USE OF AMOUNTS.

SEC. 121. USE OF AMOUNTS. (a) Primary Purposes.—Section 2604(b)(1) of the Public Health Service Act (42 U.S.C. 300ff–14(b)(1) is amended— 114 STAT. 1327 (1) in the matter preceding subparagraph (A), by striking “HIV-related—” and inserting “HIV-related services, as follows:”; (2) in subparagraph (A)— (A) by striking “outpatient” and all that follows through “substance abuse treatment and” and inserting the following: “Outpatient and ambulatory health services, including substance abuse treatment,”; and (B) by striking “; and” and inserting a period; (3) in subparagraph (B), by striking “(B) inpatient case management” and inserting “(C) Inpatient case management”; (4) by inserting after subparagraph (A) the following subparagraph: “(B) Outpatient and ambulatory support services (including case management), to the extent that such services facilitate, enhance, support, or sustain the delivery, continuity, or benefits of health services for individuals and families with HIV disease.”; and (5) by adding at the end the following: “(D) Outreach activities that are intended to identify individuals with HIV disease who know their HIV status and are not receiving HIV-related services, and that are— “(i) necessary to implement the strategy under section 2602(b)(4)(D), including activities facilitating the access of such individuals to HIV-related primary care services at entities described in paragraph (3)(A); “(ii) conducted in a manner consistent with the requirements under sections 2605(a)(3) and 2651(b)(2); and “(iii) supplement, and do not supplant, such activities that are carried out with amounts appropriated under section 317.”. (b) Early Intervention Services.—Section 2604(b) (42 U.S.C. 300ff–14(b)) of the Public Health Service Act is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: “(3) Early intervention services.— “(A) In general.—The purposes for which a grant under section 2601 may be used include providing to individuals with HIV disease early intervention services described in section 2651(b)(2), with follow-up referral provided for the purpose of facilitating the access of individuals receiving the services to HIV-related health services. The entities through which such services may be provided under the grant include public health departments, emergency rooms, substance abuse and mental health treatment programs, detoxification centers, detention facilities, clinics regarding sexually transmitted diseases, homeless shelters, HIV disease counseling and testing sites, health care points of entry specified by eligible areas, federally qualified health centers, and entities described in section 2652(a) that constitute a point of access to services by maintaining referral relationships. “(B) Conditions.—With respect to an entity that proposes to provide early intervention services under subparagraph (A), such subparagraph applies only if the entity 114 STAT. 1328demonstrates to the satisfaction of the chief elected official for the eligible area involved that— “(i) Federal, State, or local funds are otherwise inadequate for the early intervention services the entity proposes to provide; and “(ii) the entity will expend funds pursuant to such subparagraph to supplement and riot supplant other funds available to the entity for the provision of early intervention services for the fiscal year involved.”. (c) Priority for Women, Infants, and Children.—Section 2604(b) (42 U.S.C. 300ff–14(b)) of the Public Health Service Act is amended in paragraph (4) (as redesignated by subsection (b)(1) of this section) by amending the paragraph to read as follows: “(4) Priority for women, infants and children.— “(A) In general.—For the purpose of providing health and support services to infants, children, youth, and women with HIV disease, including treatment measures to prevent the perinatal transmission of HIV, the chief elected official of an eligible area, in accordance with the established priorities of the planning council, shall for each of such populations in the eligible area use, from the grants made for the area under section 2601(a) for a fiscal year, not less than the percentage constituted by the ratio of the population involved (infants, children, youth, or women in such area) with acquired immune deficiency syndrome to the general population in such area of individuals with such syndrome. “(B) Waiver.—With respect to the population involved, the Secretary may provide to the chief elected official of an eligible area a waiver of the requirement of subparagraph (A) if such official demonstrates to the satisfaction of the Secretary that the population is receiving HIV-related health services through the State medicaid program under title XIX of the Social Security Act, the State children’s health insurance program under title XXI of such Act, or other Federal or State programs.”. (d) Quality Management.—Section 2604 of the Public Health Service Act (42 U.S.C. 300ff–14) is amended— (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2) by inserting after subsection (b) the following: “(c) Quality Management.— “(1) Requirement.—The chief elected official of an eligible area that receives a grant under this part shall provide for the establishment of a quality management program to assess the extent to which HIV health services provided to patients under the grant are consistent with the most recent Public Health Service guidelines for the treatment of HIV disease and related opportunistic infection, and as applicable, to develop strategies for ensuring that such services are consistent with the guidelines for improvement in the access to and quality of HIV health services. “(2) Use of funds.—From amounts received under a grant awarded under this part for a fiscal year, the chief elected official of an eligible area may (in addition to amounts to which subsection (f)(1) applies) use for activities associated 114 STAT. 1329with the quality management program required in paragraph (1) not more than the lesser of— “(A) 5 percent of amounts received under the grant; or “(B) $3,000,000.”.