Page:United States Statutes at Large Volume 110 Part 2.djvu/580

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110 STAT. 1372 PUBLIC LAW 104-146—MAY 20, 1996 (O), solely on the basis that the individual is infected with HIV disease or solely on the basis that the individual has been tested for the disease or its manifestation; "(B) that subparagraph (A) does not apply to an individual who, in applying for the health insurance involved, knowingly misrepresented the HIV status of the individual; and "(C) that subparagraph (A) does not apply to any reasonable alteration in the terms of health insurance for an individual with HIV disease that would have been made if the individual had a serious disease other than HIV disease. For purposes of this subparagraph, a statute or regulation shall be deemed to regulate insurance for purposes of this paragraph only to the extent that such statute or regulation is treated as regulating insurance for purposes of section 514(b)(2) of the Employee Retirement Income Security Act of 1974. 42 USC 300ff-36. "SEC. 2628. REPORT BY THE INSTITUTE OF MEDICINE. "(a) IN GENERAL.— The Secretary shall request that the Institute of Medicine of the National Academy of Sciences conduct an evaluation of the extent to which State efforts have been effective in reducing the perinatal transmission of the human immuno deficiency virus, and an analysis of the existing barriers to the further reduction in such transmission. "(b) REPORT TO CONGRESS.— The Secretary shall ensure that, not later than 2 years after the date of enactment of this section, the evaluation and analysis described in subsection (a) is completed and a report summarizing the results of such evaluation and analy- sis is prepared by the Institute of Medicine and submitted to the appropriate committees of Congress together with the recommendations of the Institute. 42 USC 300ff-37. 42 USC 300ff- 27a. "SEC. 2629. STATE HIV TESTING PROGRAMS ESTABLISHED PRIOR TO OR AFTER ENACTMENT. "Nothing in this subpart shall be construed to disqualify a State from receiving grants under this title if such State has established at any time prior to or after the date of enactment of this subpart a program of mandatory HIV testing.". SEC. 8. SPOUSAL NOTIFICATION. (a) IN GENERAL.— The Secretary of Health and Human Services shall not make a grant under part B of title XXVI of the Public Health Service Act (42 U.S.C. 300ff-21 et seq.) to any State unless such State takes administrative or legislative action to require that a good faith effort be made to notify a spouse of a known HIV-infected patient that such spouse may have been exposed to the human immunodeficiency virus and should seek testing. (b) DEFINITIONS.— For purposes of this section: (1) SPOUSE. —The term "spouse" means any individual who is the marriage partner of an HIV-infected patient, or who has been the marriage partner of that patient at any time within the 10-year period prior to the diagnosis of HIV infection. (2) HIV-INFECTED PATIENT.— The term "HIV-infected patient" means any individual who has been diagnosed to be infected with the human immunodeficiency virus.