120 STAT. 2788
42 USC 300ff–21.
42 USC 300ff–24.
42 USC 300ff–25. 42 USC 300ff–26.
PUBLIC LAW 109–415—DEC. 19, 2006
(1) in subsection (a), in the matter preceding paragraph (1)— (A) by striking ‘‘may use’’ and inserting ‘‘may, subject to subsection (f), use’’; and (B) by striking ‘‘section 2612(a)(1)’’ and inserting ‘‘section 2612(a)’’; and (2) by adding at the end the following subsection: ‘‘(f) ALLOCATION OF FUNDS; TREATMENT AS SUPPORT SERVICES.—For purposes of the requirement of section 2612(b)(1), expenditures of grants under section 2611 for or through consortia under this section are deemed to be support services, not core medical services. The preceding sentence may not be construed as having any legal effect on the provisions of subsection (a) that relate to authorized expenditures of the grant.’’. (c) TECHNICAL AMENDMENTS.—Part B of title XXVI of the Public Health Service Act (42 U.S.C. 300ff–21 et seq.) is amended— (1) in section 2611— (A) in subsection (a), by striking the subsection designation and heading; and (B) by striking subsection (b); (2) in section 2614— (A) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘section 2612(a)(2)’’ and inserting ‘‘section 2612(b)(3)(J)’’; and (B) in subsection (c)(2)(B), by striking ‘‘homemaker or’’; (3) in section 2615(a) by striking ‘‘section 2612(a)(3)’’ and inserting ‘‘section 2612(b)(3)(F)’’; and (4) in section 2616(a) by striking ‘‘section 2612(a)(5)’’ and inserting ‘‘section 2612(b)(3)(B)’’. SEC. 202. AIDS DRUG ASSISTANCE PROGRAM.
(a) REQUIREMENT OF MINIMUM DRUG LIST.—Section 2616 of the Public Health Service Act (42 U.S.C. 300ff–26) is amended— (1) in subsection (c), by striking paragraph (1) and inserting the following: ‘‘(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;’’; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: ‘‘(e) LIST OF CLASSES OF CORE ANTIRETROVIRAL THERAPEUTICS.—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.’’. (b) DRUG REBATE PROGRAM.—Section 2616 of the Public Health Service Act, as amended by subsection (a)(2) of this section, is amended by adding at the end the following: ‘‘(g) DRUG REBATE PROGRAM.—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
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