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42 U.S. Code § 300ff-27. State application
(a) In general
The Secretary shall not make a grant to a State under section 300ff–21 of this title for a fiscal year unless the State prepares and submits, to the Secretary, an application at such time, in such form, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out section 300ff–21 of this title.
(b) Description of intended uses and agreementsThe application submitted under subsection (a) shall contain—
(1) a detailed description of the HIV-related services provided in the State to individuals and families with HIV/AIDS during the year preceding the year for which the grant is requested, and the number of individuals and families receiving such services, that shall include—
(A)
a description of the types of programs operated or funded by the State for the provision of HIV-related services during the year preceding the year for which the grant is requested and the methods utilized by the State to finance such programs;
(B)
an accounting of the amount of funds that the State has expended for such services and programs during the year preceding the year for which the grant is requested; and
(C) information concerning—
(i)
the number of individuals to be served with assistance provided under the grant;
(ii)
demographic data on the population of the individuals to be served;
(iii)
the average cost of providing each category of HIV-related health services and the extent to which such cost is paid by third-party payors; and
(iv)
the aggregate amounts expended for each such category of services;
(2)
a determination of the size and demographics of the population of individuals with HIV/AIDS in the State;
(3) a determination of the needs of such population, with particular attention to—
(A)
individuals with HIV/AIDS who know their HIV status and are not receiving HIV-related services; and
(B)
disparities in access and services among affected subpopulations and historically underserved communities;
(4) the designation of a lead State agency that shall—
(A)
administer all assistance received under this part;
(B)
conduct the needs assessment and prepare the State plan under paragraph (3);
(C)
prepare all applications for assistance under this part;
(D)
receive notices with respect to programs under this subchapter;
(E)
every 2 years, collect and submit to the Secretary all audits, consistent with Office of Management and Budget circular A133, from grantees within the State, including audits regarding funds expended in accordance with this part; and
(F)
carry out any other duties determined appropriate by the Secretary to facilitate the coordination of programs under this subchapter.[1]
(5) a comprehensive plan that describes the organization and delivery of HIV health care and support services to be funded with assistance received under section 300ff–21 of this title that shall include a description of the purposes for which the State intends to use such assistance, and that—
(A) establishes priorities for the allocation of funds within the State based on—
(i)
size and demographics of the population of individuals with HIV/AIDS (as determined under paragraph (2)) and the needs of such population (as determined under paragraph (3));
(ii)
availability of other governmental and non-governmental resources, including the State medicaid plan under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] and the State Children’s Health Insurance Program under title XXI of such Act [42 U.S.C. 1397aa et seq.] to cover health care costs of eligible individuals and families with HIV/AIDS;
(iii)
capacity development needs resulting from disparities in the availability of HIV-related services in historically underserved communities and rural communities; and
(iv)
the efficiency of the administrative mechanism of the State for rapidly allocating funds to the areas of greatest need within the State;
(B)
includes a strategy for identifying individuals who know their HIV status and are not receiving such services and for informing the individuals of and enabling the individuals to utilize the services, giving particular attention to eliminating disparities in access and services among affected subpopulations and historically underserved communities, and including discrete goals, a timetable, and an appropriate allocation of funds;
(C)
includes a strategy to coordinate the provision of such services with programs for HIV prevention (including outreach and early intervention) and for the prevention and treatment of substance abuse (including programs that provide comprehensive treatment services for such abuse);
(D)
describes the services and activities to be provided and an explanation of the manner in which the elements of the program to be implemented by the State with such assistance will maximize the quality of health and support services available to individuals with HIV/AIDS throughout the State;
(E)
provides a description of the manner in which services funded with assistance provided under section 300ff–21 of this title will be coordinated with other available related services for individuals with HIV/AIDS;
(F)
provides a description of how the allocation and utilization of resources are consistent with the statewide coordinated statement of need (including traditionally underserved populations and subpopulations) developed in partnership with other grantees in the State that receive funding under this subchapter; and
(G)
includes key outcomes to be measured by all entities in the State receiving assistance under this subchapter; and [2]