§300ff–26. Provision of treatments — Inbound Citations
42 U.S.C. § 300ff–26
Cited by 16 provisions in release 119-102.
Citations to 42 U.S.C. § 300ff–26 as a whole
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(B) For grants used for supplemental support education and outreach services to increase the number of eligible racial and ethnic minorities who have access to treatment through the program under section 300ff–26 of this title for therapeutics, the Secretary shall, of the amount appropriated for a fiscal year under subsection (a), reserve the following, as applicable:(i) For fiscal year 2007, $7,000,000.(ii) For fiscal year 2008, $7,300,000.(iii) For fiscal year 2009, $7,500,000.(iv) For fiscal year 2010, $8,763,000.(v) For fiscal year 2011, $9,202,000.(vi) For fiscal year 2012, $9,662,000.(vii) For fiscal year 2013, $10,145,000.
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(i) there are no waiting lists for AIDS Drug Assistance Program services under section 300ff–26 of this title; and
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(B) AIDS Drug Assistance Program treatments in accordance with section 300ff–26 of this title.
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(i) there are no waiting lists for AIDS Drug Assistance Program services under section 300ff–26 of this title; and
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(B) AIDS Drug Assistance Program treatments in accordance with section 300ff–26 of this title.
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(i) With respect to the fiscal year involved, if under section 300ff–31b of this title an appropriations Act provides an amount exclusively for carrying out section 300ff–26 of this title, the portion of such amount allocated to a State shall be the product of—(I) 100 percent of such amount, less the percentage reserved under clause (ii)(V); and(II) the percentage constituted by the ratio of the State distribution factor for the State (as determined under subparagraph (B)) to the sum of the State distribution factors for all States;
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(I) From amounts made available under subclause (V), the Secretary shall award supplemental grants to States described in subclause (II) to enable such States to purchase and distribute to eligible individuals under section 300ff–26(b) of this title pharmaceutical therapeutics described under subsections (c)(2) and (e) of such section.
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(V) For the purpose of making grants under this clause, the Secretary shall each fiscal year reserve 5 percent of the amount referred to in clause (i) with respect to section 300ff–26 of this title.
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(A) Of the amount appropriated under subsection (a) for a fiscal year in excess of the 2006 adjusted amount, the Secretary shall reserve ⅓ for grants under section 300ff–29a of this title, except that the availability of the reserved funds for such grants is subject to section 300ff–28(a)(2)(H) of this title as applied for such year, and except that any amount appropriated exclusively for carrying out section 300ff–26 of this title (and, accordingly, distributed under section 300ff–28(a)(2)(F) of this title) is not subject to this subparagraph.
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(B) For purposes of subparagraph (A), the term “2006 adjusted amount” means the amount appropriated for fiscal year 2006 under section 300ff–77(b) of this title) (as such section was in effect for such fiscal year), excluding any amount appropriated for such year exclusively for carrying out section 300ff–26 of this title (and, accordingly, distributed under section 300ff–28(a)(2)(I) of this title, as so in effect).
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(i) there are no waiting lists for AIDS Drug Assistance Program services under section 300ff–26 of this title; and
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(B) AIDS Drug Assistance Program treatments under section 300ff–26 of this title.
Citations to §300ff–26(a)
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(II) For purposes of subclause (I), a State shall be an eligible State if the State did not have unobligated funds subject to reallocation under subsection (d) in the previous fiscal year and, in accordance with criteria established by the Secretary, demonstrates a severe need for a grant under this clause. For purposes of determining severe need, the Secretary shall consider eligibility standards, formulary composition, the number of eligible individuals to whom a State is unable to provide therapeutics described in section 300ff–26(a) of this title, and an unanticipated increase of eligible individuals with HIV/AIDS.
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(IV) Amounts made available under a grant under this clause shall only be used by the State to provide HIV/AIDS-related medications. The State shall coordinate the use of such amounts with the amounts otherwise provided under section 300ff–26(a) of this title in order to maximize drug coverage.
Citations to §300ff–26(b)
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(I) From amounts made available under subclause (V), the Secretary shall award supplemental grants to States described in subclause (II) to enable such States to purchase and distribute to eligible individuals under section 300ff–26(b) of this title pharmaceutical therapeutics described under subsections (c)(2) and (e) of such section.
Citations to §300ff–26(g)
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(d) For purposes of this section, funds that are drug rebates referred to in section 300ff–26(g) of this title may not be considered part of any grant award referred to in subsection (a). If an expenditure of ADAP rebate funds would trigger a penalty under this section or a higher penalty than would otherwise have applied, the State may request that for purposes of this section, the Secretary deem the State’s unobligated balance to be reduced by the amount of rebate funds in the proposed expenditure. Notwithstanding 300ff–28(a)(2)(F)1 of this title, any unobligated amount under section 300ff–28(a)(2)(F)(ii)(V) of this title that is returned to the Secretary for reallocation shall be used by the Secretary for—(2) for additional amounts for grants pursuant to section 300ff–29a of this title.