STATE APPLICATION.

SEC. 205. STATE APPLICATION. (a) Determination of Size and Needs of Population; Comprehensive Plan.—Section 2617(b) of the Public Health Service Act (42 U.S.C. 300ff–27(b)) is amended— (1) by redesignating paragraphs (2) through (4) as paragraphs (4) through (6), respectively; (2) by inserting after paragraph (1) the following paragraphs: “(2) a determination of the size and demographics of the population of individuals with HIV disease in the State; “(3) a determination of the needs of such population, with particular attention to— “(A) individuals with HIV disease who know their HIV status and are not receiving HIV-related services; and “(B) disparities in access and services among affected subpopulations and historically underserved communities;”; and (3) in paragraph (4) (as so redesignated)— 114 STAT. 1333 (A) by striking “comprehensive plan for the organization” and inserting “comprehensive plan that describes the organization”; (B) by striking “, including—” and inserting “, and that—”; (C) by redesignating subparagraphs (A) through (C) as subparagraphs (D) through (F), respectively; (D) by inserting before subparagraph (C) the following subparagraphs: “(A) establishes priorities for the allocation of funds within the State based on— “(i) size and demographics of the population of individuals with HIV disease (as determined under paragraph (2)) and the needs of such population (as determined under paragraph (3)); “(ii) availability of other governmental and nongovernmental resources, including the State medicaid plan under title XIX of the Social Security Act and the State Children’s Health Insurance Program under title XXI of such Act to cover health care costs of eligible individuals and families with HIV disease; “(iii) capacity development needs resulting from disparities in the availability of HIV-related services in historically underserved communities and rural communities; and “(iv) the efficiency of the administrative mechanism of the State for rapidly allocating funds to the areas of greatest need within the State; “(B) includes a strategy for identifying individuals who know their HIV status and are not receiving such services and for informing the individuals of and enabling the individuals to utilize the services, giving particular attention to eliminating disparities in access and services among affected subpopulations and historically underserved communities, and including discrete goals, a timetable, and an appropriate allocation of funds; “(C) includes a strategy to coordinate the provision of such services with programs for HIV prevention (including outreach and early intervention) and for the prevention and treatment of substance abuse (including programs that provide comprehensive treatment services for such abuse);”; (E) in subparagraph (D) (as redesignated by subparagraph (C) of this paragraph), by inserting “describes” before “the services and activities”; (F) in subparagraph (E) (as so redesignated), by inserting “provides” before “a description”; and (G) in subparagraph (F) (as so redesignated), by inserting “provides” before “a description”. (b) Public Participation.—Section 2617(b) of the Public Health Service Act, as amended by subsection (a) of this section, is amended— (1) in paragraph (5), by striking “HIV” and inserting “HIV disease”; and (2) in paragraph (6), by amending subparagraph (A) to read as follows: 114 STAT. 1334 “(A) the public health agency that is administering the grant for the State engages in a public advisory planning process, including public hearings, that includes the participants under paragraph (5), and the types of entities described in section 2602(b)(2), in developing the comprehensive plan under paragraph (4) and commenting on the implementation of such plan;”. (c) Health Care Relationships.—Section 2617(b) of the Public Health Service Act, as amended by subsection (a) of this section, is amended in paragraph (6)— (1) in subparagraph (E), by striking “and” at the end; (2) in subparagraph (F), by striking the period and inserting “; and”; and (3) by adding at the end the following subparagraph: “(G) entities within areas in which activities under the grant are carried out will maintain appropriate relationships with entities in the area served that constitute key points of access to the health care system for individuals with HIV disease (including emergency rooms, substance abuse treatment programs, detoxification centers, adult and juvenile detention facilities, sexually transmitted disease clinics, HIV counseling and testing sites, mental health programs, and homeless shelters), and other entities under section 2612(c) and 2652(a), for the purpose of facilitating early intervention for individuals newly diagnosed with HIV disease and individuals knowledgeable of their HIV status but not in care.”.