42 U.S.C. § 300ff51 - Establishment of a program

42 USC 300ff51 - Establishment of a program

(a) In general 
For the purposes described in subsection (b), the Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to public and nonprofit">nonprofit private entities specified in section 300ff–52 (a) of this title.
(b) Requirements 

(1) In general 
The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to expend the grant only for
(A) core medical services described in subsection (c);
(B) support services described in subsection (d); and
(C) administrative expenses as described in section 300ff–64 (g)(3) of this title.
(2) Early intervention services 
An applicant for a grant under subsection (a) shall expend not less than 50 percent of the amount received under the grant for the services described in subparagraphs (B) through (E) of subsection (e)(1) for individuals with HIV/AIDS.
(c) Required funding for core medical services 

(1) In general 
With respect to a grant under subsection (a) to an applicant for a fiscal year, the applicant shall, of the portion of the grant remaining after reserving amounts for purposes of paragraphs (3) and (5) of section 300ff–64 (g) of this title, use not less than 75 percent to provide core medical services that are needed in the area involved for individuals with HIV/AIDS who are identified and eligible under this subchapter (including services regarding the co-occurring conditions of the individuals).
(2) Waiver 

(A) The Secretary shall waive the application of paragraph (1) with respect to an applicant for a grant if the Secretary determines that, within the service area of the applicant
(i) there are no waiting lists for AIDS Drug Assistance Program services under section 300ff–26 of this title; and
(ii) core medical services are available to all individuals with HIV/AIDS identified and eligible under this subchapter.
(B) Notification of waiver status.— 
When informing an applicant that a grant under subsection (a) is being made for a fiscal year, the Secretary shall inform the applicant whether a waiver under subparagraph (A) is in effect for the fiscal year.
(3) Core medical services 
For purposes of this subsection, the term core medical services, with respect to an individual with HIV/AIDS (including the co-occurring conditions of the individual) means the following services:
(A) Outpatient and ambulatory health services.
(B) AIDS Drug Assistance Program treatments under section 300ff–26 of this title.
(C) AIDS pharmaceutical assistance.
(D) Oral health care.
(E) Early intervention services described in subsection (e).
(F) Health insurance premium and cost sharing assistance for low-income individuals in accordance with section 300ff–25 of this title.
(G) Home health care.
(H) Medical nutrition therapy.
(I) Hospice services.
(J) Home and community-based health services as defined under section 300ff–24 (c) of this title.
(K) Mental health services.
(L) Substance abuse outpatient care.
(M) Medical case management, including treatment adherence services.
(d) Support services 

(1) In general 
For purposes of this section, the term support services means services, subject to the approval of the Secretary, that are needed for individuals with HIV/AIDS to achieve their medical outcomes (such as respite care for persons caring for individuals with HIV/AIDS, outreach services, medical transportation, linguistic services, and referrals for health care and support services).
(2) Definition of medical outcomes 
In this section, the term medical outcomes means those outcomes affecting the HIV-related clinical status of an individual with HIV/AIDS.
(e) Specification of early intervention services 

(1) In general 
The early intervention services referred to in this section are
(A) counseling individuals with respect to HIV/AIDS in accordance with section 300ff–62 of this title;
(B) testing individuals with respect to HIV/AIDS, including tests to confirm the presence of the disease, tests to diagnose the extent of the deficiency in the immune system, and tests to provide information on appropriate therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from HIV/AIDS;
(C) referrals described in paragraph (2);
(D) other clinical and diagnostic services regarding HIV/AIDS, and periodic medical evaluations of individuals with HIV/AIDS; and
(E) providing the therapeutic measures described in subparagraph (B).
(2) Referrals 
The services referred to in paragraph (1)(C) are referrals of individuals with HIV/AIDS to appropriate providers of health and support services, including, as appropriate
(A) to entities receiving amounts under part A or B for the provision of such services;
(B) to biomedical research facilities of institutions of higher education that offer experimental treatment for such disease, or to community-based organizations or other entities that provide such treatment; or
(C) to grantees under section 300ff–71 of this title, in the case of a pregnant woman.
(3) Requirement of availability of all early intervention services through each grantee 

(A) In general 
The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees that each of the early intervention services specified in paragraph (2) will be available through the grantee. With respect to compliance with such agreement, such a grantee may expend the grant to provide the early intervention services directly, and may expend the grant to enter into agreements with public or nonprofit">nonprofit private entities, or private for-profit entities if such entities are the only available provider of quality HIV care in the area, under which the entities provide the services.
(B) Other requirements 
Grantees described in
(i) subparagraphs (A), (D), (E), and (F) of section 300ff–52 (a)(1) of this title shall use not less than 50 percent of the amount of such a grant to provide the services described in subparagraphs (A), (B), (D), and (E) of paragraph (1) directly and on-site or at sites where other primary care services are rendered; and
(ii) subparagraphs (B) and (C) of section 300ff–52 (a)(1) of this title shall ensure the availability of early intervention services through a system of linkages to community-based primary care providers, and to establish mechanisms for the referrals described in paragraph (1)(C), and for follow-up concerning such referrals.

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