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42 U.S.C. § 300ff–22General use of grants

submitted 82 years ago by Pub. L. 101-381 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 925 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section tells states how to spend their HIV grant money. Most funds must go to core medical services like drugs and mental health care. The rest can pay for support services like transportation. States must also prioritize care for women, infants, children, and youth. States can't use the money for buildings, land, or direct cash payments.

(a) In general. A state may use grant money from section 300ff–21 for: (1) core medical services (subsection (b)); (2) support services (subsection (c)); and (3) administrative expenses (section 300ff–28(b)(3)). (b) Required funding for core medical services. (1) After setting aside money for two administrative purposes (under section 300ff–28(b)(3)(A) and (E)(ii)(I)), the state must spend at least 75 percent of what's left on core medical services needed by people with HIV/AIDS who qualify under this subchapter, including care for related conditions. (2) Waiver: the Secretary must excuse a state from the 75-percent rule for a year if the Secretary finds that, in that state, there's no waiting list for AIDS Drug Assistance Program services, and core medical services are available to everyone who qualifies. When notifying a state of its grant, the Secretary must say whether this waiver applies. (3) "Core medical services" means the same list as in section 300ff–14(c)(3): outpatient and ambulatory care; AIDS Drug Assistance Program treatments; AIDS pharmaceutical assistance; oral health care; early intervention services (subsection (d)); insurance premium and cost-sharing help for low-income people (section 300ff–25); home health care; medical nutrition therapy; hospice care; home and community-based health services (section 300ff–24(c)); mental health services; outpatient substance abuse care; and medical case management including treatment adherence help. (c) Support services. (1) "Support services" means Secretary-approved services that help people with HIV/AIDS reach good medical outcomes, like caregiver respite care, outreach, medical transportation, translation and interpreting, and referrals. (2) "Medical outcomes" means results affecting a person's HIV-related clinical status. (d) Early intervention services. (1) Same definition and entity list as in section 300ff–14(e) -- HIV/AIDS early intervention services under section 300ff–51(e), with follow-up referrals, offered through health departments, emergency rooms, treatment programs, detox centers, jails, STD clinics, shelters, testing sites, entry points the state names, health centers, and referral-network entities under section 300ff–52(a). (2) An entity may offer these services only if it shows the state's chief elected official that: (A) other funding is inadequate; and (B) grant money will add to, not replace, its other funding for that fiscal year. (e) Priority for women, infants, children, and youth. (1) The state must spend, on health and support services (including preventing mother-to-child HIV transmission) for infants, children, youth, and women, at least the share equal to each group's share of the area's total HIV/AIDS population, following the planning council's priorities, using money from grants under section 300ff–11(a). (2) Waiver: the Secretary can excuse a state from this for a given population if the state shows that group already gets HIV-related care through Medicaid, CHIP, or other federal or state programs. (f) Construction. A state can't use grant money to buy or improve land; to buy, build, or substantially remodel (beyond minor remodeling) a building; or to make cash payments directly to people receiving services.
the actual law source: uscode.house.gov ↗public domain
(a) In general

A State may use amounts provided under grants made under section 300ff–21 of this title for—

(1)

core medical services described in subsection (b);

(2)

support services described in subsection (c); and

(3)

administrative expenses described in section 300ff–28(b)(3) of this title.

(b) Required funding for core medical services
(1) In general

With respect to a grant under section 300ff–21 of this title for a State for a grant year, the State shall, of the portion of the grant remaining after reserving amounts for purposes of subparagraphs (A) and (E)(ii)(I) of section 300ff–28(b)(3) of this title, use not less than 75 percent to provide core medical services that are needed in the State 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) In general

The Secretary shall waive the application of paragraph (1) with respect to a State for a grant year if the Secretary determines that, within the State—

(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 a State that a grant under section 300ff–21 of this title is being made to the State for a fiscal year, the Secretary shall inform the State 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 infected 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 in accordance with section 300ff–26 of this title.

(C)

AIDS pharmaceutical assistance.

(D)

Oral health care.

(E)

Early intervention services described in subsection (d).

(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.

(c) Support services
(1) In general

For purposes of this subsection, 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 subsection, the term “medical outcomes” means those outcomes affecting the HIV-related clinical status of an individual with HIV/AIDS.

(d) Early intervention services
(1) In general

For purposes of this section, the term “early intervention services” means HIV/AIDS early intervention services described in section 300ff–51(e) of this title, with follow-up referral provided for the purpose of facilitating the access of individuals receiving the services to HIV-related health services. The entities through which such services may be provided under the grant include public health departments, emergency rooms, substance abuse and mental health treatment programs, detoxification centers, detention facilities, clinics regarding sexually transmitted diseases, homeless shelters, HIV/AIDS counseling and testing sites, health care points of entry specified by States, federally qualified health centers, and entities described in section 300ff–52(a) of this title that constitute a point of access to services by maintaining referral relationships.

(2) Conditions

With respect to an entity that proposes to provide early intervention services under paragraph (1), such paragraph shall apply only if the entity demonstrates to the satisfaction of the chief elected official for the State involved that—

(A)

Federal, State, or local funds are otherwise inadequate for the early intervention services the entity proposes to provide; and

(B)

the entity will expend funds pursuant to such subparagraph to supplement and not supplant other funds available to the entity for the provision of early intervention services for the fiscal year involved.

(e) Priority for women, infants, children, and youth
(1) In general

For the purpose of providing health and support services to infants, children, youth, and women with HIV/AIDS, including treatment measures to prevent the perinatal transmission of HIV, a State shall for each of such populations in the eligible area use, from the grants made for the area under section 300ff–11(a) of this title for a fiscal year, not less than the percentage constituted by the ratio of the population involved (infants, children, youth, or women in such area) with HIV/AIDS to the general population in such area of individuals with HIV/AIDS.

(2) Waiver

With respect to the population involved, the Secretary may provide to a State a waiver of the requirement of paragraph (1) if such State demonstrates to the satisfaction of the Secretary that the population is receiving HIV-related health services through the State medicaid program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], the State children’s health insurance program under title XXI of such Act [42 U.S.C. 1397aa et seq.], or other Federal or State programs.

(f) Construction

A State may not use amounts received under a grant awarded under section 300ff–21 of this title to purchase or improve land, or to purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or to make cash payments to intended recipients of services.

Source credit: (July 1, 1944, ch. 373, title XXVI, § 2612, as added Pub. L. 101–381, title II, § 201, Aug. 18, 1990, 104 Stat. 586; amended Pub. L. 104–146, § 3(c)(2), May 20, 1996, 110 Stat. 1354; Pub. L. 106–345, title II, § 202, title V, § 503(b), Oct. 20, 2000, 114 Stat. 1330, 1355; Pub. L. 109–415, title II, § 201(a), title VII, § 703, Dec. 19, 2006, 120 Stat. 2785, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 101-381 · 104 Stat. 586
  • 1996Amended · Pub. L. 104-146 · 110 Stat. 1354
  • 2000Amended · Pub. L. 106-345 · 114 Stat. 1330, 1355
  • 2006Amended · Pub. L. 109-415 · 120 Stat. 2785, 2820
  • 2009Amended · Pub. L. 111-87 · 123 Stat. 2885

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-381 on 1944-07-01.

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