Page:United States Statutes at Large Volume 120.djvu/2808

 PUBLIC LAW 109–415—DEC. 19, 2006

120 STAT. 2777

‘‘(2) APPROPRIATE ENTITIES.—Direct financial assistance may be provided under paragraph (1) to public or nonprofit private entities, or private for-profit entities if such entities are the only available provider of quality HIV care in the area. ‘‘(c) REQUIRED FUNDING FOR CORE MEDICAL SERVICES.— ‘‘(1) IN GENERAL.—With respect to a grant under section 2601 for an eligible area for a grant year, the chief elected official of the area shall, of the portion of the grant remaining after reserving amounts for purposes of paragraphs (1) and (5)(B)(i) of subsection (h), use not less than 75 percent to provide core medical services that are needed in the eligible area for individuals with HIV/AIDS who are identified and eligible under this title (including services regarding the cooccurring conditions of the individuals). ‘‘(2) WAIVER.— ‘‘(A) IN GENERAL.—The Secretary shall waive the application of paragraph (1) with respect to a chief elected official for a grant year if the Secretary determines that, within the eligible area involved— ‘‘(i) there are no waiting lists for AIDS Drug Assistance Program services under section 2616; and ‘‘(ii) core medical services are available to all individuals with HIV/AIDS identified and eligible under this title. ‘‘(B) NOTIFICATION OF WAIVER STATUS.—When informing the chief elected official of an eligible area that a grant under section 2601 is being made for the area for a grant year, the Secretary shall inform the official whether a waiver under subparagraph (A) is in effect for such year. ‘‘(3) CORE MEDICAL SERVICES.—For purposes of this subsection, the term ‘core medical services’, with respect to an individual with HIV/AIDS (including the co-occurring conditions of the individual), means the following services: ‘‘(A) Outpatient and ambulatory health services. ‘‘(B) AIDS Drug Assistance Program treatments in accordance with section 2616. ‘‘(C) AIDS pharmaceutical assistance. ‘‘(D) Oral health care. ‘‘(E) Early intervention services described in subsection (e). ‘‘(F) Health insurance premium and cost sharing assistance for low-income individuals in accordance with section 2615. ‘‘(G) Home health care. ‘‘(H) Medical nutrition therapy. ‘‘(I) Hospice services. ‘‘(J) Home and community-based health services as defined under section 2614(c). ‘‘(K) Mental health services. ‘‘(L) Substance abuse outpatient care. ‘‘(M) Medical case management, including treatment adherence services. ‘‘(d) SUPPORT SERVICES.— ‘‘(1) IN GENERAL.—For purposes of this section, the term ‘support services’ means services, subject to the approval of

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