42 U.S.C. § 300ff-12
Assistance made available under grants awarded under this subpart shall be directed to the chief elected official of the city or urban county that administers the public health agency that provides outpatient and ambulatory services to the greatest number of individuals with AIDS, as reported to and confirmed by the Centers for Disease Control and Prevention, in the eligible area that is awarded such a grant.
To receive assistance under section 300ff-11(a) of this title, the chief elected official of the eligible area involved shall-
The political subdivisions referred to in subparagraph (A) are those political subdivisions in the eligible area-
To be eligible for assistance under this subpart, the chief elected official described in subsection (a)(1) shall establish or designate an HIV health services planning council that shall reflect in its composition the demographics of the population of individuals with HIV/AIDS in the eligible area involved, with particular consideration given to disproportionately affected and historically underserved groups and subpopulations. Nominations for membership on the council shall be identified through an open process and candidates shall be selected based on locally delineated and publicized criteria. Such criteria shall include a conflict-of-interest standard that is in accordance with paragraph (5).
The HIV health services planning council shall include representatives of-
In providing for a council for purposes of paragraph (1), a chief elected official receiving a grant under section 300ff-11(a) of this title may establish the council directly or designate an existing entity to serve as the council, subject to subparagraph (B).
In making a determination of whether to establish or designate a council under subparagraph (A), a chief elected official receiving a grant under section 300ff-11(a) of this title shall give priority to the designation of an existing entity that has demonstrated experience in planning for the HIV health care service needs within the eligible area and in the implementation of such plans in addressing those needs. Any existing entity so designated shall be expanded to include a broad representation of the full range of entities that provide such services within the geographic area to be served.
The planning council established or designated under paragraph (1) shall-
The planning council under paragraph (1) may not be directly involved in the administration of a grant under section 300ff-11(a) of this title. With respect to compliance with the preceding sentence, the planning council may not designate (or otherwise be involved in the selection of) particular entities as recipients of any of the amounts provided in the grant.
An individual may serve on the planning council under paragraph (1) only if the individual agrees that if the individual has a financial interest in an entity, if the individual is an employee of a public or private entity, or if the individual is a member of a public or private organization, and such entity or organization is seeking amounts from a grant under section 300ff-11(a) of this title, the individual will not, with respect to the purpose for which the entity seeks such amounts, participate (directly or in an advisory capacity) in the process of selecting entities to receive such amounts for such purpose.
The following applies regarding the membership of a planning council under paragraph (1):
A planning council under paragraph (1) shall develop procedures for addressing grievances with respect to funding under this subpart, including procedures for submitting grievances that cannot be resolved to binding arbitration. Such procedures shall be described in the by-laws of the planning council and be consistent with the requirements of subsection (c).
With respect to a planning council under paragraph (1), the following applies:
The Secretary shall, through a process that includes consultations with grantees under this subpart and public and private experts in grievance procedures, arbitration, and mediation, develop model grievance procedures that may be implemented by the planning council under subsection (b)(1) and grantees under this subpart. Such model procedures shall describe the elements that must be addressed in establishing local grievance procedures and provide grantees with flexibility in the design of such local procedures.
The Secretary shall review grievance procedures established by the planning council and grantees under this subpart to determine if such procedures are adequate. In making such a determination, the Secretary shall assess whether such procedures permit legitimate grievances to be filed, evaluated, and resolved at the local level.
To be eligible to receive funds under this subpart, a grantee shall develop grievance procedures that are determined by the Secretary to be consistent with the model procedures developed under paragraph (1)(A). Such procedures shall include a process for submitting grievances to binding arbitration.
Promptly after the date of the submission of the report required in section 501(b) of the Ryan White CARE Act Amendments of 2000 (relating to the relationship between epidemiological measures and health care for certain individuals with HIV/AIDS), the Secretary, in consultation with planning councils and entities that receive amounts from grants under section 300ff-11(a) or 300ff-21 of this title, shall develop epidemiologic measures-
The Secretary shall provide to each chief elected official receiving a grant under section 300ff-11(a) of this title guidelines and materials for training members of the planning council under paragraph (1) regarding the duties of the council.
1 See References in Text note below.
42 U.S.C. § 300ff-12
EDITORIAL NOTES
REFERENCES IN TEXTSubpart II of part C, referred to in subsec. (b)(2)(J), was redesignated subpart I of part C of this subchapter by Pub. L. 106-345, title III, §301(b)(1), Oct. 20, 2000, 114 Stat. 1345, and is classified to section 300ff-51 et seq. of this title.The Social Security Act, referred to in subsec. (b)(4)(C)(v), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XIX and XXI of the Act are classified generally to subchapters XIX (§1396 et seq.) and XXI (§1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.Section 501 of the Ryan White CARE Act Amendments of 2000, referred to in subsec. (d), is section 501 of Pub. L. 106-345 which is set out as a note under section 300ff-11 of this title. Provisions relating to a report are contained in section 501(d) of Pub. L. 106-345.
PRIOR PROVISIONSA prior section 2602 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238a of this title.
AMENDMENTS2009- Pub. L. 111-87, §2(a)(1), (3) (A), repealed Pub. L. 109-415, §703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below.Subsec. (b)(4)(A). Pub. L. 111-87, §6(a)(1), inserted ", as well as the size and demographics of the estimated population of individuals with HIV/AIDS who are unaware of their HIV status" before semicolon.Subsec. (b)(4)(B)(iii). Pub. L. 111-87, §6(a)(2), added cl. (iii).Subsec. (b)(4)(D)(iv). Pub. L. 111-87, §6(a)(3), added cl. (iv). 2006- Pub. L. 109-415, §703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 111-87, §2(a)(1), effective Sept. 30, 2009. Pub. L. 109-415, §702(3), substituted "HIV/AIDS" for "HIV disease" wherever appearing. Pub. L. 109-415, §107(b), substituted "this subpart" for "this part" wherever appearing. Subsec. (b)(2)(G). Pub. L. 109-415, §106(b), inserted ", members of a Federally recognized Indian tribe as represented in the population, individuals co-infected with hepatitis B or C" before "and historically underserved groups".2000-Subsec. (b)(1). Pub. L. 106-345, §101(a)(1), substituted "demographics of the population of individuals with HIV disease in the eligible area involved," for "demographics of the epidemic in the eligible area involved,".Subsec. (b)(2)(C). Pub. L. 106-345, §101(a)(2)(A), inserted before semicolon at end ", including providers of housing and homeless services". Subsec. (b)(2)(G). Pub. L. 106-345, §101(a)(2)(B), struck out "or AIDS" after "HIV disease". Subsec. (b)(2)(K). Pub. L. 106-345, §101(a)(2)(C), struck out "and" after semicolon. Subsec. (b)(2)(L). Pub. L. 106-345, §101(a)(2)(D), substituted ", including but not limited to providers of HIV prevention services; and" for period at end.Subsec. (b)(2)(M). Pub. L. 106-345, §101(a)(2)(E), added subpar. (M). Subsec. (b)(3)(C). Pub. L. 106-345, §103(1), struck out heading and text of subpar. (C). Text read as follows: "A planning council may not be chaired solely by an employee of the grantee."Subsec. (b)(4)(A), (B). Pub. L. 106-345, §102(a)(2), added subpars. (A) and (B). Former subpars. (A) and (B) redesignated (C) and (D), respectively. Subsec. (b)(4)(C). Pub. L. 106-345, §102(a)(1), redesignated subpar. (A) as (C). Former subpar. (C) redesignated (E).Subsec. (b)(4)(C)(i) to (vi). Pub. L. 106-345, §102(a)(3), added cls. (i) to (vi) and struck out former cls. (i) to (iv) which read as follows: "(i) documented needs of the HIV-infected population; "(ii) cost and outcome effectiveness of proposed strategies and interventions, to the extent that such data are reasonably available (either demonstrated or probable); "(iii) priorities of the HIV-infected communities for whom the services are intended; and "(iv) availability of other governmental and nongovernmental resources;".Subsec. (b)(4)(D). Pub. L. 106-345, §102(a)(4), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "develop a comprehensive plan for the organization and delivery of health services described in section 300ff-14 of this title that is compatible with any existing State or local plan regarding the provision of health services to individuals with HIV disease;". Pub. L. 106-345, §102(a)(1), redesignated subpar. (B) as (D). Former subpar. (D) redesignated (F). Subsec. (b)(4)(E), (F). Pub. L. 106-345, §102(a)(1), redesignated subpars. (C) and (D) as (E) and (F), respectively. Former subpar. (E) redesignated (G).Subsec. (b)(4)(G). Pub. L. 106-345, §102(a)(1), (6) (A), redesignated subpar. (E) as (G) and substituted "public meetings (in accordance with paragraph (7))," for "public meetings,". Subsec. (b)(4)(H). Pub. L. 106-345, §102(a)(5), (6) (B), (7), added subpar. (H).Subsec. (b)(5)(C). Pub. L. 106-345, §101(b), added subpar. (C). Subsec. (b)(7). Pub. L. 106-345, §103(2), added par. (7).Subsec. (d). Pub. L. 106-345, §102(b), added subsec. (d).Subsec. (e). Pub. L. 106-345, §102(c), added subsec. (e).1996-Subsec. (b)(1). Pub. L. 104-146, §3(b)(1)(A)(ii), inserted at end "Nominations for membership on the council shall be identified through an open process and candidates shall be selected based on locally delineated and publicized criteria. Such criteria shall include a conflict-of-interest standard that is in accordance with paragraph (5)." Pub. L. 104-146, §3(b)(1)(A)(i), substituted "reflect in its composition the demographics of the epidemic in the eligible area involved, with particular consideration given to disproportionately affected and historically underserved groups and subpopulations." for "include representatives of-"(A) health care providers; "(B) community-based and AIDS service organizations; "(C) social service providers; "(D) mental health care providers;"(E) local public health agencies; "(F) hospital planning agencies or health care planning agencies;"(G) affected communities, including individuals with HIV disease;"(H) non-elected community leaders;"(I) State government;"(J) grantees under subpart II of part C of this subchapter; and "(K) the lead agency of any Health Resources and Services Administration adult and pediatric HIV-related care demonstration project operating in the area to be served."Subsec. (b)(2). Pub. L. 104-146, §3(b)(1)(E), added par. (2). Former par. (2) redesignated (3).Subsec. (b)(2)(C). Pub. L. 104-146, §3(b)(1)(B), added subpar. (C).Subsec. (b)(3). Pub. L. 104-146, §3(b)(1)(D), redesignated par. (2) as (3). Former par. (3) redesignated (4). Subsec. (b)(3)(A). Pub. L. 104-146, §3(b)(1)(C)(i), substituted "area, including how best to meet each such priority and additional factors that a grantee should consider in allocating funds under a grant based on the-" for "area;" and added cls. (i) to (iv).Subsec. (b)(3)(B). Pub. L. 104-146, §3(b)(1)(C)(ii), struck out "and" at end.Subsec. (b)(3)(C). Pub. L. 104-146, §3(b)(1)(C)(iii), substituted ", and at the discretion of the planning council, assess the effectiveness, either directly or through contractual arrangements, of the services offered in meeting the identified needs;" for period at end.Subsec. (b)(3)(D), (E). Pub. L. 104-146, §3(b)(1)(C)(iv), added subpars. (D) and (E). Subsec. (b)(4). Pub. L. 104-146, §3(b)(1)(D), redesignated par. (3) as (4).Subsec. (b)(5), (6). Pub. L. 104-146, §3(b)(1)(F), added pars. (5) and (6).Subsec. (c). Pub. L. 104-146, §3(b)(1)(F), added subsec. (c). 1992-Subsec. (a)(1). Pub. L. 102-531 substituted "Centers for Disease Control and Prevention" for "Centers for Disease Control".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2009 AMENDMENT; REVIVAL OF SECTIONFor provisions that repeal by section 2(a)(1) of Pub. L. 111-87 of section 703 of Pub. L. 109-415 be effective Sept. 30, 2009, that the provisions of this section as in effect on Sept. 30, 2009, be revived, and that amendment by section 6(a) of Pub. L. 111-87 be applicable to this section as so revived and effective as if enacted on Sept. 30, 2009, see section 2(a)(2), (3) of Pub. L. 111-87 set out as a note under section 300ff-11 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-345, title VI, §601, Oct. 20, 2000, 114 Stat. 1355, provided that: "This Act [see section 1 of Pub. L. 106-345 set out as a Short Title of 2000 Amendments note under section 201 of this title] and the amendments made by this Act take effect October 1, 2000, or upon the date of the enactment of this Act [Oct. 20, 2000], whichever occurs later."
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-146 effective Oct. 1, 1996, see section 13 of Pub. L. 104-146 set out as a note under section 300ff-11 of this title.
- Service
- The term "Service" means the Public Health Service;
- project
- The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 8013 1 of this title.
- Secretary
- the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,