Page:United States Statutes at Large Volume 104 Part 1.djvu/617

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PUBLIC LAW 101-381—AUG. 18, 1990 104 STAT. 583 tion as the Secretary shall require, including assurances adequate to ensure— "(I)(A) that funds received under a grant awarded under this part will be utilized to supplement not supplant State funds made available in the year for which the grant is awarded to provide HIV-related services to individuals with HIV disease; "(B) that the political subdivisions within the eligible area will maintain the level of expenditures by such political subdivisions for HIV-related services for individuals with HIV disease at a level that is equal to the level of such expenditures by such political subdivisions for the 1-year period preceding the first fiscal year for which a grant is received by the eligible area; and "(C) that political subdivisions within the eligible area will not use funds received under a grant awarded under this part in maintaining the level of expenditures for HIV-related services as required in subparagraph (B); "(2) that the eligible area has an HIV health services planning council and has entered into intergovernmental agreements pursuant to section 2602, and has developed or will develop the comprehensive plan in accordance with section 2602(b)(3)(B); "(3) that entities within the eligible area that will receive funds under a grant provided under section 2601(a) shall participate in an established HIV community-based continuum of care if such continuum exists within the eligible area; "(4) that funds received under a grant awarded under this part will not be utilized to make payments for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service— "(A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or "(B) by an entity that provides health services on a prepaid basis; and "(5) to the maximum extent practicable, that— Disadvantaged "(A) HIV health care and support services provided with persons, assistance made available under this part will be provided without regard— "(i) to the ability of the individual to pay for such services; and "(ii) to the current or past health condition of the individual to be served; "(B) such services will be provided in a setting that is accessible to low-income individuals with HIV-disease; and "(C) a program of outreach will be provided to low-income individuals with HIV-disease to inform such individuals of such services. "(b) ADDITIONAL APPLICATION. —An eligible area that desires to receive a grant under section 2603(b) shall prepare and submit to the Secretary an additional application at such time, in such form, and containing such information as the Secretary shall require, including the information required under such subsection and information concerning— "(1) the number of individuals to be served within the eligible area with assistance provided under the grant; "(2) demographic data on the population of such individuals;