---
kind: "section"
citation: "42 U.S.C. § 300ff–23"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ff–23"
heading: "Grants to establish HIV care consortia"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300ff-23"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXIV — Hiv Health Care Services Program"
  - "Part B — Care Grant Program"
  - "Subpart i — general grant provisions"
---

# §300ff–23. Grants to establish HIV care consortia

- (a) **Consortia—** A [State](/usc/42/201.md?p=f) may, subject to [subsection (f)](#f), use amounts provided under a grant awarded under [section 300ff–21 of this title](/usc/42/300ff–21.md) to provide assistance under [section 300ff–22(a) of this title](/usc/42/300ff–22.md?p=a) to an entity that—
  - (1) is an association of one or more public, and one or more [nonprofit](/usc/42/300s–3.md?p=3) private,[^1] (or private for-profit [providers](/usc/42/299b–21.md?p=8) or organizations if such entities are the only available [providers](/usc/42/299b–21.md?p=8) of quality HIV care in the area)[^1] health care and support [service](/usc/42/201.md?p=a) [providers](/usc/42/299b–21.md?p=8) and [community based](/usc/42/11851.md?p=1) organizations operating within areas determined by the [State](/usc/42/201.md?p=f) to be most affected by HIV/AIDS; and
  - (2) agrees to use such assistance for the planning, development and delivery, through the direct provision of [services](/usc/42/201.md?p=a) or through entering into agreements with other entities for the provision of such [services](/usc/42/201.md?p=a), of comprehensive outpatient health and support [services](/usc/42/201.md?p=a) for individuals with HIV/AIDS, that may include—
    - (A) essential health [services](/usc/42/201.md?p=a) such as case management [services](/usc/42/201.md?p=a), medical, nursing, substance abuse [treatment](/usc/42/11851.md?p=11), mental health [treatment](/usc/42/11851.md?p=11), and dental care, diagnostics, monitoring, prophylactic [treatment](/usc/42/11851.md?p=11) for opportunistic infections, [treatment](/usc/42/11851.md?p=11) education to take place in the context of health care delivery, and medical follow-up [services](/usc/42/201.md?p=a), mental health, developmental, and rehabilitation [services](/usc/42/201.md?p=a), home health and hospice care; and
    - (B) essential support [services](/usc/42/201.md?p=a) such as transportation [services](/usc/42/201.md?p=a), attendant care, homemaker [services](/usc/42/201.md?p=a), day or respite care, benefits advocacy, advocacy [services](/usc/42/201.md?p=a) provided through public and [nonprofit](/usc/42/300s–3.md?p=3) private entities, and [services](/usc/42/201.md?p=a) that are incidental to the provision of health [care services](/usc/42/300z–1.md?p=a-7) for individuals with HIV/AIDS including nutrition [services](/usc/42/201.md?p=a), housing referral [services](/usc/42/201.md?p=a), and child welfare and family [services](/usc/42/201.md?p=a) (including foster care and adoption [services](/usc/42/201.md?p=a)).

  An entity or entities of the type described in this subsection shall hereinafter be referred to in this subchapter as a “[consortium](/usc/42/17061.md?p=4)” or “consortia”.

- (b) **Assurances—**
  - (1) **Requirement—** To receive assistance from a [State](/usc/42/201.md?p=f) under [subsection (a)](#a), an applicant [consortium](/usc/42/17061.md?p=4) shall provide the [State](/usc/42/201.md?p=f) with assurances that—
    - (A) within any locality in which such [consortium](/usc/42/17061.md?p=4) is to operate, the populations and subpopulations of individuals and families with HIV/AIDS have been identified by the [consortium](/usc/42/17061.md?p=4), particularly those experiencing disparities in access and [services](/usc/42/201.md?p=a) and those who reside in historically underserved communities;
    - (B) the [service](/usc/42/201.md?p=a) plan established under [subsection (c)(2)](#c-2) by such [consortium](/usc/42/17061.md?p=4) is consistent with the comprehensive plan under [section 300ff–27(b)(4) of this title](/usc/42/300ff–27.md?p=b-4) and addresses the special care and [service](/usc/42/201.md?p=a) needs of the populations and subpopulations identified under [subparagraph (A)](#b-1-A); and
    - (C) except as provided in [paragraph (2)](#b-2), the [consortium](/usc/42/17061.md?p=4) will be a single coordinating entity that will integrate the delivery of [services](/usc/42/201.md?p=a) among the populations and subpopulations identified under [subparagraph (A)](#b-1-A).
  - (2) **Exception—** [Subparagraph (C)](#b-1-C) of paragraph (1) shall not apply to any applicant [consortium](/usc/42/17061.md?p=4) that the [State](/usc/42/201.md?p=f) determines will operate in a community or locality in which it has been demonstrated by the applicant [consortium](/usc/42/17061.md?p=4) that—
    - (A) subpopulations exist within the community to be served that have unique [service](/usc/42/201.md?p=a) requirements; and
    - (B) such unique [service](/usc/42/201.md?p=a) requirements cannot be adequately and efficiently addressed by a single [consortium](/usc/42/17061.md?p=4) serving the entire community or locality.
- (c) **Application—**
  - (1) **In general—** To receive assistance from the [State](/usc/42/201.md?p=f) under [subsection (a)](#a), a [consortium](/usc/42/17061.md?p=4) shall prepare and submit to the [State](/usc/42/201.md?p=f), an application that—
    - (A) demonstrates that the [consortium](/usc/42/17061.md?p=4) includes [agencies](/usc/42/8262.md?p=1) and community-based organizations—
      - (i) with a record of [service](/usc/42/201.md?p=a) to populations and subpopulations with HIV/AIDS requiring care within the community to be served; and
      - (ii) that are representative of populations and subpopulations reflecting the local incidence of HIV and that are located in areas in which such populations reside;
    - (B) demonstrates that the [consortium](/usc/42/17061.md?p=4) has carried out an assessment of [service](/usc/42/201.md?p=a) needs within the geographic area to be served and, after consultation with the entities described in [paragraph (2)](#c-2), has established a plan to ensure the delivery of [services](/usc/42/201.md?p=a) to meet such identified needs that shall include—
      - (i) assurances that [service](/usc/42/201.md?p=a) needs will be addressed through the coordination and expansion of existing [programs](/usc/42/274l–1.md?p=4) before new [programs](/usc/42/274l–1.md?p=4) are created;
      - (ii) assurances that, in metropolitan areas, the geographic area to be served by the [consortium](/usc/42/17061.md?p=4) corresponds to the geographic boundaries of local health and support [services](/usc/42/201.md?p=a) delivery systems to the extent practicable;
      - (iii) assurances that, in the case of [services](/usc/42/201.md?p=a) for individuals residing in rural areas, the applicant [consortium](/usc/42/17061.md?p=4) shall deliver case management [services](/usc/42/201.md?p=a) that link available community support [services](/usc/42/201.md?p=a) to appropriate specialized medical [services](/usc/42/201.md?p=a); and
      - (iv) assurances that the assessment of [service](/usc/42/201.md?p=a) needs and the planning of the delivery of [services](/usc/42/201.md?p=a) will include participation by individuals with HIV/AIDS;
    - (C) demonstrates that adequate planning has occurred to meet the special needs of families with HIV/AIDS, including family centered and youth centered care;
    - (D) demonstrates that the [consortium](/usc/42/17061.md?p=4) has created a mechanism to evaluate periodically—
      - (i) the success of the [consortium](/usc/42/17061.md?p=4) in responding to identified needs; and
      - (ii) the cost-effectiveness of the mechanisms employed by the [consortium](/usc/42/17061.md?p=4) to deliver comprehensive care;
    - (E) demonstrates that the [consortium](/usc/42/17061.md?p=4) will report to the [State](/usc/42/201.md?p=f) the results of the evaluations described in [subparagraph (D)](#c-1-D) and shall make available to the [State](/usc/42/201.md?p=f) or the [Secretary](/usc/42/201.md?p=c), on request, such data and information on the [program](/usc/42/274l–1.md?p=4) methodology that may be required to perform an independent evaluation; and
    - (F) demonstrates that adequate planning occurred to address disparities in access and [services](/usc/42/201.md?p=a) and historically underserved communities.
  - (2) **Consultation—** In establishing the plan required under [paragraph (1)(B)](#c-1-B), the [consortium](/usc/42/17061.md?p=4) shall consult with—
    - (A)
      - (i) the public health [agency](/usc/42/8262.md?p=1) that provides or supports ambulatory and outpatient HIV-related health [care services](/usc/42/300z–1.md?p=a-7) within the geographic area to be served; or
      - (ii) in the case of a public health [agency](/usc/42/8262.md?p=1) that does not directly provide such HIV-related health [care services](/usc/42/300z–1.md?p=a-7) such [agency](/usc/42/8262.md?p=1) shall consult with an entity or entities that directly provide ambulatory and outpatient HIV-related health [care services](/usc/42/300z–1.md?p=a-7) within the geographic area to be served;
    - (B) not less than one community-based organization that is organized solely for the purpose of providing HIV-related support [services](/usc/42/201.md?p=a) to individuals with HIV/AIDS;
    - (C) grantees under [section 300ff–71 of this title](/usc/42/300ff–71.md), or, if none are operating in the area, representatives in the area of organizations with a history of serving children, youth, women, and families living with HIV; and
    - (D) the types of entities described in [section 300ff–12(b)(2) of this title](/usc/42/300ff–12.md?p=b-2).

    The organization to be consulted under [subparagraph (B)](#c-2-B) shall be at the discretion of the applicant [consortium](/usc/42/17061.md?p=4).

- (d) **“Family centered care” defined—** As used in [section 300ff–21 of this title](/usc/42/300ff–21.md), the term “family centered care” means the system of [services](/usc/42/201.md?p=a) described in this section that is targeted specifically to the special needs of infants, children, women, and families. Family centered care shall be based on a partnership between parents, professionals, and the community designed to ensure an integrated, coordinated, culturally sensitive, and community-based continuum of care for children, women, and families with HIV/AIDS.
- (e) **Priority—** In providing assistance under [subsection (a)](#a), the [State](/usc/42/201.md?p=f) shall, among applicants that meet the requirements of this section, give priority—
  - (1) first to consortia that are receiving assistance from the Health Resources and [Services](/usc/42/201.md?p=a) Administration for adult and pediatric HIV-related care demonstration [projects](/usc/42/13641.md?p=2); and then
  - (2) to any other existing HIV care consortia.
- (f) **Allocation of funds; treatment as support services—** For purposes of the requirement of [section 300ff–22(b)(1) of this title](/usc/42/300ff–22.md?p=b-1), expenditures of grants under [section 300ff–21 of this title](/usc/42/300ff–21.md) for or through consortia under this section are deemed to be support [services](/usc/42/201.md?p=a), not core medical [services](/usc/42/201.md?p=a). The preceding sentence may not be construed as having any legal effect on the provisions of [subsection (a)](#a) that relate to authorized expenditures of the grant.

## Footnotes

[^1]: So in original. The comma probably should follow parenthetical phrase.

## Source credit

(July 1, 1944, ch. 373, title XXVI, § 2613, as added Pub. L. 101–381, title II, § 201, Aug. 18, 1990, 104 Stat. 586; amended Pub. L. 104–146, § 3(c)(2), May 20, 1996, 110 Stat. 1354; Pub. L. 106–345, title II, § 203, Oct. 20, 2000, 114 Stat. 1331; Pub. L. 109–415, title II, §§ 201(b), 204(a), title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 2787, 2796, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

## Notes

### Editorial Notes

### Codification

Another section 3(c)(2) of Pub. L. 104–146 amended section 300ff–22 of this title.

### Prior Provisions

A prior section 2613 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238l of this title.

### 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.

Pub. L. 109–415, § 702(3), substituted “HIV/AIDS” for “HIV disease” wherever appearing.

Subsec. (a). Pub. L. 109–415, § 204(a), substituted “section 300ff–21 of this title” for “this part” in introductory provisions.

Pub. L. 109–415, § 201(b)(1), in introductory provisions substituted “may, subject to subsection (f), use” for “may use” and “section 300ff–22(a) of this title” for “section 300ff–22(a)(1) of this title”.

Subsec. (d). Pub. L. 109–415, § 204(a), substituted “section 300ff–21 of this title” for “this part”.

Subsec. (f). Pub. L. 109–415, § 201(b)(2), added subsec. (f).

2000—Subsec. (b)(1)(A). Pub. L. 106–345, § 203(1)(A), inserted “, particularly those experiencing disparities in access and services and those who reside in historically underserved communities” before semicolon.

Subsec. (b)(1)(B). Pub. L. 106–345, § 203(1)(B), inserted “is consistent with the comprehensive plan under section 300ff–27(b)(4) of this title and” after “by such consortium”.

Subsec. (c)(1)(F). Pub. L. 106–345, § 203(2), added subpar. (F).

Subsec. (c)(2)(D). Pub. L. 106–345, § 203(3), added subpar. (D).

1996—Subsec. (a)(1). Pub. L. 104–146, § 3(c)(2)(A)(i), inserted “(or private for-profit providers or organizations if such entities are the only available providers of quality HIV care in the area)” after “nonprofit private,”.

Subsec. (a)(2)(A). Pub. L. 104–146, § 3(c)(2)(A)(ii), inserted “substance abuse treatment, mental health treatment,” after “nursing,” and “prophylactic treatment for opportunistic infections, treatment education to take place in the context of health care delivery,” after “monitoring,”.

Subsec. (c)(1)(C). Pub. L. 104–146, § 3(c)(2)(B)(i), inserted “and youth centered” after “family centered”.

Subsec. (c)(2)(C). Pub. L. 104–146, § 3(c)(2)(B)(ii), added subpar. (C).

### 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 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.