Page:United States Statutes at Large Volume 110 Part 2.djvu/579

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PUBLIC LAW 104-146—MAY 20, 1996 110 STAT. 1371 "(f) LIMITATION REGARDING AVAILABILITY OF FUNDS.— With respect to an activity described in any of paragraphs (1) through (5) of section 2627, the requirements established by a State under this section apply for purposes of this section only to the extent that the following sources of funds are available for earring out the activity: "(1) Federal funds provided to the State in grants under part B or under section 2625, or through other Federal sources under which payments for routine HIV testing, counseling or treatment are an eligible use. "(2) Funds that the State or private entities have elected to provide, including through entering into contracts under which health benefits are provided. This section does not require any entity to expend non-Federal funds. "SEC. 2627. TESTING OF PREGNANT WOMEN AND NEWBORN INFANTS. 42 USC 300ff-35. "An activity or requirement described in this section is any of the following: "(1) In the case of newborn infants who are born in the State and whose biological mothers have not undergone prenatal testing for HIV disease, that each such infant undergo testing for such disease. "(2) That the results of such testing of a newborn infant be promptly disclosed in accordance with the following, as applicable to the infant involved: "(A) To the biological mother of the infant (without regard to whether she is the legal guardian of the infant). "(B) If the State is the legal guardian of the infant: "(i) To the appropriate official of the State agency with responsibility for the care of the infant. "(ii) To the appropriate official of each authorized agency providing assistance in the placement of the infant. "(iii) If the authorized agency is giving significant consideration to approving an individual as a foster parent of the infant, to the prospective foster parent. "(iv) If the authorized agency is giving significant consideration to approving an individual as an adoptive parent of the infant, to the prospective adoptive parent. "(C) If neither the biological mother nor the State is the legal guardian of the infant, to another legal guardian of the infant. "(D) To the child's health care provider. "(3) That, in the case of prenatal testing for HIV disease that is conducted in the State, the results of such testing be promptly disclosed to the pregnant woman involved. "(4) That, in disclosing the test results to an individual under paragraph (2) or (3), appropriate counseling on the himian immunodeficiency virus be made available to the individual (except in the case of a disclosure to an official of a State or an authorized agency). "(5) With respect to State insurance laws, that such laws require— "(A) that, if health insurance is in effect for an individual, the insurer involved may not (without the consent of the individual) discontinue the insurance, or alter the terms of the insurance (except as provided in subparagraph