42 U.S.C. § 300k — Establishment of program of grants to States

submitted 82 years ago by Pub. L. 101-354 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 586 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can give states competitive grants to screen women for breast and cervical cancer. Grants also fund treatment referrals, education, training, and quality monitoring for these screenings. States may prioritize nonprofit providers, and the government coordinates a plan to cut cancer deaths by 2020.

(a) The grant program: Acting through the Director of the Centers for Disease Control and Prevention, the Secretary may award states competitive grants for programs that (1) screen women for breast and cervical cancer, (2) refer screened women for treatment and provide follow-up and support services like case management, (3) create and share public information and education about detecting and controlling these cancers, (4) improve health professionals' training and skills in detecting and controlling these cancers, (5) let states monitor the quality of screening procedures, including how results are interpreted, and (6) evaluate all of that work through surveillance and program monitoring. (b) How states can use the money: A state can pass its grant along through sub-grants or contracts with public and private organizations. If a nonprofit and a for-profit organization both apply to a state for the same funding, the state may favor the nonprofit's application when the two applications are of equal quality. And a state can't pay a provider more for a screening procedure than Medicare Part B would pay for the same service. (c) Extra consideration for some states: Starting with grants first awarded for fiscal year 1995 or later, the Secretary must give special consideration to a state whose proposal was approved through peer review and targets areas with either a high death rate from breast or cervical cancer, or a high rate of new cases. (d) Coordinating committee: The Secretary, through the CDC Director, must set up a committee to coordinate Public Health Service agencies (and other relevant federal agencies) working toward the Secretary's goals for cutting breast and cervical cancer deaths by the year 2020. The committee is made up of federal officers or employees that each agency's head assigns to represent it, plus any other public or private representatives the Secretary thinks should be included.

the actual law source: uscode.house.gov ↗public domain

(a) In general

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs—

(1)

to screen women for breast and cervical cancer as a preventive health measure;

(2)

to provide appropriate referrals for medical treatment of women screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services and support services such as case management;

(3)

to develop and disseminate public information and education programs for the detection and control of breast and cervical cancer;

(4)

to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of breast and cervical cancer;

(5)

to establish mechanisms through which the States can monitor the quality of screening procedures for breast and cervical cancer, including the interpretation of such procedures; and

(6)

to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program-monitoring activities.

(b) Grant and contract authority of States

(1) In general

A State receiving a grant under subsection (a) may, subject to paragraphs (2) and (3), expend the grant to carry out the purpose described in such subsection through grants to public and nonprofit private entities and through contracts with public and private entities.

(2) Certain applications

If a nonprofit private entity and a private entity that is not a nonprofit entity both submit applications to a State to receive an award of a grant or contract pursuant to paragraph (1), the State may give priority to the application submitted by the nonprofit private entity in any case in which the State determines that the quality of such application is equivalent to the quality of the application submitted by the other private entity.

(3) Payments for screenings

The amount paid by a State to an entity under this subsection for a screening procedure under subsection (a)(1) may not exceed the amount that would be paid under part B of title XVIII of the Social Security Act [42 U.S.C. 1395j et seq.] if payment were made under such part for furnishing the procedure to a woman enrolled under such part.

In making grants under subsection (a) to States whose initial grants under such subsection are made for fiscal year 1995 or any subsequent fiscal year, the Secretary shall give special consideration to any State whose proposal for carrying out programs under such subsection—

(1)

has been approved through a process of peer review; and

(2)

is made with respect to geographic areas in which there is—

(A)

a substantial rate of mortality from breast or cervical cancer; or

(B)

a substantial incidence of either of such cancers.

(d) Coordinating committee regarding year 2020 health objectives

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a committee to coordinate the activities of the agencies of the Public Health Service (and other appropriate Federal agencies) that are carried out toward achieving the objectives established by the Secretary for reductions in the rate of mortality from breast and cervical cancer in the United States by the year 2020. Such committee shall be comprised of Federal officers or employees designated by the heads of the agencies involved to serve on the committee as representatives of the agencies, and such representatives from other public or private entities as the Secretary determines to be appropriate.

Source credit: (July 1, 1944, ch. 373, title XV, § 1501, as added Pub. L. 101–354, § 2, Aug. 10, 1990, 104 Stat. 409; amended Pub. L. 103–43, title XX, § 2008(c)(1), June 10, 1993, 107 Stat. 211; Pub. L. 103–183, title I, § 101(a), (b), (f), (g)(1), Dec. 14, 1993, 107 Stat. 2227–2229; Pub. L. 105–340, title II, § 203(a), (b), Oct. 31, 1998, 112 Stat. 3194; Pub. L. 105–392, title IV, § 401(b)(5), Nov. 13, 1998, 112 Stat. 3587; Pub. L. 110–18, § 2(1), Apr. 20, 2007, 121 Stat. 80.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 101-354 · 104 Stat. 409
1993Amended · Pub. L. 103-43 · 107 Stat. 211
1993Amended · Pub. L. 103-183 · 107 Stat. 2227
1998Amended · Pub. L. 105-340 · 112 Stat. 3194
1998Amended · Pub. L. 105-392 · 112 Stat. 3587
2007Amended · Pub. L. 110-18 · 121 Stat. 80

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-354 on 1944-07-01.

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