§ 300ff–34.
Perinatal transmission of HIV/AIDS; contingent requirement regarding State grants under this part
(b)
Causes of perinatal transmission
In determining the rate under subsection (a), a State shall also determine the possible causes of perinatal transmission. Such causes may include—
(1)
the inadequate provision within the State of prenatal counseling and testing in accordance with the guidelines issued by the Centers for Disease Control and Prevention;
(2)
the inadequate provision or utilization within the State of appropriate therapy or failure of such therapy to reduce perinatal transmission of HIV, including—
(A)
that therapy is not available, accessible or offered to mothers; or
(B)
that available therapy is offered but not accepted by mothers; or
(3)
other factors (which may include the lack of prenatal care) determined relevant by the State.
([July 1, 1944, ch. 373], title XXVI, § 2626, as added [Pub. L. 104–146, § 7(b)(3)], May 20, 1996, [110 Stat. 1369]; amended [Pub. L. 104–166, § 5(1)], July 29, 1996, [110 Stat. 1449]; [Pub. L. 106–345, title II, § 211(1)], Oct. 20, 2000, [114 Stat. 1339]; [Pub. L. 109–415, title VII], §§ 702(3), 703, Dec. 19, 2006, [120 Stat. 2820]; [Pub. L. 111–87, § 2(a)(1)], (3)(A), Oct. 30, 2009, [123 Stat. 2885].)