42 U.S.C. § 300ff–24

Grants for home- and community-based care

(a) Uses

A State may use amounts provided under a grant awarded under section 300ff–21 of this title to make grants under section 300ff–22(b)(3)(J) of this title to entities to—

(1)

provide home- and community-based health services for individuals with HIV/AIDS pursuant to written plans of care prepared by a case management team, that shall include appropriate health care professionals, in such State for providing such services to such individuals;

(2)

provide outreach services to individuals with HIV/AIDS, including those individuals in rural areas; and

(3)

provide for the coordination of the provision of services under this section with the provision of HIV-related health services, including specialty care and vaccinations for hepatitis co-infection, provided by public and private entities.

(b) Priority

In awarding grants under subsection (a), a State shall give priority to entities that provide assurances to the State that—

(1)

such entities will participate in HIV care consortia if such consortia exist within the State; and

(2)

such entities will utilize amounts provided under such grants for the provision of home- and community-based services to low-income individuals with HIV/AIDS.

(c) “Home- and community-based health services” defined

As used in section 300ff–21 of this title , the term “home- and community-based health services”—

(1)

means, with respect to an individual with HIV/AIDS, skilled health services furnished to the individual in the individual’s home pursuant to a written plan of care established by a case management team, that shall include appropriate health care professionals, for the provision of such services and items described in paragraph (2);

(2)

includes—

(A)

durable medical equipment;

(B)

home health aide services and personal care services furnished in the home of the individual;

(C)

day treatment or other partial hospitalization services;

(D)

home intravenous and aerosolized drug therapy (including prescription drugs administered as part of such therapy);

(E)

routine diagnostic testing administered in the home of the individual; and

(F)

appropriate mental health, developmental, and rehabilitation services; and

(3)

does not include—

(A)

inpatient hospital services; and

(B)

nursing home and other long term care facilities.

( July 1, 1944, ch. 373 , title XXVI, § 2614, as added Pub. L. 101–381, title II, § 201 , Aug. 18, 1990 , 104 Stat. 589 ; amended Pub. L. 109–415, title II , §§ 201(c)(2), 204(a), (b), title VII, §§ 702(3), 703, Dec. 19, 2006 , 120 Stat. 2788 , 2796, 2820; Pub. L. 111–87, § 2(a)(1) , (3)(A), Oct. 30, 2009 , 123 Stat. 2885 .)