Page:United States Statutes at Large Volume 104 Part 1.djvu/645

 PUBLIC LAW 101-381—AUG. 18, 1990 104 STAT. 611 posed to HIV and any individual whom the infected individual may have exposed to HIV; and "(D) the availability of the services of public health authorities with respect to locating and counseling any individual described in subparagraph (C). "(d) ADDITIONAL REQUIREMENTS REGARDING APPROPRIATE COUN- SEUNG.—The Secretary may not make a grant under this part unless the applicant for the grant agrees that, in counseling individuals with respect to HIV disease, the applicant will ensure that the counseling is provided under conditions appropriate to the needs of the individuals. "(e) CouNSEUNG OF EMERGENCY RESPONSE EMPLOYEES. —The Secretary may not make a grant under this part to a State unless the State agrees that, in counseling individuals with respect to HIV disease, the State will ensure that, in the case of emergency response employees, the counseling is provided to such employees under conditions appropriate to the needs of the employees regarding the counseling. "(f) RULE OF CONSTRUCTION REGARDING COUNSELING WITHOUT TESTING. —Agreements made pursuant to this section may not be construed to prohibit any grantee under this part from expending the grant for the purpose of providing counseling services described in this section to an individual who does not undergo testing for HIV disease as a result of the grantee or the individual determining that such testing of the individual is not appropriate. " SEC. 2663. APPLICABILITY OF REQUIREMENTS REGARDING CONFIDEN- 42 USC 300ff-63. TIALITY, INFORMED CONSENT, AND COUNSELING. "The Secretary may not make a grant under this part unless the applicant for the grant agrees that, with respect to testing for HIV disease, any such testing carried out by the applicant will, without regard to whether such testing is carried out with Federal funds, be carried out in accordance with conditions described in sections 2661 and 2662. "SEC. 2664. ADDITIONAL REQUIRED AGREEMENTS. 42 USC 300ff-64. "(a) REPORTS TO SECRETARY. — The Secretary may not make a grant under this part unless— "(1) the applicant submits to the Secretary— "(A) a specification of the expenditures made by the applicant for early intervention services for the fiscal year preceding the fiscal year for which the applicant is applying to receive the grant; and "(B) an estimate of the number of individuals to whom the applicant has provided such services for such fiscal year; and "(2) the applicant agrees to submit to the Secretary a report Reports, providing— "(A) the number of individuals to whom the applicant provides early intervention services pursuant to the grant; "(B) epidemiological and demographic data on the population of such individuals; "(C) the extent to which the costs of HIV-related health care for such individuals are paid by third-party payors; "(D) the average costs of providing each category of early intervention service; and

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