S.2311 - Ryan White CARE Act Amendments of 2000106th Congress (1999-2000)
Summary: S.2311 — 106th Congress (1999-2000)
Ryan White CARE Act Amendments of 2000 - Title I: Emergency Relief for Areas with Substantial Need for Services - Subtitle A: HIV Health Services Planning Councils - Amends the Public Health Service Act to require that an HIV (human immunodeficiency virus) planning council reflect the demographics of the population of individuals with HIV disease (currently, the demographics of the epidemic) in the eligible area involved. Modifies requirements regarding council composition, including requiring representatives of: (1) providers of housing and homeless services; (2) providers of HIV prevention services; and (3) former prisoners. Requires that at least 33 percent of the council be people who: (1) are receiving HIV-related services pursuant to a grant under provisions relating to emergency relief for areas with a substantial need for services (substantial need grant); (2) are not officers, employees, consultants, or representatives of any entity that receives substantial need grant amounts; and (3) reflect the demographics of the population of individuals with HIV disease.
Passed House amended (10/05/2000)
(Sec. 102) Modifies council duties, including regarding: (1) determining the size, demographics, and needs of the HIV disease population; (2) council establishment of fund allocation priorities; and (3) coordination with Federal grantees that provide HIV-related services in the area. Directs the Secretary of Health and Human Services to: (1) develop epidemiologic measures for establishing the number of individuals with HIV disease who are not receiving HIV-related health services, for carrying out council duties, and for carrying out provisions relating to substantial need grant applications; and (2) provide to the chief elected official receiving a substantial need grant guidelines and materials for training council members regarding council duties.
(Sec. 103) Requires that council meetings and records be open to the public, subject to exception.
Subtitle B: Type and Distribution of Grants - Makes permanent provisions requiring expedited disbursement of certain substantial need grant amounts. Requires, after FY 2004, that the substantial need grant amount formula use the number of cases of HIV disease in the most recent year rather than the number of cases of acquired immune deficiency syndrome (AIDS) in the most recent ten years. Conditions such change, until FY 2007, on the Secretary's determination that there is sufficiently accurate and reliable data on HIV disease cases from all eligible areas. Modifies requirements regarding increases in the amount of a substantial need grant under expedited disbursement provisions.
(Sec. 112) Requires that the amount of supplemental substantial need grants be determined by the Secretary based on a weighting of specified factors, with severe need counting one-third. Includes the current HIV disease prevalence, an increasing need for services, and unmet need for services as factors the Secretary must consider in determining severe need. Directs the Secretary, in determining the required factors, to develop a mechanism to use national, quantitative incidence data by 18 months after enactment of this Act (currently, by May 20, 1998). Requires mechanism modification based on the findings of a study mandated by title V of this Act. Requires that supplemental substantial need grants be allocated according to the local demographic incidence of AIDS, including allocations for services for infants, children, youth, women, and families (currently, for infants, children, women, and families) with HIV disease. Removes provisions basing the amount of substantial need grants on substantial need grant applications.
Subtitle C: Other Provisions - Requires that substantial need grant funds be used, among other purposes, for: (1) outreach to identify individuals with HIV disease who know their HIV status and are not receiving HIV-related services; and (2) early intervention services. Requires that substantial need grants be used to provide health and support services to infants, children, youth, and women (currently, infants, children, and women) with HIV disease in amounts not less than the ratio of the population involved (infants, children, youth, or women in the area) with AIDS to the general population in the area with AIDS.
Requires that the chief elected official of a substantial need grant-receiving area establish a quality management program to: (1) assess whether HIV health services under the substantial need grant are consistent with the most recent Public Health Service guidelines; and (2) develop strategies for ensuring that those services are consistent with the guidelines for improvement in the access to and quality of HIV health services.
Title II: Care Grant Program - Subtitle A: General Grant Provisions - Requires that grants to States to improve the quality, availability and organization of health care and support services for individuals with HIV disease (care grants) be used to provide health and support services to infants, children, youth, and women (currently, infants, children, and women) with HIV disease in amounts not less than the ratio of the population involved (infants, children, youth, or women in the area) with AIDS to the general population in the area with AIDS.
(Sec. 202) Allows care grants to be used for outpatient and ambulatory support services, outreach activities, early intervention, and quality management.
(Sec. 203) Modifies requirements regarding grants to establish HIV care consortia.
(Sec. 204) Requires a State to encourage, support, and enhance compliance with treatment regimens, including related medical monitoring. Allows a State to meet a requirement to use a portion of its care grant to provide therapeutics to treat HIV disease or prevent related health deterioration (including prevention and treatment of opportunistic infections) by paying for health insurance or plans whose coverage includes a full range of such therapeutics and primary care, so long as the insurance or plan costs do not exceed the costs of providing therapeutics.
(Sec. 205) Requires care grant applications to contain determinations of the size, demographics, and needs of the population of individuals with HIV disease in the State. Modifies requirements regarding the comprehensive plan. Requires the public health agency that administers care grants for a State to engage in a public advisory planning process.
(Sec. 206) Doubles, subject to appropriations, the minimum care grant allotment to each State and U.S. territory. Requires, after FY 2004, that the care grant and supplemental grant provisions use the number of cases of HIV disease in the most recent year rather than the number of cases of acquired immune deficiency syndrome (AIDS) in the most recent ten years, but until FY 2007 conditions that change on the Secretary's determination that there is sufficiently accurate and reliable data on HIV disease cases. Provides for increases in the formula amount.
Requires, if an appropriations Act provides an amount exclusively for treatment drug grants, that three percent of that exclusive amount be reserved for supplemental grants to States with a severe need for such a grant.
Adds the Federated States of Micronesia and the Republic of Palau to the list of U.S. territories. Adds the Commonwealth of Puerto Rico to the list of territories for minimum allotment provisions but keeps it in the list of States for other care grant provisions.
(Sec. 207) Replaces provisions mandating coordination by specified Federal agencies of Federal HIV programs with provisions directing the Secretary to make grants to States to supplement care grants for comprehensive services in emerging communities within the State (emerging community grants). Defines "emerging community" as a metropolitan area that is not eligible for an emergency relief grant and that has a cumulative total of 500 to 1999 AIDS cases (after FY 2004, HIV disease cases) over the last five years. Provides for funding for grants for emerging communities with 1000 to 2000 AIDS cases, and those with 500 to 1000 AIDS cases, in the last five years. Makes this section effective when appropriations for emergency relief grants and care grants exceed by at least $20 million the amount appropriated for care grants in FY 2000. Declares that emerging community grants are formula grants of two types: (1) for emerging communities with fewer than 1000 cases; and (2) for emerging communities with 1000 or more cases.
Subtitle B: Provisions Concerning Pregnancy and Perinatal Transmission of HIV - Removes provisions prohibiting (after testing of pregnant women and newborns has become a routine practice in U.S. health care) care grants to a State unless the State meets certain requirements regarding such testing.
(Sec. 212) Adds HIV disease treatment services to the uses for which the Secretary may make a grant to a State that is following the recommendations of the Centers for Disease Control and Prevention (CDC) regarding HIV counseling and voluntary testing for pregnant women. Authorizes appropriations. Regulates grant allocations to States. Prohibits using care grant appropriations for grants under this section.
(Sec. 213) Directs the Secretary to provide for a study and report to appropriate congressional committees regarding: (1) the number of newborns with HIV born in the United States in the most recent year for which the information is available; (2) barriers that prevent or discourage an obstetrician from routinely offering pregnant women an HIV test and routinely testing newborns when the mother's HIV status is unknown; and (3) recommendations for each State for reducing perinatal HIV transmission.
Subtitle C: Certain Partner Notification Programs - Authorizes the Secretary to make grants to States for partner counseling and referral services, provided the State meets certain requirements regarding: (1) partner notification and (for the partner and the infected individual) testing, counseling, and referral; (2) health entity reporting of positive test results to the State; (3) reporting to the CDC regarding partner notification; and (4) State cooperation with the CDC national partner notification. Authorizes appropriations.
Title III: Early Intervention Services - Subtitle A: Formula Grants for States - Repeals provisions mandating formula grants to States for outpatient early intervention services regarding HIV disease.
Subtitle B: Categorical Grants - Requires giving preference to rural, and special consideration to underserved, areas in making currently-authorized categorical grants for outpatient early intervention services. Allows planning grants to be used, subject to limitation, to assist the recipients to expand their capacity to provide services, including early intervention services, in low income communities and affected subpopulations that are underserved.
Subtitle C: General Provisions - Requires that the counseling that categorical grant recipients are required to provide to HIV-infected individuals emphasize that it is the duty of infected individuals to disclose their status to their sexual and needle-sharing partners, provide advice on how to make the disclosures and emphasize that it is the infected individual's continuing duty to avoid behaviors that expose others to HIV.
(Sec. 322) Increases the percentage limit on administrative expenses. Requires recipients to establish a quality management program to assess the extent to which medical services are consistent with Public Health Service guidelines for treatment of HIV disease and related opportunistic infections.
Title IV: Other Programs and Activities - Subtitle A: Certain Programs for Research, Demonstrations, or Training - Replaces a requirement that, with regard to grants for providing opportunities for women, infants, children, and youth to participate in HIV research and for providing to those groups outpatient health care and additional services, that a significant number of individuals in those groups be participating in research with a requirement that the grant applicant demonstrate linkages to research and how access to research is being offered to patients. Requires the applicant to inform individuals of opportunities to participate in HIV/AIDS-related clinical research. Requires grantees to implement a quality management program to assess the extent to which HIV health services provided under the grant are consistent with the most recent Public Health Service guidelines for the treatment of HIV disease and related opportunistic infection. Directs the Secretary to examine and report to the appropriate congressional committees on the distribution and availability of HIV/AIDS-related research to existing sites under this paragraph to enhance and expand voluntary access to HIV-related research.
Mandates: (1) a review of administrative, program support, and direct service-related activities to ensure access to quality HIV-related health and support services and research opportunities under this part, and to support the provision of those services; and (2) a determination of the relationship between the costs of those activities and access to services and research opportunities. Prohibits the Secretary, after a final determination, from making a grant unless the grantee complies with whatever requirements are included in the determination. Authorizes appropriations.
(Sec. 402) Includes, as a use of currently-authorized grants and contracts for training health personnel: (1) training in prenatal and other gynecological care for women with HIV disease; and (2) developing protocols for the medical care of such women. Directs the Secretary to implement a strategy for the dissemination of HIV treatment information to care providers and patients.
Adds accredited dental hygiene programs as possible recipients of currently-authorized grants with respect to oral health care to (sic) patients with HIV disease. Authorizes appropriations. Authorizes grants to dental schools, post-doctoral dental education programs, and accredited dental hygiene programs that partner with community-based dentists to provide care to HIV patients in underserved areas. Authorizes appropriations.
Authorizes appropriations for grants and contracts to assist public and nonprofit private entities and schools and academic health science centers to train health personnel, train faculty, and develop and disseminate curricula and resource materials regarding the care of HIV patients and prevention of HIV infection among at risk individuals.
Subtitle B: General Provisions in Title XXVI - Extends the authorization of appropriations for grants and contracts to evaluate programs carried out under title XXVI of the Public Health Service Act (HIV Health Care Services Program).
(Sec. 412) Amends title III (General Powers and Duties) of the Public Health Service Act to authorize appropriations for collecting and providing data for program planning and evaluation under title XXVI (currently, under title III).
(Sec. 413) Amends title XXVI (HIV Health Care Services Program) of the Public Health Service Act to add the Substance Abuse and Mental Health Services Administration and the Health Care Financing Administration to the list of agencies (currently, the Health Resources and Services Administration and the Centers for Disease Control and Prevention) charged with coordinating the planning, funding, and implementation (currently, coordinating the planning of the funding) of Federal HIV programs to enhance continuity of care and prevention services (currently, continuity of care). Requires that State, local, or private entities receiving title XXVI funds enhance continuity of care and prevention services (currently, continuity of care).
(Sec. 414) Directs the Secretary to develop and submit to Congress a plan for the medical case management of and the provision of support services to individuals who had HIV disease on their date of release from the Federal or State penal system.
(Sec. 415) Authorizes the Secretary to reduce title XXVI grants to a State or political subdivision if the State or subdivision fails to prepare audits.
(Sec. 416) Directs the Secretary to: (1) develop and submit to Congress a plan for coordinating the disbursement of appropriations for substantial need grants with the disbursement for care grants; (2) within two years after enactment of this Act, implement the disbursement plan, notwithstanding any title XXVI provision inconsistent with the plan; (3) determine whether administration of those grants by the Secretary and grantee compliance efficiency would be improved by requiring biennial rather than annual applications; (4) develop and submit to Congress a plan for simplifying the application process for those grants; and (5) within two years after enactment of this Act, implement the simplified application plan, notwithstanding any title XXVI provision inconsistent with the plan.
(Sec. 417) Removes provisions directing the Secretary to develop and implement a method for adjusting the percentages allocated to substantial need grants and care grants to account for substantial need grants to new areas and other relevant factors.
Authorizes appropriations for substantial need and care grants.
Title V: General Provisions - Directs the Secretary to provide for studies, and report to the appropriate congressional committees, on: (1) whether the surveillance system of each State provides for the reporting of HIV infection cases in a way that provides information on the number and demographic characteristics of the cases that is sufficiently accurate for the formula grants under substantial need and care grant provisions and, if not, recommendations for improvements; and (2) the appropriate epidemiological measures and their relationship to the financing and delivery of primary care and health related support services for low income, uninsured, and underinsured individuals with HIV disease.
(Sec. 502) Requires the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate research and other NIH activities regarding development of reliable and affordable HIV tests that can be rapidly administered and whose results can be rapidly obtained (rapid HIV tests). Authorizes appropriations.
Directs the Secretary: (1) to report to appropriate congressional committees on the progress made toward, and barriers to, the premarket review and commercial distribution of rapid HIV tests; and (2) promptly after rapid HIV test commercial distribution begins, to establish or update guidelines for States, hospitals, and other entities regarding the availability of those tests for administration to pregnant women in labor or late stage pregnancy and whose HIV status is unknown.
Title VI: Effective Date - Sets forth the effective dates for this Act and its amendments.