42 USC 300ff-12 - Administration and planning council

U.S Code last checked for updates: Nov 22, 2024

§ 300ff–12.

Administration and planning council

(a)

Administration

(1)

In general

(2)

Requirements

(A)

In general

To receive assistance under section 300ff–11(a) of this title, the chief elected official of the eligible area involved shall—

(i)

establish, through intergovernmental agreements with the chief elected officials of the political subdivisions described in subparagraph (B), an administrative mechanism to allocate funds and services based on—

(I)

the number of AIDS cases in such subdivisions;

(II)

the severity of need for outpatient and ambulatory care services in such subdivisions; and

(III)

the health and support services personnel needs of such subdivisions; and

(ii)

establish an HIV health services planning council in accordance with subsection (b).

(B)

Local political subdivision

The political subdivisions referred to in subparagraph (A) are those political subdivisions in the eligible area—

(i)

that provide HIV-related health services; and

(ii)

for which the number of cases reported for purposes of section 300ff–11(a) of this title constitutes not less than 10 percent of the number of such cases reported for the eligible area.

(b)

HIV health services planning council

(1)

Establishment

(2)

Representation

The HIV health services planning council shall include representatives of—

(A)

health care providers, including federally qualified health centers;

(B)

community-based organizations serving affected populations and AIDS service organizations;

(C)

social service providers, including providers of housing and homeless services;

(D)

mental health and substance abuse providers;

(E)

local public health agencies;

(F)

hospital planning agencies or health care planning agencies;

(G)

affected communities, including people with HIV/AIDS, members of a Federally recognized Indian tribe as represented in the population, individuals co-infected with hepatitis B or C and historically underserved groups and subpopulations;

(H)

nonelected community leaders;

(I)

State government (including the State medicaid agency and the agency administering the program under part B);

(J)

grantees under subpart II 1

 See References in Text note below.

of part C;

(K)

grantees under section 300ff–71 of this title, or, if none are operating in the area, representatives of organizations with a history of serving children, youth, women, and families living with HIV and operating in the area;

(L)

grantees under other Federal HIV programs, including but not limited to providers of HIV prevention services; and

(M)

representatives of individuals who formerly were Federal, State, or local prisoners, were released from the custody of the penal system during the preceding 3 years, and had HIV/AIDS as of the date on which the individuals were so released.

(3)

Method of providing for council

(A)

In general

(B)

Consideration regarding designation of council

(4)

Duties

The planning council established or designated under paragraph (1) shall—

(A)

determine the size and demographics of the population of individuals with HIV/AIDS, as well as the size and demographics of the estimated population of individuals with HIV/AIDS who are unaware of their HIV status;

(B)

determine the needs of such population, with particular attention to—

(i)

individuals with HIV/AIDS who know their HIV status and are not receiving HIV-related services;

(ii)

disparities in access and services among affected subpopulations and historically underserved communities; and

(iii)

individuals with HIV/AIDS who do not know their HIV status;

(C)

establish priorities for the allocation of funds within the eligible area, including how best to meet each such priority and additional factors that a grantee should consider in allocating funds under a grant based on the—

(i)

size and demographics of the population of individuals with HIV/AIDS (as determined under subparagraph (A)) and the needs of such population (as determined under subparagraph (B));

(ii)

demonstrated (or probable) cost effectiveness and outcome effectiveness of proposed strategies and interventions, to the extent that data are reasonably available;

(iii)

priorities of the communities with HIV/AIDS for whom the services are intended;

(iv)

coordination in the provision of services to such individuals with programs for HIV prevention and for the prevention and treatment of substance abuse, including programs that provide comprehensive treatment for such abuse;

(v)

availability of other governmental and non-governmental resources, including the State medicaid plan under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] and the State Children’s Health Insurance Program under title XXI of such Act [42 U.S.C. 1397aa et seq.] to cover health care costs of eligible individuals and families with HIV/AIDS; and

(vi)

capacity development needs resulting from disparities in the availability of HIV-related services in historically underserved communities;

(D)

develop a comprehensive plan for the organization and delivery of health and support services described in section 300ff–14 of this title that—

(i)

includes a strategy for identifying individuals who know their HIV status and are not receiving such services and for informing the individuals of and enabling the individuals to utilize the services, giving particular attention to eliminating disparities in access and services among affected subpopulations and historically underserved communities, and including discrete goals, a timetable, and an appropriate allocation of funds;

(ii)

includes a strategy to coordinate the provision of such services with programs for HIV prevention (including outreach and early intervention) and for the prevention and treatment of substance abuse (including programs that provide comprehensive treatment services for such abuse);

(iii)

is compatible with any State or local plan for the provision of services to individuals with HIV/AIDS; and

(iv)

includes a strategy, coordinated as appropriate with other community strategies and efforts, including discrete goals, a timetable, and appropriate funding, for identifying individuals with HIV/AIDS who do not know their HIV status, making such individuals aware of such status, and enabling such individuals to use the health and support services described in section 300ff–14 of this title, with particular attention to reducing barriers to routine testing and disparities in access and services among affected subpopulations and historically underserved communities;

(E)

assess the efficiency of the administrative mechanism in rapidly allocating funds to the areas of greatest need within the eligible area, and at the discretion of the planning council, assess the effectiveness, either directly or through contractual arrangements, of the services offered in meeting the identified needs;

(F)

participate in the development of the statewide coordinated statement of need initiated by the State public health agency responsible for administering grants under part B;

(G)

establish methods for obtaining input on community needs and priorities which may include public meetings (in accordance with paragraph (7)), conducting focus groups, and convening ad-hoc panels; and

(H)

coordinate with Federal grantees that provide HIV-related services within the eligible area.

(5)

Conflicts of interest

(A)

In general

(B)

Required agreements

(C)

Composition of council

The following applies regarding the membership of a planning council under paragraph (1):

(i)

Not less than 33 percent of the council shall be individuals who are receiving HIV-related services pursuant to a grant under section 300ff–11(a) of this title, are not officers, employees, or consultants to any entity that receives amounts from such a grant, and do not represent any such entity, and reflect the demographics of the population of individuals with HIV/AIDS as determined under paragraph (4)(A). For purposes of the preceding sentence, an individual shall be considered to be receiving such services if the individual is a parent of, or a caregiver for, a minor child who is receiving such services.

(ii)

With respect to membership on the planning council, clause (i) may not be construed as having any effect on entities that receive funds from grants under any of parts B through F but do not receive funds from grants under section 300ff–11(a) of this title, on officers or employees of such entities, or on individuals who represent such entities.

(6)

Grievance procedures

(7)

Public deliberations

With respect to a planning council under paragraph (1), the following applies:

(A)

The council may not be chaired solely by an employee of the grantee under section 300ff–11(a) of this title.

(B)

In accordance with criteria established by the Secretary:

(i)

The meetings of the council shall be open to the public and shall be held only after adequate notice to the public.

(ii)

The records, reports, transcripts, minutes, agenda, or other documents which were made available to or prepared for or by the council shall be available for public inspection and copying at a single location.

(iii)

Detailed minutes of each meeting of the council shall be kept. The accuracy of all minutes shall be certified to by the chair of the council.

(iv)

This subparagraph does not apply to any disclosure of information of a personal nature that would constitute a clearly unwarranted invasion of personal privacy, including any disclosure of medical information or personnel matters.

(c)

Grievance procedures

(1)

Federal responsibility

(A)

Models

(B)

Review

(2)

Grantees

(d)

Process for establishing allocation priorities

Promptly after the date of the submission of the report required in section 501(b) of the Ryan White CARE Act Amendments of 2000 (relating to the relationship between epidemiological measures and health care for certain individuals with HIV/AIDS), the Secretary, in consultation with planning councils and entities that receive amounts from grants under section 300ff–11(a) or 300ff–21 of this title, shall develop epidemiologic measures—

for establishing the number of individuals living with HIV/AIDS who are not receiving HIV-related health services; and

(2)

for carrying out the duties under subsection (b)(4) and section 300ff–27(b) of this title.

(e)

Training guidance and materials

(July 1, 1944, ch. 373, title XXVI, § 2602, as added Pub. L. 101–381, title I, § 101(3), Aug. 18, 1990, 104 Stat. 577; amended Pub. L. 102–531, title III, § 312(d)(26), Oct. 27, 1992, 106 Stat. 3505; Pub. L. 104–146, § 3(b)(1), May 20, 1996, 110 Stat. 1347; Pub. L. 106–345, title I, §§ 101–102(c), 103, Oct. 20, 2000, 114 Stat. 1320–1323; Pub. L. 109–415, title I, §§ 106(b), 107(b), title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 2780, 2783, 2820; Pub. L. 111–87, §§ 2(a)(1), (3)(A), 6(a), Oct. 30, 2009, 123 Stat. 2885, 2891.)

cite as: 42 USC 300ff-12