. 106–345, title III, § 301(b)(1)114 Stat. 1345 Subpart II of part C, referred to in subsec. (b)(2)(J), was redesignated subpart I of part C of this subchapter by , , , and is classified to section 300ff–51 et seq. of this title.

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of this titleThe Social Security Act, referred to in subsec. (b)(4)(C)(v), 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.

section 501 of Pub. L. 106–345section 300ff–11 of this titlesection 501(d) of Pub. L. 106–345Section 501 of the Ryan White CARE Act Amendments of 2000, referred to in subsec. (d), is , which is set out as a note under . Provisions relating to a report are contained in .

Prior Provisions

section 238a of this titleA prior section 2602 of act , was successively renumbered by subsequent acts and transferred, see .

Amendments

Pub. L. 111–87, § 2(a)(1)Pub. L. 109–415, § 7032009—, (3)(A), 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. 111–87, § 6(a)(1)Subsec. (b)(4)(A). , inserted “, as well as the size and demographics of the estimated population of individuals with HIV/AIDS who are unaware of their HIV status” before semicolon.

Pub. L. 111–87, § 6(a)(2)Subsec. (b)(4)(B)(iii). , added cl. (iii).

Pub. L. 111–87, § 6(a)(3)Subsec. (b)(4)(D)(iv). , added cl. (iv).

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, § 702(3), substituted “HIV/AIDS” for “HIV disease” wherever appearing.

Pub. L. 109–415, § 107(b), substituted “this subpart” for “this part” wherever appearing.

Pub. L. 109–415, § 106(b)Subsec. (b)(2)(G). , inserted “, members of a Federally recognized Indian tribe as represented in the population, individuals co-infected with hepatitis B or C” before “and historically underserved groups”.

Pub. L. 106–345, § 101(a)(1)2000—Subsec. (b)(1). , substituted “demographics of the population of individuals with HIV disease in the eligible area involved,” for “demographics of the epidemic in the eligible area involved,”.

Pub. L. 106–345, § 101(a)(2)(A)Subsec. (b)(2)(C). , inserted before semicolon at end “, including providers of housing and homeless services”.

Pub. L. 106–345, § 101(a)(2)(B)Subsec. (b)(2)(G). , struck out “or AIDS” after “HIV disease”.

Pub. L. 106–345, § 101(a)(2)(C)Subsec. (b)(2)(K). , struck out “and” after semicolon.

Pub. L. 106–345, § 101(a)(2)(D)Subsec. (b)(2)(L). , substituted “, including but not limited to providers of HIV prevention services; and” for period at end.

Pub. L. 106–345, § 101(a)(2)(E)Subsec. (b)(2)(M). , added subpar. (M).

Pub. L. 106–345, § 103(1)Subsec. (b)(3)(C). , struck out heading and text of subpar. (C). Text read as follows: “A planning council may not be chaired solely by an employee of the grantee.”

Pub. L. 106–345, § 102(a)(2)Subsec. (b)(4)(A), (B). , added subpars. (A) and (B). Former subpars. (A) and (B) redesignated (C) and (D), respectively.

Pub. L. 106–345, § 102(a)(1)Subsec. (b)(4)(C). , redesignated subpar. (A) as (C). Former subpar. (C) redesignated (E).

Pub. L. 106–345, § 102(a)(3)Subsec. (b)(4)(C)(i) to (vi). , added cls. (i) to (vi) and struck out former cls. (i) to (iv) which read as follows:

“(i) documented needs of the HIV-infected population;

“(ii) cost and outcome effectiveness of proposed strategies and interventions, to the extent that such data are reasonably available (either demonstrated or probable);

“(iii) priorities of the HIV-infected communities for whom the services are intended; and

“(iv) availability of other governmental and nongovernmental resources;”.

Pub. L. 106–345, § 102(a)(4)section 300ff–14 of this titleSubsec. (b)(4)(D). , amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “develop a comprehensive plan for the organization and delivery of health services described in that is compatible with any existing State or local plan regarding the provision of health services to individuals with HIV disease;”.

Pub. L. 106–345, § 102(a)(1), redesignated subpar. (B) as (D). Former subpar. (D) redesignated (F).

Pub. L. 106–345, § 102(a)(1)Subsec. (b)(4)(E), (F). , redesignated subpars. (C) and (D) as (E) and (F), respectively. Former subpar. (E) redesignated (G).

Pub. L. 106–345, § 102(a)(1)Subsec. (b)(4)(G). , (6)(A), redesignated subpar. (E) as (G) and substituted “public meetings (in accordance with paragraph (7)),” for “public meetings,”.

Pub. L. 106–345, § 102(a)(5)Subsec. (b)(4)(H). , (6)(B), (7), added subpar. (H).

Pub. L. 106–345, § 101(b)Subsec. (b)(5)(C). , added subpar. (C).

Pub. L. 106–345, § 103(2)Subsec. (b)(7). , added par. (7).

Pub. L. 106–345, § 102(b)Subsec. (d). , added subsec. (d).

Pub. L. 106–345, § 102(c)Subsec. (e). , added subsec. (e).

Pub. L. 104–146, § 3(b)(1)(A)(ii)1996—Subsec. (b)(1). , inserted at end “Nominations for membership on the council shall be identified through an open process and candidates shall be selected based on locally delineated and publicized criteria. Such criteria shall include a conflict-of-interest standard that is in accordance with paragraph (5).”

Pub. L. 104–146, § 3(b)(1)(A)(i), substituted “reflect in its composition the demographics of the epidemic in the eligible area involved, with particular consideration given to disproportionately affected and historically underserved groups and subpopulations.” for “include representatives of—

“(A) health care providers;

“(B) community-based and AIDS service organizations;

“(C) social service providers;

“(D) mental health care providers;

“(E) local public health agencies;

“(F) hospital planning agencies or health care planning agencies;

“(G) affected communities, including individuals with HIV disease;

“(H) non-elected community leaders;

“(I) State government;

“(J) grantees under subpart II of part C of this subchapter; and

“(K) the lead agency of any Health Resources and Services Administration adult and pediatric HIV-related care demonstration project operating in the area to be served.”

Pub. L. 104–146, § 3(b)(1)(E)Subsec. (b)(2). , added par. (2). Former par. (2) redesignated (3).

Pub. L. 104–146, § 3(b)(1)(B)Subsec. (b)(2)(C). , added subpar. (C).

Pub. L. 104–146, § 3(b)(1)(D)Subsec. (b)(3). , redesignated par. (2) as (3). Former par. (3) redesignated (4).

Pub. L. 104–146, § 3(b)(1)(C)(i)Subsec. (b)(3)(A). , substituted “area, including how best to meet each such priority and additional factors that a grantee should consider in allocating funds under a grant based on the—” for “area;” and added cls. (i) to (iv).

Pub. L. 104–146, § 3(b)(1)(C)(ii)Subsec. (b)(3)(B). , struck out “and” at end.

Pub. L. 104–146, § 3(b)(1)(C)(iii)Subsec. (b)(3)(C). , substituted “, and at the discretion of the planning council, assess the effectiveness, either directly or through contractual arrangements, of the services offered in meeting the identified needs;” for period at end.

Pub. L. 104–146, § 3(b)(1)(C)(iv)Subsec. (b)(3)(D), (E). , added subpars. (D) and (E).

Pub. L. 104–146, § 3(b)(1)(D)Subsec. (b)(4). , redesignated par. (3) as (4).

Pub. L. 104–146, § 3(b)(1)(F)Subsec. (b)(5), (6). , added pars. (5) and (6).

Pub. L. 104–146, § 3(b)(1)(F)Subsec. (c). , added subsec. (c).

Pub. L. 102–5311992—Subsec. (a)(1). substituted “Centers for Disease Control and Prevention” for “Centers for Disease Control”.

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. 109–415section 6(a) of Pub. L. 111–87Pub. L. 111–87section 300ff–11 of this titleFor provisions that repeal by of be effective , that the provisions of this section as in effect on , be revived, and that amendment by be applicable to this section as so revived and effective as if enacted on , see section 2(a)(2), (3) of , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–345, title VI, § 601114 Stat. 1355

section 1 of Pub. L. 106–345section 201 of this title“This Act [see , set out as a Short Title of 2000 Amendments note under ] and the amendments made by this Act take effect , or upon the date of the enactment of this Act [], whichever occurs later.”
, , , provided that:

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 .