The Secretary shall not make a grant to a State under section 300ff-21 of this title for a fiscal year unless the State prepares and submits, to the Secretary, an application at such time, in such form, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out section 300ff-21 of this title.
The application submitted under subsection (a) shall contain-
The Secretary may not make a grant under section 300ff-21 of this title to a State unless the State provides assurances that in the provision of services with assistance provided under the grant-
With respect to compliance with the assurance made under paragraph (1), a grantee under section 300ff-21 of this title may, in the case of individuals subject to a charge for purposes of such paragraph-
The Secretary may not make a grant under section 300ff-21 of this title unless the applicant of the grant agrees that the limitations established in subparagraphs (C), (D), and (E) of paragraph (1) regarding the imposition of charges for services applies to the annual aggregate of charges imposed for such services, without regard to whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or other charges.
The State shall waive the requirements established in paragraphs (1) through (3) in the case of an entity that does not, in providing health care services, impose a charge or accept reimbursement from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.
A determination by the State 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.
In the case of any State to which the criterion described in paragraph (3) applies, the Secretary may not make a grant under section 300ff-21 of this title unless the State agrees that, with respect to the costs to be incurred by the State in carrying out the program for which the grant was awarded, the State will, subject to subsection (b)(2),4 make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount equal to-
Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
A State referred to in paragraph (1) is any State for which the number of cases of HIV/AIDS reported to and confirmed by the Director of the Centers for Disease Control and Prevention for the period described in subparagraph (B) constitutes in excess of 1 percent of the aggregate number of such cases reported to and confirmed by the Director for such period for the United States.
The period referred to in subparagraph (A) is the 2-year period preceding the fiscal year for which the State involved is applying to receive a grant under subsection (a).
For purposes of paragraph (1), the number of cases of HIV/AIDS reported and confirmed for the Commonwealth of Puerto Rico for any fiscal year shall be deemed to be less than 1 percent.
With respect to a State that does not make available the entire amount of the non-Federal contribution referred to in paragraph (1), the State shall continue to be eligible to receive Federal funds under a grant under section 300ff-21 of this title, except that the Secretary in providing Federal funds under the grant shall provide such funds (in accordance with the ratios prescribed in paragraph (1)) only with respect to the amount of funds contributed by such State.
1So in original. The period probably should be a semicolon.
2So in original. The word "and" probably should not appear.
3So in original. Probably should be "sections".
4See References in Text note below.
42 U.S.C. § 300ff-27
EDITORIAL NOTES
REFERENCES IN TEXTThe Social Security Act, referred to in subsec. (b)(5)(A)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XIX and XXI of the Act are classified generally to subchapters XIX (§1396 et seq.) and XXI (§1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. Subsection (b)(2), referred to in subsec. (d)(1), was redesignated subsec. (b)(4) by Pub. L. 106-345, title II, §205(a)(1), Oct. 20, 2000, 114 Stat. 1332, and then subsec. (b)(5) by Pub. L. 109-415, title II, §204(c)(2), Dec. 19, 2006, 120 Stat. 2796.
AMENDMENTS2009- Pub. L. 111-87, §2(a)(1), (3) (A), repealed Pub. L. 109-415, §703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below.Subsec. (b)(8). Pub. L. 111-87, §9, added par. (8).2006- Pub. L. 109-415, §703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 111-87, §2(a)(1), effective Sept, 30, 2009. Pub. L. 109-415, §204(a), substituted "section 300ff-21 of this title" for "this part" wherever appearing in subsecs. (a), (b), (c)(2), and (d).Subsec. (b). Pub. L. 109-415, §702(3), substituted "HIV/AIDS" for "HIV disease" wherever appearing.Subsec. (b)(4). Pub. L. 109-415, §204(c)(1)(B), added par. (4). Former par. (4) redesignated (5).Subsec. (b)(5). Pub. L. 109-415, §204(c)(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).Subsec. (b)(5)(G). Pub. L. 109-415, §204(c)(1)(C), added subpar. (G).Subsec. (b)(6). Pub. L. 109-415, §204(c)(2), inserted "members of a Federally recognized Indian tribe as represented in the State," before "representatives of grantees". Pub. L. 109-415, §204(c)(1)(A), redesignated par. (5) as (6). Former par. (6) redesignated (7).Subsec. (b)(7). Pub. L. 109-415, §204(c)(1)(A), redesignated par. (6) as (7). Subsec. (b)(7)(A). Pub. L. 109-415, §204(c)(1)(D), substituted "paragraph (6)" for "paragraph (5)" and "paragraph (5)" for "paragraph (4)". Subsec. (b)(7)(F)(ii). Pub. L. 109-415, §204(c)(3), inserted "(except for a program administered by or providing the services of the Indian Health Service)" before semicolon. Subsec. (d)(3)(A), (C). Pub. L. 109-415, §204(d), substituted "HIV/AIDS" for "acquired immune deficiency syndrome". 2000-Subsec. (b)(2), (3). Pub. L. 106-345, §205(a)(2), added pars. (2) and (3). Former pars. (2) and (3) redesignated (4) and (5), respectively.Subsec. (b)(4). Pub. L. 106-345, §205(a)(3)(A), (B), in introductory provisions substituted "comprehensive plan that describes the organization" for "comprehensive plan for the organization" and ",and that-" for ",including-". Pub. L. 106-345, §205(a)(1), redesignated par. (2) as (4). Former par. (4) redesignated (6).Subsec. (b)(4)(A) to (C). Pub. L. 106-345, §205(a)(3)(D), which directed the amendment of par. (4) by adding subpars. (A) to (C) "before subparagraph (C)", was executed by adding them before subpar. (D), to reflect the probable intent of Congress. Former subpars. (A) to (C) redesignated (D) to (F), respectively.Subsec. (b)(4)(D). Pub. L. 106-345, §205(a)(3)(C), (E), redesignated subpar. (A) as (D) and inserted "describes" before "the services and activities". Subsec. (b)(4)(E). Pub. L. 106-345, §205(a)(3)(C), (F), redesignated subpar. (B) as (E) and inserted "provides" before "a description". Subsec. (b)(4)(F). Pub. L. 106-345, §205(a)(3)(C), (G), redesignated subpar. (C) as (F) and inserted "provides" before "a description". Subsec. (b)(5). Pub. L. 106-345, §205(a)(1), (b) (1), redesignated par. (3) as (5) and substituted "HIV disease" for "HIV".Subsec. (b)(6). Pub. L. 106-345, §205(a)(1), redesignated par. (4) as (6). Subsec. (b)(6)(A). Pub. L. 106-345, §205(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the public health agency that is administering the grant for the State will conduct public hearings concerning the proposed use and distribution of the assistance to be received under this part;".Subsec. (b)(6)(G). Pub. L. 106-345, §205(c), added subpar. (G). 1996-Subsec. (b)(2)(C). Pub. L. 104-146, §3(c)(4)(A), added subpar. (C). Subsec. (b)(3). Pub. L. 104-146, §3(c)(4)(C), added par. (3). Former par. (3) redesignated (4). Subsec. (b)(4). Pub. L. 104-146, §3(c)(4)(B), redesignated par. (3) as (4). Subsec. (b)(4)(B)(iv). Pub. L. 104-146, §12(c)(3), which directed amendment of par. (3)(B)(iv) by inserting "section" before "300ff-25", was executed by making the amendment in par. (4)(B)(iv) to reflect the probable intent of Congress and the redesignation of par. (3) as (4) by Pub. L. 104-146, §3(c)(4)(B). See above.1992-Subsec. (d)(3)(A). Pub. L. 102-531 substituted "Centers for Disease Control and Prevention" for "Centers for Disease Control".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2009 AMENDMENT; REVIVAL OF SECTIONFor provisions that repeal by section 2(a)(1) of Pub. L. 111-87 of section 703 of Pub. L. 109-415 be effective Sept. 30, 2009, that the provisions of this section as in effect on Sept. 30, 2009, be revived, and that amendment by section 9 of Pub. L. 111-87 be applicable to this section as so revived and effective as if enacted on Sept. 30, 2009, see section 2(a)(2), (3) of Pub. L. 111-87 set out as a note under section 300ff-11 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-146 effective Oct. 1, 1996, see section 13 of Pub. L. 104-146 set out as a note under section 300ff-11 of this title.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- Service
- The term "Service" means the Public Health Service;