PUBLIC LAW 109–415—DEC. 19, 2006
120 STAT. 2805
‘‘(2) DEFINITION OF MEDICAL OUTCOMES.—In this section, the term ‘medical outcomes’ means those outcomes affecting the HIV-related clinical status of an individual with HIV/AIDS. ‘‘(e) SPECIFICATION OF EARLY INTERVENTION SERVICES.— ‘‘(1) IN GENERAL.—The early intervention services referred to in this section are— ‘‘(A) counseling individuals with respect to HIV/AIDS in accordance with section 2662; ‘‘(B) testing individuals with respect to HIV/AIDS, 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 HIV/AIDS; ‘‘(C) referrals described in paragraph (2); ‘‘(D) other clinical and diagnostic services regarding HIV/AIDS, and periodic medical evaluations of individuals with HIV/AIDS; and ‘‘(E) providing the therapeutic measures described in subparagraph (B). ‘‘(2) REFERRALS.—The services referred to in paragraph (1)(C) are referrals of individuals with HIV/AIDS 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 a pregnant woman. ‘‘(3) REQUIREMENT OF AVAILABILITY OF ALL EARLY INTERVENTION SERVICES THROUGH EACH GRANTEE.— ‘‘(A) IN GENERAL.—The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees that each of the early intervention services specified in paragraph (2) will be available through the grantee. With respect to compliance with such agreement, such a grantee 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, or private for-profit entities if such entities are the only available provider of quality HIV care in the area, under which the entities provide the services. ‘‘(B) OTHER REQUIREMENTS.—Grantees described in— ‘‘(i) subparagraphs (A), (D), (E), and (F) of section 2652(a)(1) shall use not less than 50 percent of the amount of such a grant to provide the services described in subparagraphs (A), (B), (D), and (E) of paragraph (1) directly and on-site or at sites where other primary care services are rendered; and ‘‘(ii) subparagraphs (B) and (C) of section 2652(a)(1) shall ensure the availability of early intervention services through a system of linkages to
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