42 USC 300ff-14 - Use of amounts

U.S Code last checked for updates: Apr 25, 2025

§ 300ff–14.

Use of amounts

(a)

Requirements

The Secretary may not make a grant under section 300ff–11(a) of this title to the chief elected official of an eligible area unless such political subdivision agrees that—

(1)

subject to paragraph (2), the allocation of funds and services within the eligible area will be made in accordance with the priorities established, pursuant to section 300ff–12(b)(4)(C) of this title, by the HIV health services planning council that serves such eligible area;

(2)

funds provided under section 300ff–11 of this title will be expended only for—

(A)

core medical services described in subsection (c);

(B)

support services described in subsection (d); and

(C)

administrative expenses described in subsection (h); and

(3)

the use of such funds will comply with the requirements of this section.

(b)

Direct financial assistance to appropriate entities

(1)

In general

(2)

Appropriate entities

(c)

Required funding for core medical services

(1)

In general

(2)

Waiver

(A)

In general

(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

(3)

Core medical services

For 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 in accordance with 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 general

(2)

Medical outcomes

(e)

Early intervention services

(1)

In general

(2)

Conditions

With respect to an entity that proposes to provide early intervention services under paragraph (1), such paragraph shall apply only if the entity demonstrates to the satisfaction of the chief elected official for the eligible area involved that—

(A)

Federal, State, or local funds are otherwise inadequate for the early intervention services the entity proposes to provide; and

(B)

the entity will expend funds pursuant to such paragraph to supplement and not supplant other funds available to the entity for the provision of early intervention services for the fiscal year involved.

(f)

Priority for women, infants, children, and youth

(1)

In general

(2)

Waiver

(g)

Requirement of status as medicaid provider

(1)

Provision of service

Subject to paragraph (2), the Secretary may not make a grant under section 300ff–11(a) of this title for the provision of services under this 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 political subdivision involved will provide the service directly, and the political subdivision has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or

(B)

the political subdivision will enter into an agreement with a public or nonprofit private entity 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

(A)

In general

(B)

Determination

(h)

Administration

(1)

Limitation

(2)

Allocations by chief elected official

(3)

Administrative activities

For purposes of paragraph (1), amounts may be used for administrative activities that include—

(A)

routine grant administration and monitoring activities, including the development of applications for part A funds, the receipt and disbursal of program funds, the development and establishment of reimbursement and accounting systems, the development of a clinical quality management program as described in paragraph (5), the preparation of routine programmatic and financial reports, and compliance with grant conditions and audit requirements; and

(B)

all activities associated with the grantee’s contract award procedures, including the activities carried out by the HIV health services planning council as established under section 300ff–12(b) of this title, the development of requests for proposals, contract proposal review activities, negotiation and awarding of contracts, monitoring of contracts through telephone consultation, written documentation or onsite visits, reporting on contracts, and funding reallocation activities.

(4)

Subcontractor administrative activities

For the purposes of this subsection, subcontractor administrative activities include—

(A)

usual and recognized overhead activities, including established indirect rates for agencies;

(B)

management oversight of specific programs funded under this subchapter; and

(C)

other types of program support such as quality assurance, quality control, and related activities.

(5)

Clinical quality management

(A)

Requirement

(B)

Use of funds

(i)

In general

From amounts received under a grant awarded under this subpart for a fiscal year, the chief elected official of an eligible area may use for activities associated with the clinical quality management program required in subparagraph (A) not to exceed the lesser of—

(I)

5 percent of amounts received under the grant; or

(II)

$3,000,000.

(ii)

Relation to limitation on administrative expenses

(i)

Construction

(July 1, 1944, ch. 373, title XXVI, § 2604, as added Pub. L. 101–381, title I, § 101(3), Aug. 18, 1990, 104 Stat. 580; amended Pub. L. 103–446, title XII, § 1203(a)(3), Nov. 2, 1994, 108 Stat. 4689; Pub. L. 104–146, § 3(b)(4), May 20, 1996, 110 Stat. 1351; Pub. L. 106–345, title I, § 121, Oct. 20, 2000, 114 Stat. 1326; Pub. L. 109–415, title I, §§ 105, 107(b), title VII, § 703, Dec. 19, 2006, 120 Stat. 2776, 2783, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

cite as: 42 USC 300ff-14