42 USC 300ff-33 - Early diagnosis grant program

U.S Code last checked for updates: Feb 22, 2025

§ 300ff–33.

Early diagnosis grant program

(a)

In general

(b)

Description of compliant States

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:

(1)

(A)

Voluntary opt-out testing of pregnant women.

(B)

Universal testing of newborns.

(2)

(A)

Voluntary opt-out testing of clients at sexually transmitted disease clinics.

(B)

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.

(c)

Use of funds

(d)

Application

(e)

Limitation on amount of grant

(f)

Rule of construction

(g)

Definitions

In this section:

(1)

The term “voluntary opt-out testing” means HIV/AIDS testing—

(A)

that is administered to an individual seeking other health care services; and

(B)

in which—

(i)

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

(ii)

for those individuals with a positive test result, post-test counseling (including referrals for care) is provided and confidentiality is protected.

(2)

The term “universal testing of newborns” means HIV/AIDS testing that is administered within 48 hours of delivery to—

(A)

all infants born in the State; or

(B)

all infants born in the State whose mother’s HIV/AIDS status is unknown at the time of delivery.

(h)

Authorization of appropriations

(July 1, 1944, ch. 373, title XXVI, § 2625, as added Pub. L. 104–146, § 7(b)(3), May 20, 1996, 110 Stat. 1369; amended Pub. L. 106–345, title II, § 212(a), Oct. 20, 2000, 114 Stat. 1339; Pub. L. 109–415, title II, § 209, title VII, § 703, Dec. 19, 2006, 120 Stat. 2802, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

cite as: 42 USC 300ff-33