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42 U.S.C. § 300ff–26 — Grants for home- and community-based care
Federal law — U.S. Code and appendices · legal_authorities
**(a) Uses** A State may use amounts provided under a grant awarded under [section 300ff–21 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff-21&num=0&edition=prelim) to make grants under [section 300ff–22(b)(3)(J) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff–22/b/3/J&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff-21&num=0&edition=prelim), the term “home- and community-based health services”—
(1) means, with respect to an individual with HIV/AIDS, skilled health services furnish
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Stable record: federal_law:legal_authorities:record_usc_7d3307221e0717285180df26
Source file: Laws/federal/codes/united-states-code/title-42/section-300ff26-grants-for-home-and-community-based-care--65538e5209.md
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Source location: Title 42, Chapter 6A, § 300ff–26; chapter-6a-public-health-service.md
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**(a) Uses** A State may use amounts provided under a grant awarded under [section 300ff–21 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff-21&num=0&edition=prelim) to make grants under [section 300ff–22(b)(3)(J) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff–22/b/3/J&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff-21&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Right of United States to recover base amount plus interest** If any facility with respect to which funds have been paid under the Community Mental Health Centers Act [[42 U.S.C. 2689](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2689&num=0&edition=prelim) et seq.] (as such Act was in effect prior to October 1, 1981) is, at any time within twenty years after the completion of remodeling, construction, or expansion or after the date of its acquisition—
(1) sold or transferred to any entity (A) which would not have been qualified to file an application under section 222 of such Act [[42 U.S.C. 2689j](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2689j&num=0&edition=prelim)] (as such section was in effect prior to October 1, 1981) or (B) which is disapproved as a transferee by the State mental health agency or by another entity designated by the chief executive officer of the State, or
(2) ceases to be used by a community mental health center in the provision of comprehensive mental health services,
the United States shall be entitled to recover from the transferor, transferee, or owner of the facility, the base amount prescribed by subsection (c)(1) plus the interest (if any) prescribed by subsection (c)(2).
**(b) Notice of sale, transfer, or change** The transferor and transferee of a facility that is sold or transferred as described in subsection (a)(1), or the owner of a facility the use of which changes as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change within 10 days after the date on which such sale, transfer, or cessation of use occurs or within 30 days after October 22, 1985, whichever is later.
**(c) Base amount; interest**
(1) The
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 238m
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