104 STAT. 612 PUBLIC LAW 101-381—AUG. 18, 1990 "(E) the aggregate amounts expended for each such category. " (b) PROVISION OF OPPORTUNITIES FOR ANONYMOUS C!OUNSEUNG AND TESTING. —The Secretary may not make a grant under this part unless the applicant for the grant agrees that, to the extent permitted under State law, regulation or rule, the applicant will offer substantial opportunities for an individual— "(1) to undergo counseling and testing regarding HIV disease without being required to provide any information relating to the identity of the individual; and "(2) to undergo such counseling and testing through the use of a pseudonym. "(c) PROHIBITION AGAINST REQUIRING TESTING AS CONDITION OF RECEIVING OTHER HEALTH SERVICES.—The Secretary may not make a grant under this part unless the applicant for the grant agrees that, with respect to an individual seeking health services from the applicant, the applicant will not require the individual to undergo testing for HIV as a condition of receiving any health services unless such testing is medically indicated in the provision of the health services sought by the individual. "(d) MAINTENANCE OF SUPPORT.— The Secretary may not make a grant under this part unless the applicant for the grant agrees to maintain the expenditures of the applicant for early intervention services at a level equal to not less than the level of such expenditures maintained by the State for the fiscal year preceding the fiscal year for which the applicant is applying to receive the grant. " (e) REQUIREMENTS REGARDING IMPOSITION OF CHARGES FOR SERV- ICES. — "(1) IN GENERAL.—The Secretary may not make a grant under this part unless, subject to paragraph (5), the applicant for the grant agrees that— "(A) in the case of individuals with an income less than or equal to 100 percent of the official poverty line, the applicant will not impose a charge on any such individual for the provision of early intervention services under the grant; "(B) in the case of individuals with an income greater than 100 percent of the official poverty line, the applicant— "(i) will impose a charge on each such individual for the provision of such services; and "(ii) will impose the charge according to a schedule of charges that is made available to the public. "(2) LIMITATION ON CHARGES REGARDING INDIVIDUALS SUBJECT TO CHARGES. — With respect to the imposition of a charge for purposes of paragraph (l)(B)(ii), the Secretary may not make a grant under this part unless, subject to paragraph (5), the applicant for the grant agrees that— "(A) in the case of individuals with an income greater than 100 percent of the official poverty line and not exceeding 200 percent of such poverty line, the applicant will not, for any calendar year, impose charges in an amount exceeding 5 percent of the annual gross income of the individual involved; "(B) in the Case of individuals with an income greater than 200 percent of the official poverty line and not exceeding 300 percent of such poverty line, the applicant will not, for any calendar year, impose charges in an
�
