Page:United States Statutes at Large Volume 104 Part 1.djvu/619

 PUBLIC LAW 101-381—AUG. 18, 1990 104 STAT. 585 "(E) in the case of individuals with an income greater than 300 percent of the official poverty line, the provider will not, for any calendar year, impose charges in an amount exceeding 10 percent of the annual gross income of the individual involved. "(2) ASSESSMENT OF CHARGE.— With respect to compliance with the assurance made under paragraph (1), a grantee or entity receiving assistance under this part may, in the case of individuals subject to a charge for purposes of such paragraph— "(A) assess the amount of the charge in the discretion of the grantee, including imposing only a nominal charge for the provision of services, subject to the provisions of such paragraph regarding public schedules and regarding limitations on the maximum amount of charges; and "(B) take into consideration the medical expenses of individuals in assessing the amount of the charge, subject to such provisions. "(3) APPLICABILITY OF LIMITATION ON AMOUNT OF CHARGE. — The Secretary may not make a grant under section 2601 to an eligible area unless the eligible area agrees that the limitations established in subparagraphs (C), (D) and (E) of paragraph (1) regarding the imposition of charges for services applies to the annual aggregate of charges imposed for such services, without regard to whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or other charges. " (4) WAIVER REGARDING SECONDARY AGREEMENTS. —The requirements established in paragraphs (1) through (3) shall be waived in accordance with section 2604(d)(2). "SEC. 2606. TECHNICAL ASSISTANCE. 42 USC 300ff-16. "The Administrator of the Health Resources and Services Administration may, beginning on the date of enactment of this title, provide technical assistance to assist entities in complying with the requirements of this part in order to make such entities eligible to receive a grant under this part. "SEC. 2607. DEFINITIONS. 42 USC 300ff-17. "For purposes of this part: "(1) EuGiBLE AREA.— The term 'eligible area' means a metropolitan area described in section 2601(a)(1). "(2) METROPOUTAN AREA.—The term 'metropolitan area' meems an area referred to in the HIV/AIDS Surveillance Report of the Centers for Disease Control as a metropolitan area. "SEC. 2608. AUTHORIZATION OF APPROPRIATIONS. 42 USC 300ff-18. "There are authorized to be appropriated to make grants under this part, $275,000,000 in each of the fiscal years 1991 and 1992, and such sums as may be necessary in each of the fiscal years 1993 through 1995.". SEC. 102. TECHNICAL AND CONFORMING AMENDMENTS. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended— (1) in section 406(a)(2), by striking "2101" and inserting 42 USC 284a. "2701"; (2) in section 465(f), by striking "2601" and inserting "2701"; 42 USC 286.

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