120 STAT. 2786
PUBLIC LAW 109–415—DEC. 19, 2006 ‘‘(1) IN GENERAL.—With respect to a grant under section 2611 for a State for a grant year, the State shall, of the portion of the grant remaining after reserving amounts for purposes of subparagraphs (A) and (E)(ii)(I) of section 2618(b)(3), use not less than 75 percent to provide core medical services that are needed in the State for individuals with HIV/ AIDS who are identified and eligible under this title (including services regarding the co-occurring conditions of the individuals). ‘‘(2) WAIVER.— ‘‘(A) IN GENERAL.—The Secretary shall waive the application of paragraph (1) with respect to a State for a grant year if the Secretary determines that, within the State— ‘‘(i) there are no waiting lists for AIDS Drug Assistance Program services under section 2616; and ‘‘(ii) core medical services are available to all individuals with HIV/AIDS identified and eligible under this title. ‘‘(B) NOTIFICATION OF WAIVER STATUS.—When informing a State that a grant under section 2611 is being made to the State for a fiscal year, the Secretary shall inform the State whether a waiver under subparagraph (A) is in effect for the fiscal year. ‘‘(3) CORE MEDICAL SERVICES.—For purposes of this subsection, the term ‘core medical services’, with respect to an individual infected with HIV/AIDS (including the co-occurring conditions of the individual) means the following services: ‘‘(A) Outpatient and ambulatory health services. ‘‘(B) AIDS Drug Assistance Program treatments in accordance with section 2616. ‘‘(C) AIDS pharmaceutical assistance. ‘‘(D) Oral health care. ‘‘(E) Early intervention services described in subsection (d). ‘‘(F) Health insurance premium and cost sharing assistance for low-income individuals in accordance with section 2615. ‘‘(G) Home health care. ‘‘(H) Medical nutrition therapy. ‘‘(I) Hospice services. ‘‘(J) Home and community-based health services as defined under section 2614(c). ‘‘(K) Mental health services. ‘‘(L) Substance abuse outpatient care. ‘‘(M) Medical case management, including treatment adherence services. ‘‘(c) SUPPORT SERVICES.— ‘‘(1) IN GENERAL.—For purposes of this subsection, the term ‘support services’ means services, subject to the approval of the Secretary, that are needed for individuals with HIV/AIDS to achieve their medical outcomes (such as respite care for persons caring for individuals with HIV/AIDS, outreach services, medical transportation, linguistic services, and referrals for health care and support services).
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