Short title

This Act may be cited as the

HIV Emergency Local Partnership Act of 2007

Findings; purpose

(a)

Findings

The Congress finds as follows: (1)Since AIDS cases were first reported more than 25 years ago, approximately 1.7 million people in the United States have been diagnosed with HIV and 500,000 of them have died. (2)Racial minorities have been disproportionately affected by this epidemic. Of the 1,200,000 United States HIV cases reported, there are 500,000 African-Americans and 200,000 Latinos living with the disease. (3)It is estimated that 50 percent of all AIDS patients are African Americans and 19 percent are Latinos. The African-American community is 12 percent of the general United States population, and Latinos are 14 percent of the population. (4)Ten States and the Commonwealth of Puerto Rico account for 71 percent of the Nation’s AIDS cases. (5)Within the top 10 States and territories with the highest concentration of people living with HIV/AIDS, large Latino and African-American populations reside in 7 of them: New York, California, Florida, Texas, New Jersey, Illinois, and Pennsylvania. African Americans comprise large percentages of people living with this disease in Georgia, Maryland, and the District of Columbia. Latinos comprise large percentages of people living with HIV/AIDS in Connecticut, Massachusetts, and Puerto Rico. (6)Programs funded through title XXVI of the Public Health Service Act (42 U.S.C. 300ff–11 et seq.; as amended by the Ryan White HIV/AIDS Treatment Modernization Act of 2006) are essential to people who are HIV/AIDS positive, particularly those who are low income or from an ethnic or minority community. Although recent changes to these programs address the problem of reaching minority populations in this country, more needs to be done as the epidemic continues to impact those communities more severely. (7)People who live with HIV/AIDS not only need assistance to take care of their immediate physical condition, but also require information and education about how to address other consequences associated with the disease. A holistic approach is necessary to address not just the immediate physical health of an individual in the community, but also to educate on preventing the spread of the disease in high-risk neighborhoods. (8)Capable non-profit entities are essential to providing a comprehensive approach and reaching more individuals in their local communities. (9)There is an urgent need for providing funding to entities that not only serve minority populations, but also provide services through partnerships at the local level in high-risk communities. (b)

Purpose

The purpose of this Act is to establish and authorize funding for a pilot grant program within the Minority AIDS Initiative that will encourage qualified community health entities to cooperate with each other to provide comprehensive HIV/AIDS services for racial and ethnic minorities in the local community where the entities are located.

Prioritizing hiv/aids services by local entities to minorities

(a)

Establishment of program

Section 2693 of the Public Health Service Act (42 U.S.C. 300ff–101) is amended— (1)in subsection (a)— (A)by striking $135,100,000 for fiscal year 2008 and inserting $185,100,000 for fiscal year 2008; and (B)by striking $139,100,000 for fiscal year 2009 and inserting $189,100,000 for fiscal year 2009; and (2)by adding at the end the following:

(d)

Prioritizing HIV/AIDS services by local entities to minorities

(1)

Reservation

For carrying out this subsection, the Secretary shall, of the amount appropriated under subsection (a) for each of fiscal years 2008 and 2009, reserve not less than $25,000,0000 and not more than $50,000,000. (2)

Grants

In carrying out the purpose described in subsection (a)— (A)the Secretary shall award grants to eligible entities that are located in a community described in paragraph (4)(C) (or are in partnership with an entity that is located in a community described in paragraph (4)(C)) to provide comprehensive HIV/AIDS services to racial and ethnic minorities in such community; and (B)sections 2604(c)(1), 2612(b)(1), and 2651(c)(1) (requiring the use of at least 75 percent of available funds to provide core medical services) shall not apply. (3)

Requirements

Comprehensive HIV/AIDS services provided by an eligible entity pursuant to this subsection shall— (A)include not less than 3 types of HIV/AIDS services authorized under part A, B, C, or D of this title or section 2692; and (B)give special consideration to minority capacity staff building which reflects the target population. (4)

Eligibility

To be eligible to receive a grant under this section, an entity shall— (A)be a nonprofit private entity; (B)be located, or apply for the grant in partnership with an entity that is located, in one of the 10 States and territories with the highest concentration of people living with HIV/AIDS, as determined by the Centers for Disease Control and Prevention; and (C)be located, or apply for the grant in partnership with an entity that is located, in a community in which racial and ethnic minorities comprise a majority of the population, as identified by United States census data. (5)

Distribution of grants

The Secretary shall award grants under this subsection for HIV/AIDS services in not less than 5 of the States and territories described in paragraph (4)(B). (6)

Preference

In awarding grants under this subsection, the Secretary shall give preference to eligible entities that demonstrate each of the following: (A)The eligible entity is located (and not merely in partnership with another entity that is located) in a State or territory described in paragraph (4)(B) and a community described in paragraph (4)(C). (B)In providing HIV/AIDS services through the grant, the eligible entity will partner with one or more local entities in the community to be served. (C)The eligible entity will use the grant to provide innovative approaches to HIV testing, prevention, and treatment. (D)The staff of the eligible entity reflects the community to be served. (E)The members of the governing body of the eligible entity are representative of the community to be served.

(b)

Report

(1)

In general

Not later than January 1, 2009, the Secretary of Human and Health Services shall submit a report to the Congress describing the status of the HIV/AIDS epidemic across the Nation. (2)

Contents

The report submitted under this subsection shall— (A)give special emphasis to the 10 States and territories with the highest concentration of people living with HIV/AIDS, as determined by the Centers for Disease Control and Prevention; (B)include the comments submitted pursuant to paragraph (3); (C)analyze the effectiveness of the grant program established under section 2693(d) of the Public Health Service Act, as added by subsection (a); and (D)recommend any appropriate changes for improving such program. (3)

Comments

In preparing the report required by this subsection, the Secretary shall solicit comments from the general public and each entity receiving a grant under section 2693(d) of the Public Health Service Act, as added by subsection (a).

Temporary extension of Minority HIV/AIDS Initiatives funding

The Secretary of Health and Human Services shall continue to fund grants awarded through the Minority HIV/AIDS Initiatives of the Health Resources and Services Administration, as in effect on the day before the date of the enactment of the Ryan White HIV/AIDS Treatment Modernization Act of 2006 (Pub. L. 109–415), until the Secretary begins to provide funds to entities through section 2693 of the Public Health Service Act (42 U.S.C. 300ff–121), as added by the Ryan White HIV/AIDS Treatment Modernization Act of 2006.

Exemption from Medicaid territorial funding limitation for medical assistance for individuals with HIV/AIDS

(a)

In general

Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended by adding at the end the following:

(4)

Disregarding medical assistance cap for individuals with HIV/AIDS

Funding limitations under this subsection and subsection (f) shall not apply to amounts expended for medical assistance for individuals with HIV/AIDS (as defined in section 2688(7) of the Public Health Service Act).

(b)

Effective date

The amendment made by subsection (a) shall apply to fiscal years beginning with fiscal year 2007.