§ 300ff–27.
(b)
Description of intended uses and agreements
The application submitted under subsection (a) shall contain—
(1)
a detailed description of the HIV-related services provided in the State to individuals and families with HIV/AIDS during the year preceding the year for which the grant is requested, and the number of individuals and families receiving such services, that shall include—
(A)
a description of the types of programs operated or funded by the State for the provision of HIV-related services during the year preceding the year for which the grant is requested and the methods utilized by the State to finance such programs;
(B)
an accounting of the amount of funds that the State has expended for such services and programs during the year preceding the year for which the grant is requested; and
(C)
information concerning—
(i)
the number of individuals to be served with assistance provided under the grant;
(ii)
demographic data on the population of the individuals to be served;
(iii)
the average cost of providing each category of HIV-related health services and the extent to which such cost is paid by third-party payors; and
(iv)
the aggregate amounts expended for each such category of services;
(2)
a determination of the size and demographics of the population of individuals with HIV/AIDS in the State;
(3)
a determination of the needs of such population, with particular attention to—
(A)
individuals with HIV/AIDS who know their HIV status and are not receiving HIV-related services; and
(B)
disparities in access and services among affected subpopulations and historically underserved communities;
(4)
the designation of a lead State agency that shall—
(A)
administer all assistance received under this part;
(B)
conduct the needs assessment and prepare the State plan under paragraph (3);
(C)
prepare all applications for assistance under this part;
(D)
receive notices with respect to programs under this subchapter;
(E)
every 2 years, collect and submit to the Secretary all audits, consistent with Office of Management and Budget circular A133, from grantees within the State, including audits regarding funds expended in accordance with this part; and
(F)
carry out any other duties determined appropriate by the Secretary to facilitate the coordination of programs under this subchapter.
1
So in original. The period probably should be a semicolon.
(5)
a comprehensive plan that describes the organization and delivery of HIV health care and support services to be funded with assistance received under
section 300ff–21 of this title that shall include a description of the purposes for which the State intends to use such assistance, and that—
(A)
establishes priorities for the allocation of funds within the State based on—
(i)
size and demographics of the population of individuals with HIV/AIDS (as determined under paragraph (2)) and the needs of such population (as determined under paragraph (3));
(ii)
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;
(iii)
capacity development needs resulting from disparities in the availability of HIV-related services in historically underserved communities and rural communities; and
(iv)
the efficiency of the administrative mechanism of the State for rapidly allocating funds to the areas of greatest need within the State;
(B)
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;
(C)
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);
(D)
describes the services and activities to be provided and an explanation of the manner in which the elements of the program to be implemented by the State with such assistance will maximize the quality of health and support services available to individuals with HIV/AIDS throughout the State;
(E)
provides a description of the manner in which services funded with assistance provided under
section 300ff–21 of this title will be coordinated with other available related services for individuals with HIV/AIDS;
(F)
provides a description of how the allocation and utilization of resources are consistent with the statewide coordinated statement of need (including traditionally underserved populations and subpopulations) developed in partnership with other grantees in the State that receive funding under this subchapter; and
(G)
includes key outcomes to be measured by all entities in the State receiving assistance under this subchapter; and
2
So in original. The word “and” probably should not appear.
(6)
an assurance that the public health agency administering the grant for the State will periodically convene a meeting of individuals with HIV/AIDS, members of a Federally recognized Indian tribe as represented in the State, representatives of grantees under each part under this subchapter, providers, and public agency representatives for the purpose of developing a statewide coordinated statement of need;
(7)
an assurance by the State that—
(A)
the public health agency that is administering the grant for the State engages in a public advisory planning process, including public hearings, that includes the participants under paragraph (6), and the types of entities described in
section 300ff–12(b)(2) of this title, in developing the comprehensive plan under paragraph (5) and commenting on the implementation of such plan;
(B)
the State will—
(i)
to the maximum extent practicable, ensure that HIV-related health care and support services delivered pursuant to a program established with assistance provided under
section 300ff–21 of this title will be provided without regard to the ability of the individual to pay for such services and without regard to the current or past health condition of the individual with HIV/AIDS;
(ii)
ensure that such services will be provided in a setting that is accessible to low-income individuals with HIV/AIDS;
(iii)
provide outreach to low-income individuals with HIV/AIDS to inform such individuals of the services available under
section 300ff–21 of this title; and
(iv)
in the case of a State that intends to use amounts provided under the grant for purposes described in
section 300ff–25 of this title, submit a plan to the Secretary that demonstrates that the State has established a program that assures that—
(I)
such amounts will be targeted to individuals who would not otherwise be able to afford health insurance coverage; and
(II)
income, asset, and medical expense criteria will be established and applied by the State to identify those individuals who qualify for assistance under such program, and information concerning such criteria shall be made available to the public;
(C)
the State will provide for periodic independent peer review to assess the quality and appropriateness of health and support services provided by entities that receive funds from the State under
section 300ff–21 of this title;
(E)
the State will maintain HIV-related activities at a level that is equal to not less than the level of such expenditures by the State for the 1-year period preceding the fiscal year for which the State is applying to receive a grant under
section 300ff–21 of this title;
(F)
the State will ensure that grant funds are not utilized to make payments for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service—
(i)
under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or
(ii)
by an entity that provides health services on a prepaid basis (except for a program administered by or providing the services of the Indian Health Service); and
(G)
entities within areas in which activities under the grant are carried out will maintain appropriate relationships with entities in the area served that constitute key points of access to the health care system for individuals with HIV/AIDS (including emergency rooms, substance abuse treatment programs, detoxification centers, adult and juvenile detention facilities, sexually transmitted disease clinics, HIV counseling and testing sites, mental health programs, and homeless shelters), and other entities under section
3
So in original. Probably should be “sections”.
300ff–22(c) and 300ff–52(a) of this title, for the purpose of facilitating early intervention for individuals newly diagnosed with HIV/AIDS and individuals knowledgeable of their HIV status but not in care; and
(8)
a comprehensive plan—
(B)
describing the estimated number of individuals within the State with HIV/AIDS who do not know their status;
(C)
describing activities undertaken by the State to find the individuals described in subparagraph (A) and to make such individuals aware of their status;
(D)
describing the manner in which the State will provide undiagnosed individuals who are made aware of their status with access to medical treatment for their HIV/AIDS; and
(E)
describing efforts to remove legal barriers, including State laws and regulations, to routine testing.
([July 1, 1944, ch. 373], title XXVI, § 2617, as added [Pub. L. 101–381, title II, § 201], Aug. 18, 1990, [104 Stat. 590]; amended [Pub. L. 102–531, title III, § 312(d)(29)], Oct. 27, 1992, [106 Stat. 3506]; [Pub. L. 104–146], §§ 3(c)(4), 12(c)(3), May 20, 1996, [110 Stat. 1355], 1373; [Pub. L. 106–345, title II, § 205], Oct. 20, 2000, [114 Stat. 1332]; [Pub. L. 109–415, title II, § 204(a)], (c), (d), title VII, §§ 702(3), 703, Dec. 19, 2006, [120 Stat. 2796], 2797, 2820; [Pub. L. 111–87], §§ 2(a)(1), (3)(A), 9, Oct. 30, 2009, [123 Stat. 2885], 2895.)