USC Subpart II

in effect

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

(a) In generalIn the case of States whose laws or regulations are in accordance with subsection (b), the Secretary, acting through the Centers for Disease Control and Prevention, shall make grants to such States for the purposes described in subsection (c). (b) Description of compliant StatesFor purposes of subsection (a), the laws or regulations of a State are in accordance with this subsection if, under such laws or regulations (including programs carried out pursuant to the discretion of State officials), both of the policies described in paragraph (1) are in effect, or both of the policies described in paragraph (2) are in effect, as follows:(1)(A) Voluntary opt-out testing of pregnant women. (B) Universal testing of newborns. (2)(A) Voluntary opt-out testing of clients at sexually transmitted disease clinics. (B) Voluntary opt-out testing of clients at substance abuse treatment centers. The Secretary shall periodically ensure that the applicable policies are being carried out and recertify compliance. (c) Use of fundsA State may use funds provided under subsection (a) for HIV/AIDS testing (including rapid testing), prevention counseling, treatment of newborns exposed to HIV/AIDS, treatment of mothers infected with HIV/AIDS, and costs associated with linking those diagnosed with HIV/AIDS to care and treatment for HIV/AIDS. (d) ApplicationA State that is eligible for the grant under subsection (a) shall submit an application to the Secretary, in such form, in such manner, and containing such information as the Secretary may require. (e) Limitation on amount of grantA grant under subsection (a) to a State for a fiscal year may not be made in an amount exceeding $10,000,000. (f) Rule of constructionNothing in this section shall be construed to pre-empt State laws regarding HIV/AIDS counseling and testing. (g) DefinitionsIn this section:(1) The term “voluntary opt-out testing” means HIV/AIDS testing—(A) that is administered to an individual seeking other health care services; and (B) in which—(i) pre-test counseling is not required but the individual is informed that the individual will receive an HIV/AIDS test and the individual may opt out of such testing; and (ii) for those individuals with a positive test result, post-test counseling (including referrals for care) is provided and confidentiality is protected. (2) The term “universal testing of newborns” means HIV/AIDS testing that is administered within 48 hours of delivery to—(A) all infants born in the State; or (B) all infants born in the State whose mother’s HIV/AIDS status is unknown at the time of delivery. (h) Authorization of appropriationsOf the funds appropriated annually to the Centers for Disease Control and Prevention for HIV/AIDS prevention activities, $30,000,000 shall be made available for each of the fiscal years 2007 through 2009 for grants under subsection (a), of which $20,000,000 shall be made available for grants to States with the policies described in subsection (b)(1), and $10,000,000 shall be made available for grants to States with the policies described in subsection (b)(2). Funds provided under this section are available until expended.

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

(a) Annual determination of reported casesA 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 transmissionIn 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 systemNot 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.

42 U.S.C. § 300ff–37 State HIV testing programs established prior to or after May 20, 1996

Nothing in this subpart shall be construed to disqualify a State from receiving grants under this subchapter if such State has established at any time prior to or after May 20, 1996, a program of mandatory HIV testing.

42 U.S.C. § 300ff–37a Recommendations for reducing incidence of perinatal transmission

(a) Study by Institute of Medicine(1) In generalThe Secretary shall request the Institute of Medicine to enter into an agreement with the Secretary under which such Institute conducts a study to provide the following:(A) For the most recent fiscal year for which the information is available, a determination of the number of newborn infants with HIV born in the United States with respect to whom the attending obstetrician for the birth did not know the HIV status of the mother. (B) A determination for each State of any barriers, including legal barriers, that prevent or discourage an obstetrician from making it a routine practice to offer pregnant women an HIV test and a routine practice to test newborn infants for HIV/AIDS in circumstances in which the obstetrician does not know the HIV status of the mother of the infant. (C) Recommendations for each State for reducing the incidence of cases of the perinatal transmission of HIV, including recommendations on removing the barriers identified under subparagraph (B). If such Institute declines to conduct the study, the Secretary shall enter into an agreement with another appropriate public or nonprofit private entity to conduct the study. (2) ReportThe Secretary shall ensure that, not later than 18 months after the effective date of this section, the study required in paragraph (1) is completed and a report describing the findings made in the study is submitted to the appropriate committees of the Congress, the Secretary, and the chief public health official of each of the States. (b) Progress toward recommendationsIn fiscal year 2004, the Secretary shall collect information from the States describing the actions taken by the States toward meeting the recommendations specified for the States under subsection (a)(1)(C). (c) Submission of reports to CongressThe Secretary shall submit to the appropriate committees of the Congress reports describing the information collected under subsection (b).