42 U.S.C. § 300FF
Section 300ff · Early diagnosis grant program
Current version, with additions and removals from the October 20, 2000 version.
Notwithstanding any other provision of law, a State shall, not later than 120 days after May 20, 1996, certify to the Secretary that such State has in effect regulations or measures to adopt the guidelines issued by the Centers for Disease Control and Prevention concerning recommendations for human immunodeficiency virus counseling and voluntary testing for pregnant women.
If a State does not provide the certification required under subsection (a) of this section within the 120-day period described in such subsection, such State shall not be eligible to receive assistance for HIV counseling and testing under this section until such certification is provided.
(1) In general
If a State provides the certification required in subsection (a) of this section and is receiving funds under this part for a fiscal year, the Secretary may (from the amounts available pursuant to paragraph (2)) make a grant to the State for the fiscal year for the following purposes:
(A) Making available to pregnant women appropriate counseling on HIV disease.
(B) Making available outreach efforts to pregnant women at high risk of HIV who are not currently receiving prenatal care.
(C) Making available to such women voluntary HIV testing for such disease.
(D) Offsetting other State costs associated with the implementation of this section and subsections (a) and (b) of section 300ff–34 of this title.
(E) Offsetting State costs associated with the implementation of mandatory newborn testing in accordance with this subchapter or at an earlier date than is required by this subchapter.
(F) Making available to pregnant women with HIV disease, and to the infants of women with such disease, treatment services for such disease in accordance with applicable recommendations of the Secretary.
(2) Funding
(A) Authorization of appropriations
For the purpose of carrying out this subsection, there are authorized to be appropriated $30,000,000 for each of the fiscal years 2001 through 2005. Amounts made available under section 300ff–77 of this title for carrying out this part are not available for carrying out this section unless otherwise authorized.
(B) Allocations for certain States
(i) In general
Of the amounts appropriated under subparagraph (A) for a fiscal year in excess of $10,000,000—
(I) the Secretary shall reserve the applicable percentage under clause (iv) for making grants under paragraph (1) both to States described in clause (ii) and States described in clause (iii); and
(II) the Secretary shall reserve the remaining amounts for other States, taking into consideration the factors described in subparagraph (C)(iii), except that this subclause does not apply to any State that for the fiscal year involved is receiving amounts pursuant to subclause (I).
(ii) Required testing of newborns
For purposes of clause (i)(I), the States described in this clause are States that under law (including under regulations or the discretion of State officials) have—
(I) a requirement that all newborn infants born in the State be tested for HIV disease and that the biological mother of each such infant, and the legal guardian of the infant (if other than the biological mother), be informed of the results of the testing; or
(II) a requirement that newborn infants born in the State be tested for HIV disease in circumstances in which the attending obstetrician for the birth does not know the HIV status of the mother of the infant, and that the biological mother of each such infant, and the legal guardian of the infant (if other than the biological mother), be informed of the results of the testing.
(iii) Most significant reduction in cases of perinatal transmission
For purposes of clause (i)(I), the States described in this clause are the following (exclusive of States described in clause (ii)), as applicable:
(I) For fiscal years 2001 and 2002, the two States that, relative to other States, have the most significant reduction in the rate of new cases of the perinatal transmission of HIV (as indicated by the number of such cases reported to the Director of the Centers for Disease Control and Prevention for the most recent periods for which the data are available).
(II) For fiscal years 2003 and 2004, the three States that have the most significant such reduction.
(III) For fiscal year 2005, the four States that have the most significant such reduction.
(iv) Applicable percentage
For purposes of clause (i), the applicable amount for a fiscal year is as follows:
(I) For fiscal year 2001, 33 percent.
(II) For fiscal year 2002, 50 percent.
(III) For fiscal year 2003, 67 percent.
(IV) For fiscal year 2004, 75 percent.
(V) For fiscal year 2005, 75 percent.
(C) Certain provisions
With respect to grants under paragraph (1) that are made with amounts reserved under subparagraph (B) of this paragraph:
(i) Such a grant may not be made in an amount exceeding $4,000,000.
(ii) If pursuant to clause (i) or pursuant to an insufficient number of qualifying applications for such grants (or both), the full amount reserved under subparagraph (B) for a fiscal year is not obligated, the requirement under such subparagraph to reserve amounts ceases to apply.
(iii) In the case of a State that meets the conditions to receive amounts reserved under subparagraph (B)(i)(II), the Secretary shall in making grants consider the following factors:
(I) The extent of the reduction in the rate of new cases of the perinatal transmission of HIV.
(II) The extent of the reduction in the rate of new cases of perinatal cases of acquired immune deficiency syndrome.
(III) The overall incidence of cases of infection with HIV among women of childbearing age.
(IV) The overall incidence of cases of acquired immune deficiency syndrome among women of childbearing age.
(V) The higher acceptance rate of HIV testing of pregnant women.
(VI) The extent to which women and children with HIV disease are receiving HIV-related health services.
(VII) The extent to which HIV-exposed children are receiving health services appropriate to such exposure.
(3) Priority
In awarding grants under this subsection the Secretary shall give priority to States that have the greatest proportion of HIV seroprevalance among child bearing women using the most recent data available as determined by the Centers for Disease Control and Prevention.
(4) Maintenance of effort
A condition for the receipt of a grant under paragraph (1) is that the State involved agree that the grant will be used to supplement and not supplant other funds available to the State to carry out the purposes of the grant.
In 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).
For 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:
Voluntary opt-out testing of pregnant women.
Universal testing of newborns.
Voluntary opt-out testing of clients at sexually transmitted disease clinics.
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.
A 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.
A 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.
A grant under subsection (a) to a State for a fiscal year may not be made in an amount exceeding $10,000,000.
Nothing in this section shall be construed to pre-empt State laws regarding HIV/AIDS counseling and testing.
In this section:
The term “voluntary opt-out testing” means HIV/AIDS testing—
that is administered to an individual seeking other health care services; and
in which—
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
for those individuals with a positive test result, post-test counseling (including referrals for care) is provided and confidentiality is protected.
The term “universal testing of newborns” means HIV/AIDS testing that is administered within 48 hours of delivery to—
all infants born in the State; or
all infants born in the State whose mother’s HIV/AIDS status is unknown at the time of delivery.
Of 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.