Page:United States Statutes at Large Volume 120.djvu/2835

 120 STAT. 2804

PUBLIC LAW 109–415—DEC. 19, 2006 ‘‘(1) IN GENERAL.—With respect to a grant under subsection (a) to an applicant for a fiscal year, the applicant shall, of the portion of the grant remaining after reserving amounts for purposes of paragraphs (3) and (5) of section 2664(g), use not less than 75 percent to provide core medical services that are needed in the area involved for individuals with HIV/ AIDS who are identified and eligible under this title (including services regarding the co-occurring conditions of the individuals). ‘‘(2) WAIVER.— ‘‘(A) The Secretary shall waive the application of paragraph (1) with respect to an applicant for a grant if the Secretary determines that, within the service area of the applicant— ‘‘(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 an applicant that a grant under subsection (a) is being made for a fiscal year, the Secretary shall inform the applicant whether a waiver under subparagraph (A) is in effect for the fiscal 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 under 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 the Secretary, that are needed for individuals with HIV/AIDS to achieve their medical outcomes (such as respite care for persons caring for individuals with HIV/AIDS, outreach services, medical transportation, linguistic services, and referrals for health care and support services).

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