---
kind: "section"
citation: "42 U.S.C. § 300ff–51"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ff–51"
heading: "Establishment of a program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300ff-51"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXIV — Hiv Health Care Services Program"
  - "Part C — Early Intervention Services"
  - "Subpart i — categorical grants"
---

# §300ff–51. Establishment of a program

- (a) **In general—** For the purposes described in [subsection (b)](#b), the [Secretary](/usc/42/201.md?p=c), acting through the [Administrator](/usc/42/300bb–8.md?p=4) of the Health Resources and [Services](/usc/42/201.md?p=a) Administration, may make grants to public and [nonprofit](/usc/42/300s–3.md?p=3) private entities specified in [section 300ff–52(a) of this title](/usc/42/300ff–52.md?p=a).
- (b) **Requirements—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) unless the applicant for the grant agrees to expend the grant only for—
    - (A) core medical [services](/usc/42/201.md?p=a) described in [subsection (c)](#c);
    - (B) support [services](/usc/42/201.md?p=a) described in [subsection (d)](#d); and
    - (C) administrative expenses as described in [section 300ff–64(g)(3) of this title](/usc/42/300ff–64.md?p=g-3).
  - (2) **Early intervention services—** An applicant for a grant under [subsection (a)](#a) shall expend not less than 50 percent of the amount received under the grant for the [services](/usc/42/201.md?p=a) described in subparagraphs [(B)](#e-1-B) through [(E)](#e-1-E) of subsection (e)(1) for individuals with HIV/AIDS.
- (c) **Required funding for core medical services—**
  - (1) **In general—** With respect to a grant under [subsection (a)](#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 300ff–64(g) of this title](/usc/42/300ff–64.md?p=g), use not less than 75 percent to provide core medical [services](/usc/42/201.md?p=a) that are needed in the area involved for individuals with HIV/AIDS who are identified and eligible under this subchapter (including [services](/usc/42/201.md?p=a) regarding the co-occurring conditions of the individuals).
  - (2) **Waiver—**
    - (A) The [Secretary](/usc/42/201.md?p=c) shall waive the application of [paragraph (1)](#c-1) with respect to an applicant for a grant if the [Secretary](/usc/42/201.md?p=c) determines that, within the [service](/usc/42/201.md?p=a) area of the applicant—
      - (i) there are no waiting lists for AIDS [Drug](/usc/42/11851.md?p=4) Assistance [Program](/usc/42/274l–1.md?p=4) [services](/usc/42/201.md?p=a) under [section 300ff–26 of this title](/usc/42/300ff–26.md); and
      - (ii) core medical [services](/usc/42/201.md?p=a) are available to all individuals with HIV/AIDS identified and eligible under this subchapter.
    - (B) **Notification of waiver status.—** When informing an applicant that a grant under [subsection (a)](#a) is being made for a fiscal year, the [Secretary](/usc/42/201.md?p=c) shall inform the applicant whether a waiver under [subparagraph (A)](#c-2-A) is in effect for the fiscal year.
  - (3) **Core medical services—** For purposes of this subsection, the term “core medical [services](/usc/42/201.md?p=a)”, with respect to an individual with HIV/AIDS (including the co-occurring conditions of the individual) means the following [services](/usc/42/201.md?p=a):
    - (A) Outpatient and ambulatory health [services](/usc/42/201.md?p=a).
    - (B) AIDS [Drug](/usc/42/11851.md?p=4) Assistance [Program](/usc/42/274l–1.md?p=4) [treatments](/usc/42/11851.md?p=11) under [section 300ff–26 of this title](/usc/42/300ff–26.md).
    - (C) AIDS pharmaceutical assistance.
    - (D) Oral health care.
    - (E) Early intervention [services](/usc/42/201.md?p=a) described in [subsection (e)](#e).
    - (F) Health insurance premium and cost sharing assistance for low-income individuals in accordance with [section 300ff–25 of this title](/usc/42/300ff–25.md).
    - (G) Home health care.
    - (H) Medical nutrition therapy.
    - (I) Hospice [services](/usc/42/201.md?p=a).
    - (J) Home and community-based health [services](/usc/42/201.md?p=a) as defined under [section 300ff–24(c) of this title](/usc/42/300ff–24.md?p=c).
    - (K) Mental health [services](/usc/42/201.md?p=a).
    - (L) Substance abuse outpatient care.
    - (M) Medical case management, including [treatment](/usc/42/11851.md?p=11) adherence [services](/usc/42/201.md?p=a).
- (d) **Support services—**
  - (1) **In general—** For purposes of this section, the term “support [services](/usc/42/201.md?p=a)” means [services](/usc/42/201.md?p=a), subject to the approval of the [Secretary](/usc/42/201.md?p=c), 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](/usc/42/201.md?p=a), medical transportation, linguistic [services](/usc/42/201.md?p=a), and referrals for health care and support [services](/usc/42/201.md?p=a)).
  - (2) **Definition of medical outcomes—** In this section, the term “medical outcomes” means those outcomes affecting the HIV-related clinical status of an individual with HIV/AIDS.
- (e) **Specification of early intervention services—**
  - (1) **In general—** The early intervention [services](/usc/42/201.md?p=a) referred to in this section are—
    - (A) counseling individuals with respect to HIV/AIDS in accordance with [section 300ff–62 of this title](/usc/42/300ff–62.md);
    - (B) testing individuals with respect to HIV/AIDS, including tests to confirm the presence of the disease, tests to diagnose the extent of the deficiency in the immune system, and tests to provide information on appropriate therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from HIV/AIDS;
    - (C) referrals described in [paragraph (2)](#e-2);
    - (D) other clinical and diagnostic [services](/usc/42/201.md?p=a) regarding HIV/AIDS, and periodic medical evaluations of individuals with HIV/AIDS; and
    - (E) providing the therapeutic measures described in [subparagraph (B)](#e-1-B).
  - (2) **Referrals—** The [services](/usc/42/201.md?p=a) referred to in [paragraph (1)(C)](#e-1-C) are referrals of individuals with HIV/AIDS to appropriate [providers](/usc/42/299b–21.md?p=8) of health and support [services](/usc/42/201.md?p=a), including, as appropriate—
    - (A) to entities receiving amounts under part A or B for the provision of such [services](/usc/42/201.md?p=a);
    - (B) to biomedical research facilities of institutions of higher education that offer experimental [treatment](/usc/42/11851.md?p=11) for such disease, or to community-based organizations or other entities that provide such [treatment](/usc/42/11851.md?p=11); or
    - (C) to grantees under [section 300ff–71 of this title](/usc/42/300ff–71.md), in the case of a pregnant woman.
  - (3) **Requirement of availability of all early intervention services through each grantee—**
    - (A) **In general—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [subsection (a)](#a) unless the applicant for the grant agrees that each of the early intervention [services](/usc/42/201.md?p=a) specified in [paragraph (2)](#e-2) will be available through the grantee. With respect to compliance with such agreement, such a grantee may expend the grant to provide the early intervention [services](/usc/42/201.md?p=a) directly, and may expend the grant to enter into agreements with public or [nonprofit](/usc/42/300s–3.md?p=3) private entities, or private for-profit entities if such entities are the only available [provider](/usc/42/299b–21.md?p=8) of quality HIV care in the area, under which the entities provide the [services](/usc/42/201.md?p=a).
    - (B) **Other requirements—** Grantees described in—
      - (i) subparagraphs (A), (D), (E), and (F) of [section 300ff–52(a)(1) of this title](/usc/42/300ff–52.md?p=a-1) shall use not less than 50 percent of the amount of such a grant to provide the [services](/usc/42/201.md?p=a) described in subparagraphs [(A)](#e-1-A), [(B)](#e-1-B), [(D)](#e-1-D), and [(E)](#e-1-E) of paragraph (1) directly and on-site or at sites where other primary [care services](/usc/42/300z–1.md?p=a-7) are rendered; and
      - (ii) subparagraphs (B) and (C) of [section 300ff–52(a)(1) of this title](/usc/42/300ff–52.md?p=a-1) shall ensure the availability of early intervention [services](/usc/42/201.md?p=a) through a system of linkages to community-based primary care [providers](/usc/42/299b–21.md?p=8), and to establish mechanisms for the referrals described in [paragraph (1)(C)](#e-1-C), and for follow-up concerning such referrals.

## Source credit

(July 1, 1944, ch. 373, title XXVI, § 2651, as added Pub. L. 101–381, title III, § 301(a), Aug. 18, 1990, 104 Stat. 606; amended Pub. L. 101–557, title IV, § 401(b)(2), Nov. 15, 1990, 104 Stat. 2771; Pub. L. 104–146, §§ 3(d)(1), 12(c)(7), May 20, 1996, 110 Stat. 1357, 1374; Pub. L. 109–415, title III, § 301(a), title VII, § 703, Dec. 19, 2006, 120 Stat. 2803, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

## Notes

### Editorial Notes

### 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, § 301(a), amended section catchline and text generally, reenacting subsec. (a) without change and substituting subsecs. (b) to (e) for former subsecs. (b) and (c), which related to purposes of grants and participation in a consortium, respectively.

1996—Subsec. (b)(1). Pub. L. 104–146, § 3(d)(1)(A), inserted before period “, and unless the applicant agrees to expend not less than 50 percent of the grant for such services that are specified in subparagraphs (B) through (E) of such paragraph for individuals with HIV disease”.

Subsec. (b)(3)(B). Pub. L. 104–146, § 12(c)(7)(A), substituted “facilities” for “facility”.

Subsec. (b)(4). Pub. L. 104–146, § 3(d)(1)(B), designated existing provisions as subpar. (A) and inserted heading, inserted “, or private for-profit entities if such entities are the only available provider of quality HIV care in the area,” after “nonprofit private entities”, realigned margin, and added subpar. (B).

Subsec. (c). Pub. L. 104–146, § 12(c)(7)(B), substituted “exists” for “exist”.

1990—Subsec. (a). Pub. L. 101–557 substituted “section 300ff–52(a)” for “section 300ff–52(a)(1)”.

### 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.