In the case of States whose laws or regulations are in accordance with subsection (b), the Secretary, acting through the Centers for Disease Control and Prevention, shall make grants to such States for the purposes described in subsection (c).
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.
A State may use funds provided under subsection (a) for HIV/AIDS testing (including rapid testing), prevention counseling, treatment of newborns exposed to HIV/AIDS, treatment of mothers infected with HIV/AIDS, and costs associated with linking those diagnosed with HIV/AIDS to care and treatment for HIV/AIDS.
A State that is eligible for the grant under subsection (a) shall submit an application to the Secretary, in such form, in such manner, and containing such information as the Secretary may require.
A grant under subsection (a) to a State for a fiscal year may not be made in an amount exceeding $10,000,000.
Nothing in this section shall be construed to pre-empt State laws regarding HIV/AIDS counseling and testing.
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.
Of the funds appropriated annually to the Centers for Disease Control and Prevention for HIV/AIDS prevention activities, $30,000,000 shall be made available for each of the fiscal years 2007 through 2009 for grants under subsection (a), of which $20,000,000 shall be made available for grants to States with the policies described in subsection (b)(1), and $10,000,000 shall be made available for grants to States with the policies described in subsection (b)(2). Funds provided under this section are available until expended.
(July 1, 1944, ch. 373, title XXVI, §2625, as added
2009—
2006—
2000—Subsec. (c)(1)(F).
Subsec. (c)(2).
Subsec. (c)(4).
For provisions that repeal by section 2(a)(1) of
Section effective Oct. 1, 1996, see section 13 of
"(1) Research studies and statewide clinical experiences have demonstrated that administration of anti-retroviral medication during pregnancy can significantly reduce the transmission of the human immunodeficiency virus (commonly known as HIV) from an infected mother to her baby.
"(2) The Centers for Disease Control and Prevention have recommended that all pregnant women receive HIV counseling; voluntary, confidential HIV testing; and appropriate medical treatment (including anti-retroviral therapy) and support services.
"(3) The provision of such testing without access to such counseling, treatment, and services will not improve the health of the woman or the child.
"(4) The provision of such counseling, testing, treatment, and services can reduce the number of pediatric cases of acquired immune deficiency syndrome, can improve access to and provision of medical care for the woman, and can provide opportunities for counseling to reduce transmission among adults, and from mother to child.
"(5) The provision of such counseling, testing, treatment, and services can reduce the overall cost of pediatric cases of acquired immune deficiency syndrome.
"(6) The cancellation or limitation of health insurance or other health coverage on the basis of HIV status should be impermissible under applicable law. Such cancellation or limitation could result in disincentives for appropriate counseling, testing, treatment, and services.
"(7) For the reasons specified in paragraphs (1) through (6)—
"(A) routine HIV counseling and voluntary testing of pregnant women should become the standard of care; and
"(B) the relevant medical organizations as well as public health officials should issue guidelines making such counseling and testing the standard of care."
A State shall annually determine the rate of reported cases of AIDS as a result of perinatal transmission among residents of the State.
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.
Not later than 4 months after May 20, 1996, the Director of the Centers for Disease Control and Prevention shall develop and implement a system to be used by States to comply with the requirements of subsections (a) and (b). The Director shall issue guidelines to ensure that the data collected is statistically valid.
(July 1, 1944, ch. 373, title XXVI, §2626, as added
2009—
2006—
2000—Subsecs. (d) to (f).
1996—Subsec. (d).
Subsec. (f).
For provisions that repeal by section 2(a)(1) of
Section effective May 20, 1996, see section 13(b) of
Section 300ff–35, act July 1, 1944, ch. 373, title XXVI, §2627, as added
Section 300ff–36, act July 1, 1944, ch. 373, title XXVI, §2628, as added
Nothing in this subpart shall be construed to disqualify a State from receiving grants under this subchapter if such State has established at any time prior to or after May 20, 1996, a program of mandatory HIV testing.
(July 1, 1944, ch. 373, title XXVI, §2627, formerly §2629, as added
A prior section 2627 of act July 1, 1944, was classified to
2009—
2006—
For provisions that repeal by section 2(a)(1) of
Section effective Oct. 1, 1996, see section 13 of
The Secretary shall request the Institute of Medicine to enter into an agreement with the Secretary under which such Institute conducts a study to provide the following:
(A) For the most recent fiscal year for which the information is available, a determination of the number of newborn infants with HIV born in the United States with respect to whom the attending obstetrician for the birth did not know the HIV status of the mother.
(B) A determination for each State of any barriers, including legal barriers, that prevent or discourage an obstetrician from making it a routine practice to offer pregnant women an HIV test and a routine practice to test newborn infants for HIV/AIDS in circumstances in which the obstetrician does not know the HIV status of the mother of the infant.
(C) Recommendations for each State for reducing the incidence of cases of the perinatal transmission of HIV, including recommendations on removing the barriers identified under subparagraph (B).
If such Institute declines to conduct the study, the Secretary shall enter into an agreement with another appropriate public or nonprofit private entity to conduct the study.
The Secretary shall ensure that, not later than 18 months after the effective date of this section, the study required in paragraph (1) is completed and a report describing the findings made in the study is submitted to the appropriate committees of the Congress, the Secretary, and the chief public health official of each of the States.
In fiscal year 2004, the Secretary shall collect information from the States describing the actions taken by the States toward meeting the recommendations specified for the States under subsection (a)(1)(C).
The Secretary shall submit to the appropriate committees of the Congress reports describing the information collected under subsection (b).
(July 1, 1944, ch. 373, title XXVI, §2628, as added
The effective date of this section, referred to in subsec. (a)(2), is Oct. 20, 2000. See section 601 of
A prior section 2628 of act July 1, 1944, was classified to
2009—
2006—
Subsec. (a)(1)(B).
For provisions that repeal by section 2(a)(1) of