{"identifier":"/us/usc/t42/s300ff\u201326","title":42,"num":"\u00a7\u202f300ff\u201326.","heading":"Provision of treatments","text":"\u00a7\u202f300ff\u201326.\nProvision of treatments\n(a)\nIn general\nA State shall use a portion of the amounts provided under a grant awarded under\nsection 300ff\u201321 of this title\nsection 300ff\u201322(b)(3)(B) of this title\n(b)\nEligible individual\nTo be eligible to receive assistance from a State under this section an individual shall\u2014\n(1) have a medical diagnosis of HIV/AIDS; and\n(2) be a low-income individual, as defined by the State.\n(c)\nState duties\nIn carrying out this section the State shall\u2014\n(1) ensure that the therapeutics included on the list of classes of core antiretroviral therapeutics established by the Secretary under subsection (e) are, at a minimum, the treatments provided by the State pursuant to this section;\n(2) provide assistance for the purchase of treatments determined to be eligible under paragraph (1), and the provision of such ancillary devices that are essential to administer such treatments;\n(3) provide outreach to individuals with HIV/AIDS, and as appropriate to the families of such individuals;\n(4) facilitate access to treatments for such individuals;\n(5) document the progress made in making therapeutics described in subsection (a) available to individuals eligible for assistance under this section; and\n(6) encourage, support, and enhance adherence to and compliance with treatment regimens, including related medical monitoring.\nOf the amount reserved by a State for a fiscal year for use under this section, the State may not use more than 5 percent to carry out services under paragraph (6), except that the percentage applicable with respect to such paragraph is 10 percent if the State demonstrates to the Secretary that such additional services are essential and in no way diminish access to the therapeutics described in subsection (a).\n(d)\nDuties of Secretary\nIn carrying out this section, the Secretary shall review the current status of State drug reimbursement programs established under section 300ff\u201322(2)\n1\n1 See References in Text note below.\n(e)\nList of classes of core antiretroviral therapeutics\nFor purposes of subsection (c)(1), the Secretary shall develop and maintain a list of classes of core antiretroviral therapeutics, which list shall be based on the therapeutics included in the guidelines of the Secretary known as the Clinical Practice Guidelines for Use of HIV/AIDS Drugs, relating to drugs needed to manage symptoms associated with HIV. The preceding sentence does not affect the authority of the Secretary to modify such Guidelines.\n(f)\nUse of health insurance and plans\n(1)\nIn general\nIn carrying out subsection (a), a State may expend a grant under\nsection 300ff\u201321 of this title\n(2)\nLimitation\nThe authority established in paragraph (1) applies only to the extent that, for the fiscal year involved, the costs of the health insurance or plans to be purchased or maintained under such paragraph do not exceed the costs of otherwise providing therapeutics described in subsection (a).\n(g)\nDrug rebate program\nA State shall ensure that any drug rebates received on drugs purchased from funds provided pursuant to this section are applied to activities supported under this subpart, with priority given to activities described under this section.","url":"https://projectusc.org/usc/t42/s300ff\u201326.html","content":[{"t":"sec","id":"/us/usc/t42/s300ff\u201326","children":[{"t":"num","text":"\u00a7\u202f300ff\u201326."},{"t":"heading","text":"Provision of treatments"},{"t":"subsec","id":"/us/usc/t42/s300ff\u201326/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"A State shall use a portion of the amounts provided under a grant awarded under ","children":[{"t":"ref","text":"section 300ff\u201321 of this title","href":"/us/usc/t42/s300ff\u201321","tail":" to establish a program under "},{"t":"ref","text":"section 300ff\u201322(b)(3)(B) of this title","href":"/us/usc/t42/s300ff\u201322/b/3/B","tail":" to provide therapeutics to treat HIV/AIDS or prevent the serious deterioration of health arising from HIV/AIDS in eligible individuals, including measures for the prevention and treatment of opportunistic infections."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300ff\u201326/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Eligible individual"},{"t":"chapeau","text":"To be eligible to receive assistance from a State under this section an individual shall\u2014"},{"t":"para","id":"/us/usc/t42/s300ff\u201326/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" have a medical diagnosis of HIV/AIDS; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ff\u201326/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" be a low-income individual, as defined by the State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300ff\u201326/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"State duties"},{"t":"chapeau","text":"In carrying out this section the State shall\u2014"},{"t":"para","id":"/us/usc/t42/s300ff\u201326/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" ensure that the therapeutics included on the list of classes of core antiretroviral therapeutics established by the Secretary under subsection (e) are, at a minimum, the treatments provided by the State pursuant to this section;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ff\u201326/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" provide assistance for the purchase of treatments determined to be eligible under paragraph (1), and the provision of such ancillary devices that are essential to administer such treatments;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ff\u201326/c/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" provide outreach to individuals with HIV/AIDS, and as appropriate to the families of such individuals;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ff\u201326/c/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" facilitate access to treatments for such individuals;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ff\u201326/c/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" document the progress made in making therapeutics described in subsection (a) available to individuals eligible for assistance under this section; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ff\u201326/c/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" encourage, support, and enhance adherence to and compliance with treatment regimens, including related medical monitoring.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"Of the amount reserved by a State for a fiscal year for use under this section, the State may not use more than 5 percent to carry out services under paragraph (6), except that the percentage applicable with respect to such paragraph is 10 percent if the State demonstrates to the Secretary that such additional services are essential and in no way diminish access to the therapeutics described in subsection (a).","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300ff\u201326/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Duties of Secretary"},{"t":"content","children":[{"t":"p","text":"In carrying out this section, the Secretary shall review the current status of State drug reimbursement programs established under section 300ff\u201322(2)\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of this title and assess barriers to the expanded availability of the treatments described in subsection (a). The Secretary shall also examine the extent to which States coordinate with other grantees under this subchapter to reduce barriers to the expanded availability of the treatments described in subsection (a)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300ff\u201326/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"List of classes of core antiretroviral therapeutics"},{"t":"content","children":[{"t":"p","text":"For purposes of subsection (c)(1), the Secretary shall develop and maintain a list of classes of core antiretroviral therapeutics, which list shall be based on the therapeutics included in the guidelines of the Secretary known as the Clinical Practice Guidelines for Use of HIV/AIDS Drugs, relating to drugs needed to manage symptoms associated with HIV. The preceding sentence does not affect the authority of the Secretary to modify such Guidelines.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300ff\u201326/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Use of health insurance and plans"},{"t":"para","id":"/us/usc/t42/s300ff\u201326/f/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"In carrying out subsection (a), a State may expend a grant under ","children":[{"t":"ref","text":"section 300ff\u201321 of this title","href":"/us/usc/t42/s300ff\u201321","tail":" to provide the therapeutics described in such subsection by paying on behalf of individuals with HIV/AIDS the costs of purchasing or maintaining health insurance or plans whose coverage includes a full range of such therapeutics and appropriate primary care services."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ff\u201326/f/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Limitation"},{"t":"content","children":[{"t":"p","text":"The authority established in paragraph (1) applies only to the extent that, for the fiscal year involved, the costs of the health insurance or plans to be purchased or maintained under such paragraph do not exceed the costs of otherwise providing therapeutics described in subsection (a).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300ff\u201326/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Drug rebate program"},{"t":"content","children":[{"t":"p","text":"A State shall ensure that any drug rebates received on drugs purchased from funds provided pursuant to this section are applied to activities supported under this subpart, with priority given to activities described under this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}