II 111th CONGRESS 2d Session S. 3401 IN THE SENATE OF THE UNITED STATES May 24, 2010 Mr. Burr (for himself and Mr. Coburn) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the use of unobligated discretionary stimulus dollars to address AIDS Drug Assistance Program waiting lists and other cost containment measures impacting State ADAP programs.

1.

Short title

This Act may be cited as the Addressing Cost Containment Measures To Ensure the Sustainability and Success of ADAP Act or the ACCESS ADAP Act.

2.

AIDS drug assistance programs

(a)

Transfer

There shall be transferred to the Secretary of Health and Human Services, $126,000,000 from discretionary amounts appropriated under the American Recovery and Reinvestment Act (Public Law 111–5) that remain unobligated, to be used by the Secretary in fiscal year 2010 to provide assistance in reducing AIDS Drug Assistance Program (under section 2616 of the Public Health Service Act (42 U.S.C. 300ff–26)) waiting lists and to address other cost containment measures that State AIDS Drug Assistance Programs implement after January 1, 2009. Amounts transferred under this section shall be used by States in a manner consistent with their State AIDS Drug Assistance Program. (b)

Allocations

In allocating funds transferred under subsection (a), the Secretary of Health and Human Services shall— (1)give special consideration to both the total scope, and the basis, of a State's AIDS Drug Assistance Program needs, including the total number of patients on a waiting list, eligibility requirements, and other cost containment measures implemented by a State's AIDS Drug Assistance Program; and (2)ensure that funds shall only be used to provide treatments to individuals who were eligible to participate in the State AIDS Drug Assistance Program on the date of enactment of this Act.