42 U.S.C. § 300ff–24. Grants for home- and community-based care

  1. (a)
    (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. (1)
      (a)(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. (2)
      (a)(2)provide outreach services to individuals with HIV/AIDS, including those individuals in rural areas; and
    3. (3)
      (a)(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.
  2. (b)
    (b)

    Priority

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

    1. (1)
      (b)(1)such entities will participate in HIV care consortia if such consortia exist within the State; and
    2. (2)
      (b)(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.
  3. (c)
    (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. (1)
      (c)(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. (2)
      (c)(2)

      includes—

      1. (A)
        (c)(2)(A)durable medical equipment;
      2. (B)
        (c)(2)(B)home health aide services and personal care services furnished in the home of the individual;
      3. (C)
        (c)(2)(C)day treatment or other partial hospitalization services;
      4. (D)
        (c)(2)(D)home intravenous and aerosolized drug therapy (including prescription drugs administered as part of such therapy);
      5. (E)
        (c)(2)(E)routine diagnostic testing administered in the home of the individual; and
      6. (F)
        (c)(2)(F)appropriate mental health, developmental, and rehabilitation services; and
    3. (3)
      (c)(3)

      does not include—

      1. (A)
        (c)(3)(A)inpatient hospital services; and
      2. (B)
        (c)(3)(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.)