USC Subpart I

USC Subpart I
in effect

42 U.S.C. § 300ff–51 Establishment of a program

(a) In generalFor the purposes described in subsection (b), the Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to public and nonprofit private entities specified in section 300ff–52(a) of this title. (b) Requirements(1) In generalThe Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to expend the grant only for—(A) core medical services described in subsection (c); (B) support services described in subsection (d); and (C) administrative expenses as described in section 300ff–64(g)(3) of this title. (2) Early intervention servicesAn applicant for a grant under subsection (a) shall expend not less than 50 percent of the amount received under the grant for the services described in subparagraphs (B) through (E) of subsection (e)(1) for individuals with HIV/AIDS. (c) Required funding for core medical services(1) In generalWith respect to a grant under subsection (a) to an applicant for a fiscal year, the applicant shall, of the portion of the grant remaining after reserving amounts for purposes of paragraphs (3) and (5) of section 300ff–64(g) of this title, use not less than 75 percent to provide core medical services that are needed in the area involved 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) The Secretary shall waive the application of paragraph (1) with respect to an applicant for a grant if the Secretary determines that, within the service area of the applicant—(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 an applicant that a grant under subsection (a) is being made for a fiscal year, the Secretary shall inform the applicant whether a waiver under subparagraph (A) is in effect for the fiscal year. (3) Core medical servicesFor purposes of this subsection, the term “core medical services”, with respect to an individual 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 under section 300ff–26 of this title. (C) AIDS pharmaceutical assistance. (D) Oral health care. (E) Early intervention services described in subsection (e). (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. (d) Support services(1) In generalFor purposes of this section, 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 outcomesIn this section, the term “medical outcomes” means those outcomes affecting the HIV-related clinical status of an individual with HIV/AIDS. (e) Specification of early intervention services(1) In generalThe early intervention services referred to in this section are—(A) counseling individuals with respect to HIV/AIDS in accordance with section 300ff–62 of this title; (B) testing individuals with respect to HIV/AIDS, including tests to confirm the presence of the disease, tests to diagnose the extent of the deficiency in the immune system, and tests to provide information on appropriate therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from HIV/AIDS; (C) referrals described in paragraph (2); (D) other clinical and diagnostic services regarding HIV/AIDS, and periodic medical evaluations of individuals with HIV/AIDS; and (E) providing the therapeutic measures described in subparagraph (B). (2) ReferralsThe services referred to in paragraph (1)(C) are referrals of individuals with HIV/AIDS to appropriate providers of health and support services, including, as appropriate—(A) to entities receiving amounts under part A or B for the provision of such services; (B) to biomedical research facilities of institutions of higher education that offer experimental treatment for such disease, or to community-based organizations or other entities that provide such treatment; or (C) to grantees under section 300ff–71 of this title, in the case of a pregnant woman. (3) Requirement of availability of all early intervention services through each grantee(A) In generalThe Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees that each of the early intervention services specified in paragraph (2) will be available through the grantee. With respect to compliance with such agreement, such a grantee may expend the grant to provide the early intervention services directly, and may expend the grant to enter into agreements with public or nonprofit private entities, or private for-profit entities if such entities are the only available provider of quality HIV care in the area, under which the entities provide the services. (B) Other requirementsGrantees described in—(i) subparagraphs (A), (D), (E), and (F) of section 300ff–52(a)(1) of this title shall use not less than 50 percent of the amount of such a grant to provide the services described in subparagraphs (A), (B), (D), and (E) of paragraph (1) directly and on-site or at sites where other primary care services are rendered; and (ii) subparagraphs (B) and (C) of section 300ff–52(a)(1) of this title shall ensure the availability of early intervention services through a system of linkages to community-based primary care providers, and to establish mechanisms for the referrals described in paragraph (1)(C), and for follow-up concerning such referrals.

42 U.S.C. § 300ff–52 Minimum qualifications of grantees

(a) Eligible entities(1) In generalThe entities referred to in section 300ff–51(a) of this title are public entities and nonprofit private entities that are—(A) federally-qualified health centers under section 1905(l)(2)(B) of the Social Security Act [42 U.S.C. 1396d(l)(2)(B)]; (B) grantees under section 300 of this title (regarding family planning) other than States; (C) comprehensive hemophilia diagnostic and treatment centers; (D) rural health clinics; (E) health facilities operated by or pursuant to a contract with the Indian Health Service; (F) community-based organizations, clinics, hospitals and other health facilities that provide early intervention services to those persons infected with HIV/AIDS through intravenous drug use; or (G) nonprofit private entities that provide comprehensive primary care services to populations at risk of HIV/AIDS, including faith-based and community-based organizations. (2) Underserved populationsEntities described in paragraph (1) shall serve underserved populations which may include minority populations and Native American populations, ex-offenders, individuals with comorbidities including hepatitis B or C, mental illness, or substance abuse, low-income populations, inner city populations, and rural populations. (b) Status as medicaid provider(1) In generalSubject to paragraph (2), the Secretary may not make a grant under section 300ff–51 of this title for the provision of services described in subsection (b) of such section in a State unless, in the case of any such service that is available pursuant to the State plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for the State—(A) the applicant for the grant will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or (B) the applicant for the grant will enter into an agreement with a public or nonprofit private entity, or a private for-profit entity if such entity is the only available provider of quality HIV care in the area, under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments. (2) Waiver regarding certain secondary agreements(A) In the case of an entity making an agreement pursuant to paragraph (1)(B) regarding the provision of services, the requirement established in such paragraph regarding a participation agreement shall be waived by the Secretary if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. (B) A determination by the Secretary of whether an entity referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations regarding the provision of services to the public.

42 U.S.C. § 300ff–53 Preferences in making grants

(a) In generalIn making grants under section 300ff–51 of this title, the Secretary shall give preference to any qualified applicant experiencing an increase in the burden of providing services regarding HIV/AIDS, as indicated by the factors specified in subsection (b). (b) Specification of factors(1) In generalIn the case of the geographic area with respect to which the entity involved is applying for a grant under section 300ff–51 of this title, the factors referred to in subsection (a), as determined for the period specified in paragraph (2), are—(A) the number of cases of HIV/AIDS; (B) the rate of increase in such cases; (C) the lack of availability of early intervention services; (D) the number of other cases of sexually transmitted diseases, and 11 So in original. The word “and” probably should not appear. the number of cases of tuberculosis and of drug abuse 22 So in original. A comma probably should appear. and the number of cases of individuals co-infected with HIV/AIDS and hepatitis B or C; (E) the rate of increase in each of the cases specified in subparagraph (D); (F) the lack of availability of primary health services from providers other than such applicant; and (G) the distance between such area and the nearest community that has an adequate level of availability of appropriate HIV-related services, and the length of time required to travel such distance. (2) Relevant period of timeThe period referred to in paragraph (1) is the 2-year period preceding the fiscal year for which the entity involved is applying to receive a grant under section 300ff–51 of this title. (c) Equitable allocationsIn providing preferences for purposes of subsection (b), the Secretary shall equitably allocate the preferences among urban and rural areas. (d) Certain areasOf the applicants who qualify for preference under this section—(1) the Secretary shall give preference to applicants that will expend the grant under section 300ff–51 of this title to provide early intervention under such section in rural areas; and (2) the Secretary shall give preference to areas that are underserved with respect to such services.

42 U.S.C. § 300ff–54 Miscellaneous provisions

(a) Services for individuals with hemophiliaIn making grants under section 300ff–51 of this title, the Secretary shall ensure that any such grants made regarding the provision of early intervention services to individuals with hemophilia are made through the network of comprehensive hemophilia diagnostic and treatment centers. (b) Technical assistanceThe Secretary may, directly or through grants or contracts, provide technical assistance to nonprofit private entities regarding the process of submitting to the Secretary applications for grants under section 300ff–51 of this title, and may provide technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to such section. (c) Planning and development grants(1) In generalThe Secretary may provide planning grants to public and nonprofit private entities for purposes of—(A) enabling such entities to provide early intervention services; and (B) assisting the entities in expanding their capacity to provide HIV/AIDS-related health services, including early intervention services, in low-income communities and affected subpopulations that are underserved with respect to such services (subject to the condition that a grant pursuant to this subparagraph may not be expended to purchase or improve land, or to purchase, construct, or permanently improve, other than minor remodeling, any building or other facility). (2) RequirementThe Secretary may only award a grant to an entity under paragraph (1) if the Secretary determines that the entity will use such grant to assist the entity in qualifying for a grant under section 300ff–51 of this title. (3) PreferenceIn awarding grants under paragraph (1), the Secretary shall give preference to entities that provide primary care services in rural areas or to underserved populations. (4) Amount and duration of grants(A) Early intervention servicesA grant under paragraph (1)(A) may be made in an amount not to exceed $50,000. (B) Capacity development(i) AmountA grant under paragraph (1)(B) may be made in an amount not to exceed $150,000. (ii) DurationThe total duration of a grant under paragraph (1)(B), including any renewal, may not exceed 3 years. (5) LimitationNot to exceed 5 percent of the amount appropriated for a fiscal year under section 300ff–55 of this title may be used to carry out this section.

42 U.S.C. § 300ff–55 Authorization of appropriations

For the purpose of making grants under section 300ff–51 of this title, there are authorized to be appropriated, $218,600,000 for fiscal year 2007, $226,700,000 for fiscal year 2008, $235,100,000 for fiscal year 2009, $246,855,000 for fiscal year 2010, $259,198,000 for fiscal year 2011, $272,158,000 for fiscal year 2012, and $285,766,000 for fiscal year 2013.

Starting a business? Corpus forms LLCs in all 50 states and DC.