---
kind: "section"
citation: "42 U.S.C. § 300ff–52"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ff–52"
heading: "Minimum qualifications of grantees"
release: "119-102"
url: "https://uscodex.org/usc/42/300ff-52"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXIV — Hiv Health Care Services Program"
  - "Part C — Early Intervention Services"
  - "Subpart i — categorical grants"
---

# §300ff–52. Minimum qualifications of grantees

- (a) **Eligible entities—**
  - (1) **In general—** The entities referred to in [section 300ff–51(a) of this title](/usc/42/300ff–51.md?p=a) are public entities and nonprofit [private entities](/usc/42/12181.md?p=6) that are—
    - (A) [federally-qualified health centers](/usc/42/1320b–9a.md?p=e-7-A) under section 1905(l)(2)(B) of the Social Security Act [[42 U.S.C. 1396d(l)(2)(B)](/usc/42/1396d.md?p=l-2-B)];
    - (B) grantees under [section 300 of this title](/usc/42/300.md) (regarding [family](/usc/42/290ff–4.md?p=d-2) planning) other than [States](/usc/42/300ff–88.md?p=11-A);
    - (C) comprehensive hemophilia diagnostic and [treatment](/usc/42/11851.md?p=11) centers;
    - (D) [rural health clinics](/usc/42/254c.md?p=b-2);
    - (E) health [facilities](/usc/42/11049.md?p=4) operated by or pursuant to a contract with the [Indian](/usc/42/6862.md?p=6) Health [Service](/usc/42/201.md?p=a);
    - (F) community-based organizations, clinics, [hospitals](/usc/42/1395dd.md?p=e-5) and other health [facilities](/usc/42/11049.md?p=4) that provide early intervention [services](/usc/42/201.md?p=a) to those [persons](/usc/42/300ff–88.md?p=10) infected with [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) through intravenous [drug](/usc/42/282.md?p=j-1-A-vii) use; or
    - (G) nonprofit [private entities](/usc/42/12181.md?p=6) that provide comprehensive primary care [services](/usc/42/201.md?p=a) to populations at risk of [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), including faith-based and community-based organizations.
  - (2) **Underserved populations—** Entities described in [paragraph (1)](#a-1) shall serve underserved populations which may include [minority](/usc/42/299a–1.md?p=d-2) populations and Native American populations, ex-offenders, individuals with comorbidities including hepatitis B or C, mental illness, or substance abuse, low-[income](/usc/42/292s.md?p=c-4) populations, inner [city](/usc/42/12902.md?p=11) populations, and rural populations.
- (b) **Status as medicaid provider—**
  - (1) **In general—** Subject to [paragraph (2)](#b-2), the [Secretary](/usc/42/201.md?p=c) may not make a grant under [section 300ff–51 of this title](/usc/42/300ff–51.md) for the provision of [services](/usc/42/201.md?p=a) described in [subsection (b)](/usc/42/300ff–51.md?p=b) of such section in a [State](/usc/42/300ff–88.md?p=11-A) unless, in the case of any such [service](/usc/42/201.md?p=a) that is available pursuant to the [State](/usc/42/300ff–88.md?p=11-A) plan approved under title XIX of the Social Security Act [[42 U.S.C. 1396](/usc/42/1396.md) et seq.] for the [State](/usc/42/300ff–88.md?p=11-A)—
    - (A) the applicant for the grant will provide the [service](/usc/42/201.md?p=a) directly, and the applicant has entered into a participation [agreement](/usc/42/1320b–8.md?p=a-3-A) under the [State](/usc/42/300ff–88.md?p=11-A) plan and is qualified to receive payments under such plan; or
    - (B) the applicant for the grant will enter into an [agreement](/usc/42/1320b–8.md?p=a-3-A) with a public or nonprofit [private entity](/usc/42/12181.md?p=6), or a private for-profit entity if such entity is the only available provider of quality [HIV](/usc/42/300ff–88.md?p=6) care in the area, under which the entity will provide the [service](/usc/42/201.md?p=a), and the entity has entered into such a participation [agreement](/usc/42/1320b–8.md?p=a-3-A) and is qualified to receive such payments.
  - (2) **Waiver regarding certain secondary agreements—**
    - (A) In the case of an entity making an [agreement](/usc/42/1320b–8.md?p=a-3-A) pursuant to [paragraph (1)(B)](#b-1-B) regarding the provision of [services](/usc/42/201.md?p=a), the requirement established in such paragraph regarding a participation [agreement](/usc/42/1320b–8.md?p=a-3-A) shall be waived by the [Secretary](/usc/42/201.md?p=c) if the entity does not, in providing health care [services](/usc/42/201.md?p=a), impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or [State](/usc/42/300ff–88.md?p=11-A) health benefits [program](/usc/42/274l–1.md?p=4).
    - (B) A determination by the [Secretary](/usc/42/201.md?p=c) of whether an entity referred to in [subparagraph (A)](#b-2-A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations regarding the provision of [services](/usc/42/201.md?p=a) to the public.

## Source credit

(July 1, 1944, ch. 373, title XXVI, § 2652, as added Pub. L. 101–381, title III, § 301(a), Aug. 18, 1990, 104 Stat. 607; amended Pub. L. 101–557, title IV, § 401(b)(3), Nov. 15, 1990, 104 Stat. 2771; Pub. L. 104–146, § 3(d)(2), May 20, 1996, 110 Stat. 1357; Pub. L. 107–251, title VI, § 601(a), Oct. 26, 2002, 116 Stat. 1664; Pub. L. 108–163, § 2(m)(3), Dec. 6, 2003, 117 Stat. 2023; Pub. L. 109–415, title III, § 302(a), title VII, § 703, Dec. 19, 2006, 120 Stat. 2806, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsec. (b)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Social Security Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

### Amendments

2009—Pub. L. 111–87 repealed Pub. L. 109–415, § 703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below.

2006—Pub. L. 109–415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 111–87, § 2(a)(1), effective Sept. 30, 2009.

Subsec. (a). Pub. L. 109–415, § 302(a), amended heading and text of subsec. (a) generally, substituting provisions listing eligible entities and directing that such entities serve underserved populations for provisions listing eligible entities.

2003—Subsec. (a)(2). Pub. L. 108–163 substituted “254b(h)” for “256”.

2002—Pub. L. 107–251, which directed the substitution of “254b(h)” for “256” in subsec. (2), could not be executed because section does not contain a subsec. (2).

1996—Subsec. (b)(1)(B). Pub. L. 104–146 inserted “, or a private for-profit entity if such entity is the only available provider of quality HIV care in the area,” after “nonprofit private entity”.

1990—Subsec. (a). Pub. L. 101–557 substituted “referred to in section 300ff–51(a) of this title” for “referred to in subsection (b) of this section”, redesignated pars. (A) to (F) as (1) to (6), respectively, and substituted “nonprofit private entities that provide” for “a nonprofit private entity that provides” in par. (6).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2009 Amendment; Revival of Section

For provisions that repeal by section 2(a)(1) of Pub. L. 111–87 of section 703 of Pub. L. 109–415 be effective Sept. 30, 2009, and that the provisions of this section as in effect on Sept. 30, 2009, be revived, see section 2(a)(2), (3)(A) of Pub. L. 111–87, set out as a note under section 300ff–11 of this title.

### Effective Date of 2003 Amendment

Amendment by Pub. L. 108–163 deemed to have taken effect immediately after the enactment of Pub. L. 107–251, see section 3 of Pub. L. 108–163, set out as a note under section 233 of this title.

### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–146 effective Oct. 1, 1996, see section 13 of Pub. L. 104–146, set out as a note under section 300ff–11 of this title.

### Reference to Community, Migrant, Public Housing, or Homeless Health Center Considered Reference to Health Center

Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of this title.