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42 U.S.C. § 300ff–34 — Perinatal transmission of HIV/AIDS; contingent requirement regarding State grants under this part

submitted 82 years ago by Pub. L. 104-146 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 205 words · no verdicts yet

in plain englishAI-generated · not legal advice

Each State must track how often AIDS spreads from mother to baby. States must also look into what is causing that spread. The CDC built a reporting system in 1996 to help States collect this data.

(a) Annual determination of reported cases — Each State must figure out, every year, the rate of reported AIDS cases among its residents that came from perinatal transmission (mother to baby). (b) Causes of perinatal transmission — In figuring out that rate, a State must also determine what may be causing the transmission. Possible causes include: not enough prenatal counseling and testing that follows CDC guidelines within the State; not enough available or accepted therapy to reduce HIV transmission, whether because therapy is not offered to mothers, or because it is offered but mothers do not accept it; or other factors the State finds relevant, which may include a general lack of prenatal care. (c) CDC reporting system — Within four months of May 20, 1996, the CDC Director had to develop and put in place a system States use to meet the requirements of (a) and (b), along with guidelines to make sure the data collected is statistically valid.
the actual law source: uscode.house.gov ↗public domain
(a) Annual determination of reported cases

A State shall annually determine the rate of reported cases of AIDS as a result of perinatal transmission among residents of the State.

(b) Causes of perinatal transmission

In determining the rate under subsection (a), a State shall also determine the possible causes of perinatal transmission. Such causes may include—

(1)

the inadequate provision within the State of prenatal counseling and testing in accordance with the guidelines issued by the Centers for Disease Control and Prevention;

(2)

the inadequate provision or utilization within the State of appropriate therapy or failure of such therapy to reduce perinatal transmission of HIV, including—

(A)

that therapy is not available, accessible or offered to mothers; or

(B)

that available therapy is offered but not accepted by mothers; or

(3)

other factors (which may include the lack of prenatal care) determined relevant by the State.

(c) CDC reporting system

Not later than 4 months after May 20, 1996, the Director of the Centers for Disease Control and Prevention shall develop and implement a system to be used by States to comply with the requirements of subsections (a) and (b). The Director shall issue guidelines to ensure that the data collected is statistically valid.

Source credit: (July 1, 1944, ch. 373, title XXVI, § 2626, as added Pub. L. 104–146, § 7(b)(3), May 20, 1996, 110 Stat. 1369; amended Pub. L. 104–166, § 5(1), July 29, 1996, 110 Stat. 1449; Pub. L. 106–345, title II, § 211(1), Oct. 20, 2000, 114 Stat. 1339; Pub. L. 109–415, title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 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. 104-146 · 110 Stat. 1369
  • 1996Amended · Pub. L. 104-166 · 110 Stat. 1449
  • 2000Amended · Pub. L. 106-345 · 114 Stat. 1339
  • 2006Amended · Pub. L. 109-415 · 120 Stat. 2820
  • 2009Amended · Pub. L. 111-87 · 123 Stat. 2885

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-146 on 1944-07-01.

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