104 STAT. 608 PUBLIC LAW 101-381—AUG. 18, 1990 "(B) the applicant for the grant will enter into an agreement with a public or nonprofit private entity under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such pa3anents. " (2) WAIVER REGARDING CERTAIN SECONDARY AGREEMENTS.— "(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. "(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. 42 USC 300ff-53. " SEC. 2653. PREFERENCES IN MAKING GRANTS. "(a) IN GENERAL.—In making grants under section 2651, the Secretary shall give preference to any qualified applicant experiencing an increase in the burden of providing services regarding HIV disease, as indicated by the factors specified in subsection (b). " (b) SPECIFICATION OF FACTORS. — "(1) IN GENERAL. — In the case of the geographic area with respect to which the entity involved is applying for a grant under section 2651, the factors referred to in subsection (a), as determined for the period specified in paragraph (2), are— "(A) the number of cases of acquired immune deficiency syndrome; "(B) the rate of increase in such cases; "(C) the lack of availability of early intervention services; "(D) the number of other cases of sexually transmitted diseases, and the number of cases of tuberculosis and of drug abuse; "(E) the rate of increase in each of the cases specified in subparagraph (D); "(F) the lack of availability of primary health services from providers other than such applicant; and "(G) the distance between such area and the nearest community that has an adequate level of availability of appropriate HIV-related services, and the length of time required to travel such distance. "(2) RELEVANT PERIOD OF TIME.— The period referred to in paragraph (1) is the 2-year period preceding the fiscal year for which the entity involved is applying to receive a grant under section 2651. Urban areas. "(c) EQUITABLE ALLOCATIONS.— In providing preferences for pur- Rural areas. poses of subsection (b), the Secretary shall equitably allocate the preferences among urban and rural areas. 42 USC 300ff-54. " SEC. 2654. MISCELLANEOUS PROVISIONS. "(a) SERVICES FOR INDIVIDUALS WITH HEMOPHIUA. —In making grants under section 2651, the Secretary shall ensure that any such
�
