(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) of this subchapter;
(J) grantees under subpart II of part C of this subchapter;
(K) grantees under section
300ff–71 of this title, 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 In providing for a council for purposes of paragraph (1), a chief elected official receiving a grant under section
300ff–11 (a) of this title 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 In making a determination of whether to establish or designate a council under subparagraph (A), a chief elected official receiving a grant under section
300ff–11 (a) of this title 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;
(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; and
(ii) disparities in access and services among affected subpopulations and historically underserved communities;
(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) availability of other governmental and non-governmental resources, including the State medicaid plan under title XIX of the Social Security Act [
42 U.S.C.
1396 et seq.] and the State Childrens Health Insurance Program under title XXI of such Act [
42 U.S.C.
1397aa 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) develop a comprehensive plan for the organization and delivery of health and support services described in section
300ff–14 of this title 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); and
(iii) is compatible with any State or local plan for the provision of services to individuals with HIV/AIDS;
(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 of this subchapter;
(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 The planning council under paragraph (1) may not be directly involved in the administration of a grant under section
300ff–11 (a) of this title. 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 An 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 section
300ff–11 (a) of this title, 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) Not less than 33 percent of the council shall be individuals who are receiving HIV-related services pursuant to a grant under section
300ff–11 (a) of this title, 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) 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 of this subchapter but do not receive funds from grants under section
300ff–11 (a) of this title, on officers or employees of such entities, or on individuals who represent such entities.
(7) Public deliberations With respect to a planning council under paragraph (1), the following applies:
(A) The council may not be chaired solely by an employee of the grantee under section
300ff–11 (a) of this title.
(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.
