US Code

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

42 U.S.C. § 300ff–15

Application

Section text and notes

(a)

In general

section 300ff–11 of this titleTo be eligible to receive a grant under , an eligible area shall prepare and submit to the Secretary an application, in accordance with subsection (c) regarding a single application and grant award, at such time, in such form, and containing such information as the Secretary shall require, including assurances adequate to ensure—
(1)
(A)
section 300ff–14(b)(1) of this title that funds received under a grant awarded under this subpart will be utilized to supplement not supplant State funds made available in the year for which the grant is awarded to provide HIV-related services as described in ;
(B)
section 300ff–14(b)(1) of this title that the political subdivisions within the eligible area will maintain the level of expenditures by such political subdivisions for HIV-related services as described in at a level that is equal to the level of such expenditures by such political subdivisions for the preceding fiscal year; and
(C)
that political subdivisions within the eligible area will not use funds received under a grant awarded under this subpart in maintaining the level of expenditures for HIV-related services as required in subparagraph (B);
(2)
section 300ff–12 of this title1
1 See References in Text note below.
that the eligible area has an HIV health services planning council and has entered into intergovernmental agreements pursuant to , and has developed or will develop the comprehensive plan in accordance with section 300ff–12(b)(3)(B)  of this title;
(3)
2
2 So in original. Probably should be “sections”.
1 that entities within the eligible area that receive funds under a grant under this subpart will maintain appropriate relationships with entities in the eligible 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  300ff–14(b)(3)  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;
(4)
section 300ff–14(c) of this title that the chief elected official of the eligible area will satisfy all requirements under ;
(5)
section 300ff–11(a) of this title that entities within the eligible area that will receive funds under a grant provided under shall participate in an established HIV community-based continuum of care if such continuum exists within the eligible area;
(6)
that funds received under a grant awarded under this subpart will not be 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—
(A)
under any State compensation program, under an insurance policy, or under any Federal or State health benefits program (except for a program administered by or providing the services of the Indian Health Service); or
(B)
by an entity that provides health services on a prepaid basis;
(7)
to the maximum extent practicable, that—
(A)
HIV health care and support services provided with assistance made available under this subpart will be provided without regard—
(i)
to the ability of the individual to pay for such services; and
(ii)
to the current or past health condition of the individual to be served;
(B)
such services will be provided in a setting that is accessible to low-income individuals with HIV/AIDS; and
(C)
a program of outreach will be provided to low-income individuals with HIV/AIDS to inform such individuals of such services;
(8)
that the applicant has participated, or will agree to participate, in the statewide coordinated statement of need process where it has been initiated by the State public health agency responsible for administering grants under part B, and ensure that the services provided under the comprehensive plan are consistent with the statewide coordinated statement of need;
(9)
section 300ff–14(b)(1) of this title that the eligible area has procedures in place to ensure that services provided with funds received under this subpart meet the criteria specified in ; and
(10)
section 300ff–27(b)(4) of this title that the chief elected official will submit to the lead State agency under , audits, consistent with Office of Management and Budget circular A133, regarding funds expended in accordance with this subpart every 2 years and shall include necessary client-based data to compile unmet need calculations and Statewide coordinated statements of need process.
(b)

Application

section 300ff–13(b) of this titleAn eligible area that desires to receive a grant under shall prepare and submit to the Secretary an application, in accordance with subsection (c) regarding a single application and grant award, at such time, in such form, and containing such information as the Secretary shall require, including the information required under such subsection and information concerning—
(1)
section 300ff–13(b)(2)(A) of this title the number of individuals to be served within the eligible area with assistance provided under the grant, including the identification of individuals with HIV/AIDS as described in clauses (i) through (iii) of ;
(2)
demographic data on the population of such individuals;
(3)
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;
(4)
the aggregate amounts expended for each such category of services;
(5)
section 300ff–27(b) of this title the manner in which the expected expenditures are related to the planning process for States that receive funding under part B (including the planning process described in ); and
(6)
section 300ff–27(b) of this titlesection 300ff–12(b) of this title the expected expenditures and how those expenditures will improve overall client outcomes, as described under the State plan under , and through additional outcomes measures as identified by the HIV health services planning council under .
(c)

Single application and grant award

(1)

Application

section 300ff–13 of this titlesection 300ff–13 of this titleThe Secretary may phase in the use of a single application that meets the requirements of subsections (a) and (b) of with respect to an eligible area that desires to receive grants under for a fiscal year.

(2)

Grant award

The Secretary may phase in the awarding of a single grant to an eligible area that submits an approved application under paragraph (1) for a fiscal year.

(d)

Date certain for submission

(1)

Requirement

section 300ff–11(a) of this titlesection 300ff–77 of this titleExcept as provided in paragraph (2), to be eligible to receive a grant under for a fiscal year, an application under subsection (a) shall be submitted not later than 45 days after the date on which appropriations are made under for the fiscal year.

(2)

Exception

The Secretary may extend the time for the submission of an application under paragraph (1) for a period of not to exceed 60 days if the Secretary determines that the eligible area has made a good faith effort to comply with the requirement of such paragraph but has otherwise been unable to submit its application.

(3)

Distribution by Secretary

Not later than 45 days after receiving an application that meets the requirements of subsection (a) from an eligible area, the Secretary shall distribute to such eligible area the amounts awarded under the grant for which the application was submitted.

(4)

Redistribution

section 300ff–11(a) of this titleAny amounts appropriated in any fiscal year under this subpart and not obligated to an eligible entity as a result of the failure of such entity to submit an application shall be redistributed by the Secretary to other eligible entities in proportion to the original grants made to such eligible areas under .

(e)

Requirements regarding imposition of charges for services

(1)

In general

section 300ff–11 of this titleThe Secretary may not make a grant under to an eligible area unless the eligible area provides assurances that in the provision of services with assistance provided under the grant—
(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 a charge on each such individual for the provision of such services; and
(ii)
will impose the charge 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 or entity receiving assistance under this subpart may, in the case of individuals subject to a charge for purposes of such paragraph—
(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 and regarding limitations 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

section 300ff–11 of this titleThe Secretary may not make a grant under to an eligible area unless the eligible area agrees that the limitations established in subparagraphs (C), (D) and (E) of paragraph (1) regarding the imposition of charges for services applies to the annual aggregate of charges imposed for such services, without regard to whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or other charges.

(4)

Waiver regarding secondary agreements

1The requirements established in paragraphs (1) through (3) shall be waived in accordance with section 300ff–14(d)(2)  of this title.

July 1, 1944, ch. 373 Pub. L. 101–381, title I, § 101(3)104 Stat. 582 Pub. L. 104–146110 Stat. 1352 Pub. L. 106–345, title I, § 122114 Stat. 1329 Pub. L. 109–415, title I120 Stat. 2781 Pub. L. 111–87123 Stat. 2885 (, title XXVI, § 2605, as added , , ; amended , §§ 3(b)(5), 6(c)(2), , , 1368; , title V, § 503(a)(1), , , 1354; , §§ 106(c), 107(b), title VII, §§ 702(3), 703, , , 2783, 2820; , §§ 2(a)(1), (3)(A), 6(c), , , 2892.)

Editorial Notes

References in Text

Section 300ff–12(b) of this titlePub. L. 104–146, § 3(b)(1)(D)110 Stat. 1348 , referred to in subsec. (a)(2), was amended by , , , to redesignate pars. (2) and (3) as (3) and (4), respectively. As so redesignated, par. (3)(B) relates to consideration regarding designation of councils and par. (4)(B) relates to development of a comprehensive plan.

Section 300ff–14 of this titlePub. L. 109–415, title I, § 105120 Stat. 2776 , referred to in subsecs. (a)(3) and (e)(4), was amended generally by , , , and as so amended, it does not contain a subsec. (b)(3) and subsec. (d)(2) does not relate to waivers. Provisions similar to those in former subsecs. (b)(3) and (d)(2) are contained in subsecs. (e) and (g)(2), respectively.

Prior Provisions

section 238d of this titleA prior section 2605 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(c)section 300ff–13(b)(2)(A) of this titleSubsec. (b)(1). , inserted “, including the identification of individuals with HIV/AIDS as described in clauses (i) through (iii) of ” before semicolon.

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, § 107(b), substituted “this subpart” for “this part” wherever appearing.

Pub. L. 109–415, § 702(3)Subsec. (a)(3). , substituted “HIV/AIDS” for “HIV disease” in two places.

Pub. L. 109–415, § 106(c)(1)Subsec. (a)(6)(A). , inserted “(except for a program administered by or providing the services of the Indian Health Service)” before semicolon.

Pub. L. 109–415, § 702(3)Subsec. (a)(7)(B), (C). , which directed the substitution of “HIV/AIDS” for “HIV disease”, was executed by making the substitution for “HIV-disease”, to reflect the probable intent of Congress.

Pub. L. 109–415, § 106(c)(2)Subsec. (a)(10). , added par. (10).

Pub. L. 109–415, § 106(c)(3)Subsec. (b)(5), (6). , added pars. (5) and (6).

Pub. L. 106–345, § 122(b)(1)(A)section 300ff–14(b)(1) of this title2000—Subsec. (a)(1)(A). , substituted “services as described in ” for “services to individuals with HIV disease”.

Pub. L. 106–345, § 122(b)(1)(B)section 300ff–14(b)(1) of this titleSubsec. (a)(1)(B). , substituted “services as described in ” for “services for individuals with HIV disease”.

Pub. L. 106–345, § 122(a)Subsec. (a)(3) to (8). , added pars. (3) and (4) and redesignated former pars. (3) to (6) as (5) to (8), respectively.

Pub. L. 106–345, § 122(b)(2)Subsec. (a)(9). –(4), added par. (9).

Pub. L. 106–345, § 503(a)(1)(A)section 300ff–77 of this titleSubsec. (d)(1). , made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 106–345, § 503(a)(1)(B)Subsec. (d)(4). , inserted “section” before “300ff–11(a) of this title”.

Pub. L. 104–146, § 3(b)(5)(A)(i)1996—Subsec. (a). , inserted “, in accordance with subsection (c) regarding a single application and grant award,” after “application” in introductory provisions.

Pub. L. 104–146, § 3(b)(5)(A)(ii)Subsec. (a)(1)(B). , substituted “preceding fiscal year” for “1-year period preceding the first fiscal year for which a grant is received by the eligible area”.

Pub. L. 104–146, § 3(b)(5)(A)(iii)Subsec. (a)(6). –(v), added par. (6).

Pub. L. 104–146, § 3(b)(5)(B)Subsec. (b). , substituted “Application” for “Additional application” in heading and substituted “application, in accordance with subsection (c) regarding a single application and grant award,” for “additional application” in introductory provisions.

Pub. L. 104–146, § 3(b)(5)(D)Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (d).

Pub. L. 104–146, § 6(c)(2)section 300ff–77 of this titlesection 300ff–18 of this titlesection 300ff–18 of this titlePub. L. 104–146, § 3(b)(5)(C)Subsec. (c)(1). , which directed substitution of “” for “” in subsec. (c)(1), could not be executed because phrase “” did not appear in text of subsec. (c)(1) subsequent to redesignation of subsec. (c) as (d) by . See below.

Pub. L. 104–146, § 3(b)(5)(C)Subsec. (d). , redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Pub. L. 104–146, § 3(b)(5)(C)Subsec. (e). , redesignated subsec. (d) as (e).

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(c) 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 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 .