42 U.S.C. § 300ff–33 — Early diagnosis grant program

(a) In general — The Secretary, acting through the CDC, gives grants to States whose laws or regulations meet the requirements in (b), for the purposes described in (c). (b) Description of compliant States — A State qualifies if it has both policies in group (1) — voluntary opt-out testing for pregnant women, and universal testing of newborns — or both policies in group (2) — voluntary opt-out testing for clients at sexually transmitted disease clinics, and voluntary opt-out testing for clients at substance abuse treatment centers. The Secretary must periodically confirm these policies are actually being carried out and recertify compliance. (c) Use of funds — A State may spend this grant on HIV/AIDS testing (including rapid testing), prevention counseling, treating newborns exposed to HIV/AIDS, treating mothers infected with HIV/AIDS, and connecting diagnosed people to ongoing care and treatment. (d) Application — An eligible State must apply to the Secretary in whatever form, manner, and with whatever information the Secretary requires. (e) Limitation on amount of grant — A single State's grant for a fiscal year cannot exceed $10,000,000. (f) Rule of construction — Nothing here overrides a State's own laws on HIV/AIDS counseling and testing. (g) Definitions — "Voluntary opt-out testing" means testing given to someone seeking other health care, where pre-test counseling is not required — the person is just told they will be tested and may opt out — and anyone who tests positive gets post-test counseling (including referrals) with confidentiality protected. "Universal testing of newborns" means testing given within 48 hours of delivery, either to every infant born in the State or to every infant whose mother's HIV status is unknown at delivery. (h) Authorization of appropriations — For fiscal years 2007 through 2009, $30,000,000 a year from the CDC's HIV/AIDS prevention funding must go to these grants — $20,000,000 to States with the pregnant-women/newborn policies, and $10,000,000 to States with the clinic policies. This money does not expire until spent.