PROVISION OF TREATMENTS.

SEC. 204. PROVISION OF TREATMENTS. (a) In General.—Section 2616(c) of the Public Health Service Act (42 U.S.C. 300ff–26(c)) is amended— (1) in paragraph (4), by striking “and” after the semicolon at the end; (2) in paragraph (5), by striking the period and inserting “; and”; and (3) by inserting after paragraph (5) the following: “(6) encourage, support, and enhance adherence to and compliance with treatment regimens, including related medical monitoring. Of the amount reserved by a State for a fiscal year for use under this section, the State may not use more than 5 percent to carry out services under paragraph (6), except that the percentage applicable with respect to such paragraph is 10 percent if the State demonstrates to the Secretary that such additional services are essential and in no way diminish access to the therapeutics described in subsection (a).”. (b) Health Insurance and Plans.—Section 2616 of the Public Health Service Act (42 U.S.C. 300ff–26) is amended by adding at the end the following subsection: “(e) Use of Health Insurance and Plans.— “(1) In general.—In carrying out subsection (a), a State may expend a grant under this part to provide the therapeutics described in such subsection by paying on behalf of individuals with HIV disease the costs of purchasing or maintaining health insurance or plans whose coverage includes a full range of such therapeutics and appropriate primary care services. “(2) Limitation.—The authority established in paragraph (1) applies only to the extent that, for the fiscal year involved, the costs of the health insurance or plans to be purchased or maintained under such paragraph do not exceed the costs of otherwise providing therapeutics described in subsection (a).”.