In general
The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants to public and nonprofit private entities (including a health facility operated by or pursuant to a contract with the Indian Health Service) for the purpose of providing family-centered care involving outpatient or ambulatory care (directly or through contracts or memoranda of understanding) for women, infants, children, and youth with HIV/AIDS.
Additional services for patients and families
Coordination with other entities
Administration; application
Annual review of programs; evaluations
Review regarding access to and participation in programs
Evaluations
The Secretary shall, directly or through contracts with public and private entities, provide for evaluations of programs carried out pursuant to subsection (a).
Administrative expenses
Limitation
A grantee may not use more than 10 percent of amounts received under a grant awarded under this section for administrative expenses.
Clinical quality management program
A grantee under this section shall implement a clinical quality management program to assess the extent to which HIV health services provided to patients under the grant are consistent with the most recent Public Health Service guidelines for the treatment of HIV/AIDS and related opportunistic infection, and as applicable, to develop strategies for ensuring that such services are consistent with the guidelines for improvement in the access to and quality of HIV health services.
Training and technical assistance
From the amounts appropriated under subsection (j) for a fiscal year, the Secretary may use not more than 5 percent to provide, directly or through contracts with public and private entities (which may include grantees under subsection (a)), training and technical assistance to assist applicants and grantees under subsection (a) in complying with the requirements of this section.
Definitions
Administrative expenses
The term “administrative expenses” means funds that are to be used by grantees for grant management and monitoring activities, including costs related to any staff or activity unrelated to services or indirect costs.
Indirect costs
The term “indirect costs” means costs included in a Federally negotiated indirect rate.
Services
Application to primary care services
42 U.S.C. 1395Nothing in this part shall be construed as requiring funds under this part to be used for primary care services when payments are available for such services from other sources (including under titles XVIII, XIX, and XXI of the Social Security Act [ et seq., 1396 et seq., 1397aa et seq.]).
Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated, $71,800,000 for each of the fiscal years 2007 through 2009, $75,390,000 for fiscal year 2010, $79,160,000 for fiscal year 2011, $83,117,000 for fiscal year 2012, and $87,273,000 for fiscal year 2013.
July 1, 1944, ch. 373Pub. L. 109–415, title IV, § 401120 Stat. 2810Pub. L. 111–87123 Stat. 2885(, title XXVI, § 2671, as added and amended , title VII, § 703, , , 2820; , §§ 2(a)(1), (3)(A), (e), 11, , , 2886, 2895.)
Editorial Notes
References in Text
act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of this titleThe Social Security Act, referred to in subsecs. (c)(1) and (i), is , . Titles V, XVIII, XIX, and XXI of the Act are classified generally to subchapters V (§ 701 et seq.), XVIII (§ 1395 et seq.), 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.
Prior Provisions
Pub. L. 109–415Prior sections 300ff–71 to 300ff–78 were omitted in the general amendment of this part by .
act July 1, 1944, ch. 373, title XXVI, § 2671Pub. L. 101–381, title IV, § 401104 Stat. 617Pub. L. 104–146, § 3(e)110 Stat. 1358Pub. L. 106–345, title IV, § 401114 Stat. 1347Section 300ff–71, , as added , , ; amended , , ; , , , related to grants for coordinated services and access to research for women, infants, children, and youth.
act July 1, 1944, ch. 373, title XXVI, § 2672Pub. L. 101–381, title IV, § 401104 Stat. 618Section 300ff–72, , as added , , , contained provisions relating to blood banks.
act July 1, 1944, ch. 373, title XXVI, § 2673Pub. L. 101–381, title IV, § 401104 Stat. 619Pub. L. 106–345, title V, § 503(a)(2)114 Stat. 1354Section 300ff–73, , as added , , ; amended , , , related to a research, evaluation, and assessment program.
act July 1, 1944, ch. 373, title XXVI, § 2674Pub. L. 101–381, title IV, § 401104 Stat. 620Pub. L. 104–146, § 3(f)110 Stat. 1362Pub. L. 106–345, title IV, § 411114 Stat. 1350Section 300ff–74, , as added , , ; amended , , ; , , , related to evaluations and reports.
act July 1, 1944, ch. 373, title XXVI, § 2675Pub. L. 101–381, title IV, § 401104 Stat. 620Pub. L. 102–531, title III, § 312(d)(34)106 Stat. 3506Pub. L. 106–345, title IV114 Stat. 1350Pub. L. 108–173, title IX, § 900(e)(2)(G)117 Stat. 2372section 300ff–81 of this titleSection 300ff–75, , as added , , ; amended , , ; , §§ 413, 414, , , 1351; , , , related to coordination of Federal HIV programs. See .
act July 1, 1944, ch. 373, title XXVI, § 2675APub. L. 106–345, title IV, § 415114 Stat. 1351section 300ff–82 of this titleSection 300ff–75a, , as added , , , related to audits. See .
act July 1, 1944, ch. 373, title XXVI, § 2675BPub. L. 106–345, title IV, § 416114 Stat. 1351Section 300ff–75b, , as added , , , related to administrative simplification.
act July 1, 1944, ch. 373, title XXVI, § 2676Pub. L. 101–381, title IV, § 401104 Stat. 620Pub. L. 104–146, § 12(a)110 Stat. 1373section 300ff–88 of this titleSection 300ff–76, , as added , , ; amended , (c)(8), , , 1374, defined terms for this subchapter. See .
act July 1, 1944, ch. 373, title XXVI, § 2677Pub. L. 104–146, § 6(a)110 Stat. 1367Pub. L. 106–345, title IV, § 417114 Stat. 1352Section 300ff–77, , as added , , ; amended , , , authorized appropriations.
act July 1, 1944, ch. 373, title XXVI, § 2678Pub. L. 104–146, § 10110 Stat. 1373section 300ff–84 of this titleSection 300ff–78, , as added , , , prohibited promotion of certain activities. 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, § 11(b)Subsec. (a). , substituted “(directly or through contracts or memoranda of understanding)” for “(directly or through contracts)”.
Pub. L. 111–87, § 11(a)(2)Subsec. (g). , substituted “subsection (j)” for “subsection (i)”.
Pub. L. 111–87, § 11(a)(3)Subsec. (i). , added subsec. (i). Former subsec. (i) redesignated (j).
Pub. L. 111–87, § 2(e), inserted “, $75,390,000 for fiscal year 2010, $79,160,000 for fiscal year 2011, $83,117,000 for fiscal year 2012, and $87,273,000 for fiscal year 2013” before period at end.
Pub. L. 111–87, § 11(a)(1)Subsec. (j). , redesignated subsec. (i) as (j).
Pub. L. 109–415, § 703Pub. L. 111–87, § 2(a)(1)2006—, which directed repeal of this section effective , was itself repealed by , effective .
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. 111–87Pub. 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 sections 2(e) and 11 of 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 .