104 STAT. 598 PUBLIC LAW 101-381—AUG. 18, 1990 for each of the fiscal years 1991 through 1995 make an allotment for each State in an amount determined in accordance with section 2649. The Secretary shall make payments, as grants, to each State from the allotment for the State for the fiscal year involved if the Secretary approves for the fiscal year an application submitted by the State pursuant to section 2665. " (b) PURPOSES OF GRANTS.— "(1) IN GENERAL.—The Secretary may not make a grant under subsection (a) unless the State involved agrees to expend the grant for the purposes of providing, on an outpatient basis, each of the early intervention services specified in paragraph (2) with respect to HIV disease. " (2) SPECIFICATION OF EARLY INTERVENTION SERVICES. —The early intervention services referred to in paragraph (1) are— "(A) counseling individuals with respect to HIV disease in accordance with section 2662; "(B) testing individuals with respect to such disease, including tests to confirm the presence of the disease, tests to diagnose the extent of the deficiency in the immune system, and tests to provide information on appropriate therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from the disease; "(C) referrals described in paragraph (3); "(D) other clinical and diagnostic services with respect to HIV disease, and periodic medical evaluations of individuals with the disease; and "(E) providing the therapeutic measures described in subparagraph (B). "(3) REFERRALS.— The services referred to in paragraph (2)(C) are referrals of individuals with HIV disease to appropriate providers of health and support services, including, as appropriate— "(A) to entities receiving amounts under part A or B for the provision of such services; "(B) to biomedical research facilities of institutions of higher education that offer experimental treatment for such disease, or to community-based organizations or other entities that provide such treatment; or "(C) to grantees under section 2671, in the case of pregnant women. " (4) REQUIREMENT OF AVAILABILITY OF ALL EARLY INTERVEN- TION SERVICES THROUGH EACH GRANTEE. — The Secretary may not make a grant under subsection (a) unless the State involved agrees that each of the early intervention services specified in paragraph (2) will be available through the State. With respect to compliance with such agreement, a State may expend the grant to provide the early intervention services directly, and may expend the grant to enter into agreements with public or nonprofit private entities under which the entities provide the services. "(5) OPTIONAL SERVICES.— A State receiving a grant under subsection (a)— "(A) may expend not more than 5 percent of the grant to provide early intervention services through making grants to hospitals that—
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