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S 2240 - 101

Ryan White Comprehensive AIDS Resources Emergency Act of 1990

Became Public Law No: 101-381.

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Ryan White Comprehensive AIDS Resources Emergency Act of 1990 Became Public Law No: 101-381. Health

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Summary

48 Conference report filed in House May 29, 2002

Ryan White Comprehensive AIDS Resources Emergency Act of 1990 - Title I: HIV Emergency Relief Grant Program - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, to make grants in any metropolitan area that has reported and confirmed more than 2,000 acquired immune deficiency syndrome (AIDS) cases or a per capita incidence of at least 0.0025 (eligible area). Requires that the grants be directed to the chief elected official of the city or urban county that administers the public health agency serving the greatest number of individuals with AIDS in the eligible area. Requires that official to establish: (1) through intergovernmental agreements, an administrative mechanism to allocate funds and services; and (2) an HIV health services planning council. Allows the official to establish the council directly or by designating an existing entity to serve as the council. Provides, at specified times, that one-half of funds appropriated for the grants be used for regular grants and one-half be used for supplemental grants. Requires that grant funds be used for: (1) outpatient and ambulatory health and support services, including case management and comprehensive treatment services; and (2) inpatient case management services that prevent unnecessary hospitalization or that expedite discharge. Requires the chief official, in providing assistance, to give priority to entities currently participating in Health Resources and Services Administration HIV health care demonstration projects. Allows, if the council finds there is a personnel shortage, up to ten percent of the grant funds to be used for recruiting, training, and paying compensation of services of personnel, for entities that provide HIV-related care or services to a disproportionate share of low-income individuals and families with HIV disease, incur uncompensated costs, and meet other requirements. Requires that services covered by Medicaid be provided by providers with Medicaid provider status. Specifies information and assurances which must be included in a grant application. Limits (in some cases prohibits) the imposition of fees for services under the grants. Authorizes appropriations. Title II: HIV Care Grants - Directs the Secretary, subject to the availability of appropriations, to make grants to States to improve the quality, availability, and organization of health care and support services for individuals and families with HIV disease. Allows the grants to be used: (1) to establish and operate HIV care consortia within areas most affected by HIV disease to provide a comprehensive continuum of care; (2) to provide home- and community-based care services; (3) to provide assistance to assure the continuity of health insurance coverage; and (4) to provide treatments that have been determined to prolong life or prevent serious deterioration of health. Requires that at least 15 percent of the funds be used for health and support services to infants, children, women, and families with HIV disease. Details, for each of the four categories of grants, the uses of funds, the assurances and information required in the application, and certain priorities. Limits (in some cases prohibits) the imposition of fees for services under the grants. Requires non-Federal matching funds in specified ratios. Directs the Secretary to use up to ten percent of specified amounts to establish and administer a special projects of national significance program, awarding grants based on the need to assess the effectiveness of a particular care and treatment model, the innovative nature of the activity, and the potential replicability of the activity. Details permissive uses for the funds and sets forth a formula for determining the amount of a grant. Authorizes appropriations to make the grants provided for in this title. Title III: Early Intervention Services - Directs the Secretary, through the Director of the Centers for Disease Control, to make an allotment for each State each fiscal year to provide, with respect to HIV disease, the following outpatient early intervention services: (1) counseling individuals; (2) testing individuals, including tests to confirm the presence of the disease, to diagnose the extent of the deficiency in the immune system, to provide information on therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from the disease; (3) referrals; (4) other clinical and diagnostic services, and periodic medical evaluations; and (5) therapeutic measures. Allows a State to provide the services directly or through other entities. Lists optional services. Requires States to earmark certain percentages of the grants for certain services. Requires that services covered by Medicaid be provided by providers with Medicaid provider status. Requires matching non-Federal funds in a specified ratio. Requires that an entity receiving grant funds that regularly provides treatment for sexually transmitted diseases, regularly provides intravenous substance abuse treatment, is a family planning clinic, or provides treatment for tuberculosis offer and encourage the early intervention services to individuals it serves. Requires a State grant recipient to: (1) encourage individuals in the State receiving a transfusion of whole blood or a blood-clotting factor between January 1, 1978, and April 1, 1985, to receive early intervention services; and (2) inform such individuals of public health facilities in the geographic area that provide such services. Declares that these requirements do not mandate individual notifications. Requires that a State grant recipient mandate that any entity carrying out testing for HIV disease confidentially report to the State public health officer information sufficient to: (1) perform statistical and epidemiological analyses of the incidence of the disease; (2) perform statistical and epidemiological analyses of the demographic characteristics of individuals with the disease; and (3) assess the adequacy of early intervention services. Requires a State grant recipient to require that the State public health officer, to the extent appropriate in the determination of the officer, carry out a program of partner notification with respect to cases of HIV disease. Declares that these reporting and partner notification provisions do not require or prohibit a State from providing that identifying information concerning individuals with HIV disease is required to be submitted to the State. Prohibits a grant to a State unless its chief executive officer determines that the criminal laws of the State are adequate to prosecute any HIV infected individual who knowingly and intentionally exposes a nonconsenting individual to HIV through a donation of blood, semen, or breast milk, through sexual activity, or through sharing of a hypodermic needle. Makes the existence of a criminal law of general application, which can be applied to such conduct, sufficient for compliance. Sets forth a formula for determination of the amounts of allotments. Requires a State to submit to the Secretary a comprehensive plan for the organization and delivery of the early intervention services. Authorizes appropriations for the allotments to States. Authorizes the Secretary, through the Administrator of the Health Resources and Services Administration, to make grants with respect to HIV disease, for these early intervention services: (1) counseling individuals; (2) testing individuals, including tests to confirm the presence of the disease, to diagnose the extent of the deficiency in the immune system, to provide information on therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from the disease; (3) referrals; (4) other clinical and diagnositc services, and periodic medical evaluations; and (5) therapeutic measures. Allows a grantee to provide the services directly or through other entities. Lists optional services. Requires that grant recipients be migrant health centers, community health centers, grantees under provisions relating to health services for the homeless, grantees (other than States) under provisions relating to family planning, comprehensive hemophilia diagnostic and treatment centers, Federally-qualified health centers under specified provisions of the Social Security Act, or nonprofit private entities that provide comprehensive primary care services to populations at risk of HIV disease. Requires that services covered by Medicaid be provided by providers with Medicaid provider status. Sets forth certain preferences in making the grants. Requires grants regarding early intervention services for individuals with hemophilia to be made through the network of comprehensive hemophilia diagnostic and treatment centers. Authorizes appropriations. Requires information regarding the receipt of early intervention services to be kept confidential in a manner not inconsistent with applicable law. Requires written informed consent prior to testing. Allows: (1) use of a pseudonym in signing a consent form; and (2) consent to be given orally when an individual is to undergo testing without providing any identifying information. Requires counseling before testing and, for both individuals with negative and individuals with positive results, after testing. Allows counseling without testing. Requires that testing by grant recipients be carried out in accordance with the requirements of this Act regarding confidentiality, informed consent, and counseling regardless of whether the testing is carried out with Federal funds. Requires that, to the extent permitted under State law, grant recipients offer substantial opportunities for an individual to undergo counseling and testing without giving any identifying information or using a pseudonym. Prohibits requiring an individual to undergo testing as a condition to receiving other health services unless the testing is medically indicated in the provision of the health services sought by an individual. Limits (in some cases prohibits) the imposition of fees for services provided for in this title. Prohibits the counseling programs from being designed to promote or encourage, directly, intravenous drug abuse or sexual activity, homosexual or heterosexual. Requires them to: (1) be designed to reduce exposure to and transmission of HIV disease by providing accurate information; and (2) provide information on the health risks of promiscuous sexual activity and intravenous drug abuse. Amends the Prison Testing Act of 1988 to: (1) transfer all provisions relating to testing of State prisoners to the Public Health Service Act; and (2) authorize appropriations to carry out such provisions. Replaces all except the authorization of appropriations with provisions authorizing the Secretary to make grants to States for early intervention services to individuals sentenced by the State to imprisonment. Requires that such individuals be informed of: (1) the prisoner testing requirements under this Act; and (2) the results of the testing. Requires non-Federal matching funds. Mandates that States require testing of prisoners upon entering the State penal system and during the 30-day period before release. Sets forth requirements regarding disclosure of test results to prison employees, spouses of prisoners, and victims of rape and aggravated sexual assault. Requires confidentiality of test results except for such persons and except for disclosures as medically necessary. Allows the prison grants only to those prisons for which the State public health officer has determined that the provision of such services is appropriate with respect to the public health and safety. Applies provisions of this Act relating to informed consent, counseling, and other matters to the prison grants. Title IV: General Provisions, Reports and Evaluations - Subtitle A: General Provisions - Directs the Secretary, through the Administrator of the Health Resources and Services Administration and the Director of the National Institutes of Health, to make demonstration grants for: (1) clinical research on therapies for pediatric patients and pregnant women with HIV disease; and (2) outpatient health care for such patients and their families. Requires that applicants: (1) have entered into a cooperative agreement or contract with a biomedical research entity for assistance in designing and conducting the research protocol; and (2) agree to provide the data developed in the research to the Director. Authorizes the Secretary, through the Director, to assist grantees in designing and conducting the protocols. Requires the Secretary, through the Director, to analyze the data submitted. Requires grantees to provide, for the pediatric patient and the family of the patient: (1) case management; (2) referrals; and (3) such transportation, child care, and other incidental services as necessary to enable participation in the program. Authorizes appropriations. Directs the Secretary to: (1) develop and make available to personnel at blood banks and facilities that produce blood products materials and information on measures to protect the safety of the blood supply; and (2) develop and implement a training program to increase the number of Department of Health and Human Services employees qualified to inspect such blood banks and facilities. Authorizes appropriations. Directs the Secretary, through the Agency for Health Care Policy and Research, to establish a program to enable independent research to be conducted regarding: (1) the impact and cost-effectiveness of major models for organizing and delivering HIV-related services; (2) private sector financing for HIV-related health and support services; (3) how different points-of-entry affect cost, quality, and outcome; and (4) major and continuing unmet needs. Authorizes appropriations. Subtitle B: Emergency Response Employees - Directs the Secretary to make grants to States and their political subdivisions to assist in the implementation of Federal law mandating the dissemination of guidelines to emergency response employees (EREs) regarding reducing the risk in the workplace of becoming infected with the etiologic agent for AIDS and circumstances under which exposure may occur. Authorizes appropriations. Directs the Secretary to develop and disseminate: (1) a list of life-threatening infectious diseases to which EREs may be exposed, including those that are routinely transmitted through airborne or aerosolized means; (2) guidelines describing the circumstances in which EREs may be exposed; and (3) guidelines describing the manner in which medical facilities should make determinations under these provisions. Provides for: (1) routine notification of a designated officer by a medical facility that determines that a victim of an emergency who was transported by EREs has an airborne infectious disease; (2) initiation by an ERE of an examination of circumstances to determine whether the ERE may have been exposed to an infectious disease; and (3) procedures for notification of a designated officer and notification of an ERE of exposure. Requires the public health officer of each State to designate one official or officer of each employer of EREs in the State to receive notification and make requests. Authorizes the Secretary to commence a civil suit to obtain temporary or permanent injunctive relief for any violation of these provisions. Directs the Secretary to establish an administrative process for encouraging EREs to provide information to the Secretary regarding violations of these provisions. Makes certain of these provisions relating to EREs inapplicable in a State if the chief executive officer certifies that the law of the State is in substantial compliance. Subtitle C: Miscellaneous Provisions - Requires that any State that received a waiver for FY 1989 under specified provisions of the Public Health Service Act relating to alcohol, drug abuse, and mental health services block grants be granted a waiver for FY 1990 and 1991. Prohibits funds made available in this Act, or an amendment made by this Act, from being used to provide individuals with hypodermic needles or syringes so that the individuals may use illegal drugs.

36 Passed House amended May 29, 2002

AIDS Prevention Act of 1990 - Title I: Preventive Health Services with Respect to Acquired Immune Deficiency Syndrome - Amends the Public Health Service Act to create a new title on preventive health services with respect to acquired immune deficiency syndrome (AIDS). Directs the Secretary of Health and Human Services, through the Director of the Centers for Disease Control and the Administrator of the Health Resources and Services Administration, to make allotments to States, and authorizes the Secretary, through the Director and the Administrator, to make grants to public and nonprofit private entities who have Medicaid provider status and who meet other requirements, for outpatient services relating to: (1) counseling; (2) testing, including testing for infection, testing regarding the extent of deficiency in the immune system, testing relating to preventing and treating deterioration of the immune system, and testing relating to preventing and treating conditions arising from the infection; and (3) providing therapeutic measures. Sets forth optional services. Requires matching non-Federal funds for grants from the allotments to States. Requires information regarding the receipt of services to be kept confidential in a manner not inconsistent with applicable law. Requires counseling and written informed consent prior to testing. Allows: (1) use of a pseudonym in signing a consent form; and (2) consent to be given orally when an individual is to undergo testing without providing any identifying information. Requires counseling before testing and, for both individuals with negative and individuals with positive results, after testing. Requires that opportunities be made available for individuals (including women, children, hemophiliacs, and emergency response employees) to undergo counseling under conditions appropriate to their needs. Allows counseling without testing. Requires that testing by grant recipients for infection be carried out in accordance with the requirements of this Act regarding confidentiality, informed consent, and counseling regardless of whether the testing is carried out with Federal funds. Requires grant recipients who regularly provide treatment for sexually transmitted diseases, who regularly provide treatment for intravenous substance abuse, who are family planning clinics, who provide treatment for tuberculosis, or who regularly provide health care for pregnant women offer and encourage preventive health services to individuals to whom the recipient provides services. Requires a grantee who regularly provides health care for pregnant women to refer any pregnant woman determined to be infected to an entity which is a recipient of a demonstration grant under this Act for research and services for pediatric patients regarding AIDS, if such a grant recipient exists in the geographic area involved. Applies the requirement to offer and encourage and provide preventive health services only if the grant is sufficient to cover the costs of doing so. Authorizes the Secretary to make grants to public and nonprofit hospitals for offering, encouraging, and providing preventive health services to inpatients of the hospital. Requires that a hospital, to be eligible: (1) must have admitted, in the most recent fiscal year, at least 250 individuals with AIDS; or (2) such individuals must have constituted at least 20 percent of the number of inpatients admitted. Conditions the requirement of offering, encouraging, and providing preventive services on the grant being sufficient to pay associated costs. Prohibits expending grant funds to provide preventive services if the hospital learns of the infection with the etiologic agent for AIDS through any means other than such offering, encouraging, and providing of services. Requires recipient hospitals to make appropriate referrals for individuals upon discharge. Applies provisions of this Act relating to informed consent, counseling, and other matters to recipient hospitals. Authorizes appropriations for the grants to hospitals. Requires a State grant recipient to: (1) encourage individuals in the State receiving a transfusion of whole blood or any blood-clotting factor between January 1, 1978, and April 1, 1985, to receive preventive health services; and (2) inform such individuals of public health facilities in the geographic area that provide such services. Declares that individual notifications are not required. Requires a State grant recipient to require that any entity carrying out such testing confidentially report to the State public health officer information sufficient to: (1) perform statistical and epidemiological analyses of the incidence of infection; (2) perform statistical and epidemiological analyses of the demographic characteristics of infected individuals; and (3) assess the adequacy of preventive health services. Requires a State grant recipient to require that the State public health officer, to the extent appropriate in the determination of the officer, carry out a program of partner notification with respect to infection. Declares that these reporting and partner notification provisions do not require or prohibit a State from providing that identifying information concerning individuals who have been tested which is required to be submitted to the State. Mandates that States prohibit acts which knowingly expose nonconsenting individuals to the etiologic agent through a donation of blood, semen, or breast milk, through sexual activity, through sharing of hypodermic needles, or through any behavior with the intent to expose another nonconsenting person. Requires that States authorize a civil cause of action and a criminal penalty for violation of these prohibitions. Authorizes the Secretary to make grants to States for preventive health services to individuals sentenced by the State to imprisonment. Requires that such individuals be informed of: (1) the prisoner testing requirements under this Act; and (2) the results of the testing. Requires matching non-Federal contributions in specified ratios. Mandates that States: (1) require testing of prisoners upon entering the State penal system and during the 30-day period before release; (2) inform any penal system employee, on request of the employee, if the employee has a reasonable basis for believing that the employee may have been exposed by an individual to the etiologic agent, of that individual's test results; and (3) inform the spouse of the individual prior to each conjugal visit and prior to release. Requires all prison employees and such spouses to be informed of the availability of the test results. Requires confidentiality of test results, except for the disclosure authorized in these provisions and disclosures as medically necessary. Applies the prison testing requirements only to prisons meeting requirements relating to the prevalence of infection with the etiologic agent or, in the absence of infection data, the prevalence of cases of AIDS in the geographic area in which inmates of the prison involved resided before incarceration. Applies provisions of this Act relating to informed consent, counseling, and other matters to the prison grants. Authorizes appropriations for the prison testing grants. Requires that, to the extent permitted under State law, grant recipients offer substantial opportunities for an individual to undergo counseling and testing without giving any identifying information or using a pseudonym. Prohibits requiring an individual to undergo testing as a condition to receive other health services unless the testing is medically indicated in the provision of the health services sought by an individual. Requires the imposition of fees for preventive health services under specified provisions of this title to individuals above the poverty line, with the amounts of the fees limited by the income of the individual. Authorizes appropriations. Requires that counseling programs carried out under this Act: (1) not be designed to promote or encourage, directly, intravenous drug abuse or sexual activity, homosexual or heterosexual; (2) be designed to reduce exposure to and transmission of the etiologic agent for AIDS by providing accurate information; and (3) provide information on the health risks of promiscuous sexual activity and intravenous drug abuse. Title II: Emergency Relief for Areas with Substantial Need for Services - Directs the Secretary, through the Administrator of the Health Resources and Services Administration, to make grants in any metropolitan statistical area (eligible area), as specified by the Secretary, that has reported and confirmed more than 2,000 AIDS cases, or a per capita incidence of at least 0.0025, and that meets other requirements. Requires that the grants be made only to the chief elected official of the city, urban county, or other political subdivision that administers the public health agency serving the greatest proportion of individuals with AIDS in the eligible area. Requires that the grants be used for community-based services to: (1) enhance the quality of services to low-income individuals and families with HIV disease; (2) deliver outpatient and ambulatory care services, including case management, to such individuals and families, including comprehensive treatment and support services; (3) prevent unnecessary inpatient hospitalization; and (4) expedite the provision of services in the most medically appropriate level. Requires that political subdivision grant recipients agree to provide services only through clinics, sub-acute care facilities, community health centers, community mental health centers, hospices, ambulatory care facilities, or other public or nonprofit private entities that: (1) provide health care to a disproportionate share of low-income individuals and families with HIV disease; (2) incur uncompensated costs in providing such care; and (3) with regard to services covered by Medicaid, have Medicaid provider status. Requires the imposition of fees for services under the grants under specified provisions of this title to individuals above the poverty line, with the amounts of the fees limited by the income of the individual. Requires the administering local political subdivision (ALPS) to establish: (1) a mechanism to allocate funds and services based on the proportion of AIDS cases and the severity of need of the subdivisions; and (2) an HIV health services planning council. Requires such chief elected official to provide for the council, either by establishing it directly or by designating an existing entity to serve as the council. Provides, at specified times, that one-half of funds appropriated for the grants be used for regular grants and one-half be used for supplemental grants. Requires, in order to receive a grant, that an eligible area submit an application containing, among other elements, an assurance that agencies and institutions in that area that will receive grant funds will be participants in an established HIV community-based continuum of care. Authorizes appropriations. Title III: Emergency Response Employees - Directs the Secretary to make grants to States and their political subdivisions to assist in the implementation of Federal law mandating the dissemination of guidelines of emergency response employees (EREs) regarding reducing the risk in the workplace of becoming infected with the etiologic agent for AIDS and circumstances under which exposure may occur. Authorizes appropriations. Requires a medical facility to notify the designated officer of the transporting EREs if the facility determines that a victim the EREs transported to the facility has an infectious disease. Requires a medical facility, upon request of a designated officer of EREs, to notify the designated officer if the facility makes a determination that a victim transported by EREs has an infectious disease. Applies notification requirements to both the facility receiving the victim and, if the victim dies, to the facility ascertaining the cause of death. Sets forth notification procedures. Requires that the public health officer of each State designate one official of each employer of EREs to make requests and receive notifications. Provides for notification of EREs and for requests from an ERE to a designated officer that the designated officer request notification from the medical facility. Declares that the provisions in this Act regarding notification of EREs will not be construed to authorize or require: (1) a medical facility to test a victim of an emergency for any infectious disease; (2) any medical facility, any designated officer, or any ERE to make disclosures with respect to the identity of a victim or an ERE; or (3) failure to respond, or denial of services. Provides for enforcement through injunctions. Title IV: Certain Health Care Services - Authorizes the Secretary, through the Administrator of the Health Resources and Services Administration, to make grants for demonstration projects to provide comprehensive treatment services for adults and children infected with the etiologic agent for AIDS. Authorizes appropriations. Authorizes the Secretary, through the Administrator, to make grants to States to assist in purchasing and distributing certain AIDS-related drugs. Requires matching non-Federal funds. Authorizes appropriations. Directs the Secretary, through the Administrator and the Director of the National Institutes of Health, to make demonstration grants to community health centers and other entities that provide primary health care to the public for: (1) conducting clinical research on therapies for pediatric patients infected with the etiologic agent; and (2) providing outpatient health care for pediatric patients who participate in such research and their families. Requires grant recipients to provide case management, referrals, and incidental services such as transportation and child care necessary to enable the patient and family to participate. Authorizes appropriations. Title V: Certain Definitions - Sets forth definitions for purposes of the new title of the Public Health Service Act, on preventive health services with respect to AIDS, as added by this Act. Title VI: General Provisions - Manadates a study relating to the incidence of AIDS and infection with the etiologic agent for AIDS in rural areas, and the adequacy of related diagnostic and treatment services in such areas.

35 Passed Senate amended May 29, 2002

Ryan White Comprehensive AIDS Resources Emergency Act of 1990 - Title I: HIV Emergency Relief Grant Program - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award emergency relief grants to any metropolitan area (eligible area) that has reported more than 2,000 AIDS cases and that meets other requirements. Requires that the grants be directed to the chief elected official of the city or urban county that administers the public health agency serving the greatest number of individuals with AIDS in the eligible area. Requires the administering local political subdivision (ALPS) to establish a mechanism to allocate funds based on the number of AIDS cases and the severity of need of the local political subdivisions. Provides for the establishment of an HIV health services planning council, by each ALPS and its chief elected official, to establish fund allocation priorities and assess fund allocation efficiency. Provides, at specified times, that one-half of funds appropriated for the grants be used for regular grants and one-half be used for supplemental grants. Allows the grants to be used by the grantee to provide assistance to any public or nonprofit hospital, clinic, nursing home, sub-acute care facility, or health center that is providing services to a disproportionate share of low-income individuals and families with HIV disease and is expending resources that exceed reimbursement. Allows a recipient institution to use the amounts to: (1) enhance the quality of services to low income individuals and families with HIV disease; and (2) deliver outpatient and ambulatory care services, including case management, to such individuals and families, including comprehensive treatment and support services. Allows grant amounts to be used to provide direct financial assistance to any public or nonprofit agency, clinic, community based organization, or community health center that has the capacity to provide case managed outpatient health and support services to individuals and families with HIV disease that are critical to prevent unnecessary inpatient hospitalization and to expedite the discharge of the individual to the most medically appropriate level of service. Allows grant amounts to be used to renovate or rehabilitate congregate care housing units, long-term care facilities, transitional care facilities, and sub-acute care facilities, provided certain conditions, including a requirement of matching local or State funds, are met. Authorizes appropriations. Title II: HIV Care Grants - Directs the Secretary to make grants to States to improve the quality, availability, and organization of care, treatment, and support services for individuals and families with HIV disease in urban and rural areas. Allows grant funds to be used, with regard to HIV disease, to: (1) establish and operate care consortia; (2) provide home- and community-based care; (3) assist mechanisms that assure the continuity of health insurance; (4) provide therapeutic treatments to low income individuals; and (5) integrate early diagnosis and early intervention services with primary health care and support services provided in existing health care settings. Requires a State to use at least 15 percent of the funds allocated to provide health and support services to infants, children, women, and families with HIV disease. Requires that, to the extent practicable, services under these provisions be provided without regard to the ability of the individual to pay, and that: (1) any charges be pursuant to a public schedule; (2) no charges be imposed on an individual with an income of 200 percent of the poverty line or less; and (3) charges imposed on individuals above such income level be adjusted to reflect their income. Requires the Secretary to use up to ten percent of the funds appropriated under this title to: (1) provide technical assistance to States; and (2) establish and administer a Special Projects of National Significance Program to make direct grants to States, localities, or community-based organizations to fund special programs for the care and treatment of individuals with HIV disease. Sets forth: (1) award criteria; and (2) permitted goals of recipient programs. Authorizes appropriations. Title III: Treatment and Notification of Individuals with HIV Disease and Their Families - Mandates that, in order to receive a grant under title II of this Act, a State: (1) require that any entity carrying out testing confidentially report to the State public health officer information sufficient to perform statistical and epidemiological analyses of the incidence of infection and of the demographic characteristics of the infected population; (2) require that the State public health officer establish a system of reporting cases of infection that is necessary, to the extent appropriate in the determination of the officer, for the State to carry out the notification of unsuspecting persons at risk for exposure to the etiologic agent; (3) provide to the Director of the Centers for Disease control all such information received for statistical and epidemiological analysis; and (4) require that the appropriate State or local public health officer carry out, to the extent appropriate in the determination of such officer, a program of partner notification with respect to cases of exposure to the etiologic agent, advising such individuals of the benefits of testing and early diagnosis and of the availability of treatment and support services. Title IV: HIV Disease Health Services Research, Evaluation, and Assessment - Directs the Secretary, through the Agency for Health Care Policy and Research, to establish a program to enable independent research to be conducted by individuals and organizations to develop: (1) a comparative assessment of the impact and cost-effectiveness of major models for organizing treatment, mental health, early intervention, and support services; (2) a review of major health services financing mechanisms; (3) an assessment of how point-of-entry procedures for obtaining treatment and services impact cost, quality, and outcome, and the extent to which quality, cost, and outcome can be related to the source of payment; (4) a comprehensive report of financial, regulatory, organizational, and social barriers that serve to limit the delivery of services; (5) a summary concerning major and continuing unmet needs in health care, mental health, early intervention, and support service delivery; and (6) a review and assessment of models for the delivery of services to infants, children, women, and families. Title V: Miscellaneous Provisions - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to waive certain requirements regarding set-aside of block grant funds for drug abuse prevention and treatment. Prohibits the use of funds under this Act to provide individuals with hypodermic needles or syringes so that the individuals may use illegal drugs. Prohibits grants to a State under this Act unless the State has laws that are adequate to prosecute any individual who donates blood, blood products, semen, tissue, organs, or other bodily fluids if the individual knows the individual is infected with HIV and has been informed of the risk of transmission. Authorizes an additional 150 full time equivalent positions to the Food and Drug Administration for the inspection of blood banks and producers of blood products. Authorizes appropriations. Amends the Prison Testing Act of 1988 to allow victims of aggravated sexual abuse (currently, victims of rape) to be informed that the person convicted of the abuse has tested positive for exposure to HIV. Extends the authorization of appropriations for the Act.

01 Reported to Senate with amendment(s) May 29, 2002

Comprehensive AIDS Resources Emergency Act of 1990 - Title I: HIV Emergency Relief Grant Program - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award emergency relief grants to any metropolitan area (eligible area) that has reported more than 2,000 AIDS cases and that meets other requirements. Requires that the grants be directed to the chief elected official of the city or urban county that administers the public health agency serving the greatest number of individuals with AIDS in the eligible area. Requires the administering local political subdivision (ALPS) to establish a mechanism to allocate funds based on the number of AIDS cases and the severity of need of the local political subdivisions. Provides for the establishment of an HIV health services planning council, by each ALPS and its chief elected official, to establish fund allocation priorities and assess fund allocation efficiency. Provides, at specified times, that one-half of funds appropriated for the grants be used for regular grants and one-half be used for supplemental grants. Allows the grants to be used by the grantee to provide assistance to any public or nonprofit hospital, clinic, nursing home, sub-acute care facility, or health center that is providing services to a disproportionate share of low-income individuals and families with HIV disease and is expending resources that exceed reimbursement. Allows a recipient institution to use the amounts to: (1) enhance the quality of services to low income individuals and families with HIV disease; and (2) deliver outpatient and ambulatory care services, including case management, to such individuals and families, including comprehensive treatment and support services. Allows grant amounts to be used to provide direct financial assistance to any public or nonprofit agency, clinic, community based organization, or community health center that has the capacity to provide case managed outpatient health and support services to individuals and families with HIV disease that are critical to prevent unnecessary inpatient hospitalization and to expedite the discharge of the individual to the most medically appropriate level of service. Allows grant amounts to be used to renovate or rehabilitate congregate care housing units, long-term care facilities, transitional care facilities, and sub-acute care facilities, provided certain conditions, including a requirement of matching local or State funds, are met. Authorizes appropriations. Title II: HIV Care Grants - Directs the Secretary to make grants to States to improve the quality, availability, and organization of care, treatment, and support services for individuals and families with HIV disease in urban and rural areas. Allows grant funds to be used, with regard to HIV disease, to: (1) establish and operate care consortia; (2) provide home- and community-based care; (3) assist mechanisms that assure the continuity of health insurance; (4) provide therapeutic treatments to low income individuals; and (5) integrate early diagnosis and early intervention services with primary health care and support services provided in existing health care settings. Requires a State to use at least 15 percent of the funds allocated to provide health and support services to infants, children, women, and families with HIV disease. Requires that, to the extent practicable, services under these provisions be provided without regard to the ability of the individual to pay, and that: (1) any charges be pursuant to a public schedule; (2) no charges be imposed on an individual with an income of 200 percent of the poverty line or less; and (3) charges imposed on individuals above such income level be adjusted to reflect their income. Requires the Secretary to use ten percent of the funds appropriated under this title to: (1) provide technical assistance to States; and (2) establish and administer a Special Projects of National Significance Program to make direct grants to States, localities, or community-based organizations to fund special programs for the care and treatment of individuals with HIV disease. Sets forth: (1) award criteria; and (2) permitted goals of recipient programs. Authorizes appropriations. Title III: HIV Disease Health Services Research, Evaluation, and Assessment - Directs the Secretary, through the Agency for Health Care Policy and Research, to establish a program to enable independent research to be conducted by individuals and organizations to develop: (1) a comparative assessment of the impact and cost-effectiveness of major models for organizing treatment, mental health, early intervention, and support services; (2) a review of major health services financing mechanisms; (3) an assessment of how point-of-entry procedures for obtaining treatment and services impact cost, quality, and outcome, and the extent to which quality, cost, and outcome can be related to the source of payment; (4) a comprehensive report of financial, regulatory, organizational, and social barriers that serve to limit the delivery of services; (5) a summary concerning major and continuing unmet needs in health care, mental health, early intervention, and support service delivery; and (6) a review and assessment of models for the delivery of services to infants, children, women, and families.

00 Introduced in Senate May 29, 2002

Comprehensive AIDS Resources Emergency Act of 1990 - Title I: HIV Emergency Relief Grant Program - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award emergency relief grants to any metropolitan statistical area (eligible area) as specified by the Secretary that has reported more than 2000 AIDS cases and that meets other requirements. Requires that the grants be directed to the chief elected official of the city or county that administers the public health agency serving the greatest proportion of individuals with AIDS in the eligible area. Requires the administering local political subdivision (ALPS) to establish a mechanism to allocate funds based on the proportion of AIDS cases and the severity of need of the local political subdivisions. Provides for the establishment of an HIV health services planning council, by each ALPS and its chief elected official, to establish fund allocation priorities and assess fund allocation efficiency. Provides, at specified times, that one-half of funds appropriated for the grants be used for regular grants and one-half be used for supplemental grants. Allows the grants to be used by the grantee to provide assistance to any public or nonprofit hospital, clinic, nursing home, sub-acute care facility, or health center that is providing services to a disproportionate share of low-income individuals and families with HIV disease and is expending resources that exceed reimbursement. Allows a recipient institution to use the amounts to: (1) enhance the quality of services to low income individuals and families with HIV disease; and (2) deliver outpatient and ambulatory care services, including case management, to such individuals and families, including comprehensive treatment and support services. Allows grant amounts to be used to provide direct financial assistance to any public or nonprofit agency, clinic, community based organization, or community health center that has the capacity to provide case managed outpatient health and support services to individuals and families with HIV disease that are critical to prevent unnecessary inpatient hospitalization and to expedite the discharge of the individual to the most medically appropriate level of service. Allows grant amounts to be used to renovate or rehabilitate congregate care housing units, long-term care facilities, and sub-acute care facilities, provided certain conditions, including a requirement of matching local or State funds, are met. Authorizes appropriations. Title II: HIV Care Grants - Directs the Secretary to make grants to States to improve the quality, availability, and organization of care, treatment, and support services for individuals and families with HIV disease. Allows grant funds to be used, with regard to HIV disease, to: (1) establish and operate care consortia; (2) provide home- and community-based care; (3) assist mechanisms that assure the continuity of health insurance; (4) provide therapeutic treatments to low income individuals; and (5) integrate early intervention services with care and support services provided in existing public health and medical care settings. Requires a State, subject to waiver in certain circumstances, to use at least 15 percent of the funds allocated to provide health and support services to infants, children, women, and families with HIV disease. Requires that, to the extent practicable, services under these provisions be provided without regard to the ability of the individual to pay, and that: (1) any charges be pursuant to a public schedule; (2) no charges be imposed on an individual with an income of 200 percent of the poverty line or less; and (3) charges imposed on individuals above such income level be adjusted to reflect their income. Requires the Secretary to use ten percent of the funds appropriated under this title to: (1) provide technical assistance to States; and (2) establish and administer a Special Projects of National Significance Program to make direct grants to States, localities, or community-based organizations to fund special programs for the care and treatment of individuals with HIV disease. Sets forth: (1) award criteria; and (2) permitted goals of recipient programs. Authorizes appropriations. Title III: HIV Disease Health Services Research, Evaluation, and Assessment - Directs the Secretary, through the Agency for Health Care Policy and Research, to establish a program to enable independent research to be conducted by individuals and organizations to develop: (1) a comparative assessment of the impact and cost-effectiveness of major models for organizing treatment and support services; (2) a review of major health services financing mechanisms; (3) an assessment of how point-of-entry procedures for obtaining treatment and services impact cost, quality, and outcome, and the extent to which quality, cost, and outcome can be related to the source of payment; (4) a comprehensive report of financial, regulatory, organizational, and social barriers that serve to limit the delivery of services; (5) a summary concerning major and continuing unmet needs in health care, treatment, early intervention, and support service delivery; and (6) a review and assessment of models for the delivery of services to infants, children, women, and families.

Sponsors

Timeline

Aug 18, 1990

Signed by President.

Aug 18, 1990

Signed by President.

Aug 18, 1990

Became Public Law No: 101-381.

Aug 18, 1990

Became Public Law No: 101-381.

Aug 14, 1990

Measure Signed in Senate.

Aug 14, 1990

Presented to President.

Aug 14, 1990

Presented to President.

Aug 4, 1990

Conference papers: Senate report and managers' statement message on House action held at the desk in Senate.

Aug 4, 1990

Mr. Waxman brought up conference report H.Rept. 101-652 for consideration as a privileged matter.

Aug 4, 1990

DEBATE - The House proceeded with one hour of debate on the conference report.

Aug 4, 1990

The previous question was ordered without objection.

Aug 4, 1990

Conference report agreed to in House: On agreeing to the conference report Agreed to by voice vote.

Aug 4, 1990

On agreeing to the conference report Agreed to by voice vote.

Aug 4, 1990

Resolving differences -- House actions: On motion to recede from its amendment to the title Agreed to without objection.

Aug 4, 1990

On motion to recede from its amendment to the title Agreed to without objection.

Aug 4, 1990

Motions to reconsider laid on the table Agreed to without objection.

Aug 4, 1990

Conference papers: message on House action held at the desk in Senate.

Aug 4, 1990

Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.

Aug 4, 1990

Senate agreed to conference report by Voice Vote.

Jul 31, 1990

Conference committee actions: Conferees agreed to file conference report.

Jul 31, 1990

Conferees agreed to file conference report.

Jul 31, 1990

Mr. Waxman asked unanimous consent that managers on the part of the House have until midnight on July 31 to file a conference report on S. 2240. Agreed to without objection.

Jul 31, 1990

Conference report filed: Conference report H. Rept. 101-652 filed. Filed late, pursuant to previous special order.

Jul 31, 1990

Conference report H. Rept. 101-652 filed. Filed late, pursuant to previous special order.

Jun 21, 1990

Message on Senate action sent to the House.

Jun 20, 1990

Senate appointed conferee Durenberger in lieu of Coats by unanimous consent.

Jun 19, 1990

Message on Senate action sent to the House.

Jun 18, 1990

Resolving differences -- Senate actions: Senate disagreed to the House amendments by Voice Vote.

Jun 18, 1990

Senate disagreed to the House amendments by Voice Vote.

Jun 18, 1990

Senate agreed to request for conference. Appointed conferees. Kennedy; Pell; Metzenbaum; Dodd; Hatch; Coats; Jeffords.

Jun 14, 1990

The chair appointed conferees: Dingell, Waxman, Rowland (GA), Lent, and Madigan.

Jun 14, 1990

By unanimous consent, the Speaker reserved the authority to make additional appointments of conferees.

Jun 14, 1990

Message on House action received in Senate and held at desk: House amendments to Senate bill and House requests a conference.

Jun 13, 1990

Considered under the provisions of rule H. Res. 408.

Jun 13, 1990

The previous question was ordered pursuant to the rule.

Jun 13, 1990

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 4785. Agreed to without objection.

Jun 13, 1990

Passed/agreed to in House: On passage Passed by voice vote.

Jun 13, 1990

On passage Passed by voice vote.

Jun 13, 1990

The title of the measure was amended. Agreed to without objection.

Jun 13, 1990

Motion to reconsider laid on the table Agreed to without objection.

Jun 13, 1990

A similar measure H.R. 4785 was laid on the table without objection.

Jun 13, 1990

Mr. Waxman moved that the House insist upon its amendments, and request a conference.

Jun 13, 1990

On motion that the House insist upon its amendments, and request a conference Agreed to without objection.

Jun 13, 1990

The Speaker reserved the right to appoint conferees at a later time.

May 21, 1990

Received in the House.

May 21, 1990

Held at the desk.

May 21, 1990

Message on Senate action sent to the House.

May 16, 1990

Considered by Senate.

May 16, 1990

The committee substitute as amended agreed to by Voice Vote.

May 16, 1990

Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 95-4. Record Vote No: 97.

May 16, 1990

Passed Senate with an amendment by Yea-Nay Vote. 95-4. Record Vote No: 97.

May 15, 1990

Motion to proceed considered in Senate.

May 15, 1990

Cloture on the motion to proceed invoked in Senate by Yea-Nay Vote. 95-3. Record Vote No: 91.

May 15, 1990

Measure laid before Senate by motion.

May 14, 1990

Motion to proceed considered in Senate.

May 11, 1990

Cloture motion on the motion to proceed presented in Senate.

May 11, 1990

Motion to proceed to consideration of measure made in Senate.

Apr 24, 1990

Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 101-273.

Apr 24, 1990

Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 101-273.

Apr 24, 1990

Placed on Senate Legislative Calendar under General Orders. Calendar No. 523.

Apr 4, 1990

Committee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

Mar 6, 1990

Introduced in Senate

Mar 6, 1990

Read twice and referred to the Committee on Labor and Human Resources.

House Votes

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Amendments

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