{"identifier":"/us/usc/t42/s300ff\u201352","title":42,"num":"\u00a7\u202f300ff\u201352.","heading":"Minimum qualifications of grantees","text":"\u00a7\u202f300ff\u201352.\nMinimum qualifications of grantees\n(a)\nEligible entities\n(1)\nIn general\nThe entities referred to in\n(A) federally-qualified health centers under section 1905(\nl\n42 U.S.C. 1396d\nl\n(B) grantees under\nsection 300 of this title\n(C) comprehensive hemophilia diagnostic and treatment centers;\n(D) rural health clinics;\n(E) health facilities operated by or pursuant to a contract with the Indian Health Service;\n(F) community-based organizations, clinics, hospitals and other health facilities that provide early intervention services to those persons infected with HIV/AIDS through intravenous drug use; or\n(G) nonprofit private entities that provide comprehensive primary care services to populations at risk of HIV/AIDS, including faith-based and community-based organizations.\n(2)\nUnderserved populations\nEntities described in paragraph (1) shall serve underserved populations which may include minority populations and Native American populations, ex-offenders, individuals with comorbidities including hepatitis B or C, mental illness, or substance abuse, low-income populations, inner city populations, and rural populations.\n(b)\nStatus as medicaid provider\n(1)\nIn general\nSubject to paragraph (2), the Secretary may not make a grant under\n(A) the applicant for the grant will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or\n(B) the applicant for the grant will enter into an agreement with a public or nonprofit private entity, or a private for-profit entity if such entity is the only available provider of quality HIV care in the area, under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments.\n(2)\nWaiver regarding certain secondary agreements\n(A) In the case of an entity making an agreement pursuant to paragraph (1)(B) regarding the provision of services, the requirement established in such paragraph regarding a participation agreement shall be waived by the Secretary if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.\n(B) A determination by the Secretary of whether an entity referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations regarding the provision of services to the public.","url":"https://projectusc.org/usc/t42/s300ff\u201352.html","content":[{"t":"sec","id":"/us/usc/t42/s300ff\u201352","children":[{"t":"num","text":"\u00a7\u202f300ff\u201352."},{"t":"heading","text":"Minimum qualifications of grantees"},{"t":"subsec","id":"/us/usc/t42/s300ff\u201352/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Eligible entities"},{"t":"para","id":"/us/usc/t42/s300ff\u201352/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The entities referred to in ","children":[{"t":"ref","text":"section 300ff\u201351(a) of this title","href":"/us/usc/t42/s300ff\u201351/a","tail":" are public entities and nonprofit private entities that are\u2014"}]},{"t":"subpara","id":"/us/usc/t42/s300ff\u201352/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" federally-qualified health centers under section 1905(","children":[{"t":"text","text":"l","tail":")(2)(B) of the Social Security Act ["},{"t":"ref","text":"42 U.S.C. 1396d","href":"/us/usc/t42/s1396d","tail":"("},{"t":"text","text":"l","tail":")(2)(B)];"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ff\u201352/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" grantees under ","children":[{"t":"ref","text":"section 300 of this title","href":"/us/usc/t42/s300","tail":" (regarding family planning) other than States;"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ff\u201352/a/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" comprehensive hemophilia diagnostic and treatment centers;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ff\u201352/a/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" rural health clinics;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ff\u201352/a/1/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" health facilities operated by or pursuant to a contract with the Indian Health Service;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ff\u201352/a/1/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" community-based organizations, clinics, hospitals and other health facilities that provide early intervention services to those persons infected with HIV/AIDS through intravenous drug use; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ff\u201352/a/1/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" nonprofit private entities that provide comprehensive primary care services to populations at risk of HIV/AIDS, including faith-based and community-based organizations.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ff\u201352/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Underserved populations"},{"t":"content","children":[{"t":"p","text":"Entities described in paragraph (1) shall serve underserved populations which may include minority populations and Native American populations, ex-offenders, individuals with comorbidities including hepatitis B or C, mental illness, or substance abuse, low-income populations, inner city populations, and rural populations.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300ff\u201352/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Status as medicaid provider"},{"t":"para","id":"/us/usc/t42/s300ff\u201352/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Subject to paragraph (2), the Secretary may not make a grant under ","children":[{"t":"ref","text":"section 300ff\u201351 of this title","href":"/us/usc/t42/s300ff\u201351","tail":" for the provision of services described in subsection (b) of such section in a State unless, in the case of any such service that is available pursuant to the State plan approved under title XIX of the Social Security Act ["},{"t":"ref","text":"42 U.S.C. 1396","href":"/us/usc/t42/s1396","tail":" et seq.] for the State\u2014"}]},{"t":"subpara","id":"/us/usc/t42/s300ff\u201352/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the applicant for the grant will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ff\u201352/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the applicant for the grant will enter into an agreement with a public or nonprofit private entity, or a private for-profit entity if such entity is the only available provider of quality HIV care in the area, under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ff\u201352/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Waiver regarding certain secondary agreements"},{"t":"subpara","id":"/us/usc/t42/s300ff\u201352/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" In the case of an entity making an agreement pursuant to paragraph (1)(B) regarding the provision of services, the requirement established in such paragraph regarding a participation agreement shall be waived by the Secretary if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ff\u201352/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" A determination by the Secretary of whether an entity referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations regarding the provision of services to the public.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}