Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Notices 63357

Eligibility Criteria

In order to receive funding under

Title II of the CARE Act, each State was

required to develop:

• A detailed description of the HIVrelated services provided in the State to

individuals and families with HIV

disease during the year preceding the

year for which the grant was requested,

and the number of individuals and

families receiving such services; and

• A comprehensive plan for the

organization and delivery of HIV health

care and support services to be funded

with the Title II grant, including a

description of the purposes for which

the State intends to use such assistance.

Each State was also required to

submit an application containing such

agreements, assurances, and information

as the Secretary determined to be

necessary to carry out this program,

including an assurance that:

• The public health agency that is

administering the grant for the State will

conduct public hearings concerning the

proposed use and distribution of the

Title II grant assistance;

• The State will, to the maximum

extent practicable, ensure that HIVrelated health care and support services

delivered with Title II assistance will be

provided without regard to the ability of

the individual to pay or the current or

past health condition of the individual;

ensure that such services will be

provided in a setting that is accessible

to low-income individuals with HIV

disease, and provide outreach to inform

such individuals of the services

available; and, in the case of a State that

intends to use grant funds for the

continuation of health insurance

coverage, ensure that the State has

established a program that assures that

such amounts will be targeted to

individuals who would not otherwise be

able to afford health insurance coverage,

that income, assets, and medical

expense criteria will be established and

applied by the State to identify those

individuals who qualify for assistance,

and that information concerning such

criteria will be made available to the

public;

• The State will provide for periodic

independent peer review to assess the

quality and appropriateness of health

and support services provided by

entities that receive Title II funds from

the State;

• The State will permit and cooperate

with any Federal investigations

undertaken regarding programs

conducted under Title II;

• The State will maintain HIV-related

activities at a level that is equal to not

less than the level of such expenditures

by the State for the 1-year period

preceding the fiscal year for which the

State applied to receive a grant under

Title II; and

• The State will ensure that grant

funds are not utilized to make payments

for any item or service to the extent that

payment has been made, or can

reasonably be expected to be made, with

respect to that item or service (1) under

any State compensation program, under

an insurance policy, or under any

Federal or State health benefits program,

or (2) by an entity that provides health

services on a prepaid basis.

General Use of Grant Funds

States may use the HIV Care Grant

funds to:

• Deliver or enhance HIV-related

outpatient and ambulatory health and

support services, including case

management, substance abuse treatment

and mental health treatment, and

comprehensive treatment services,

which include treatment education and

prophylactic treatment for opportunistic

infections, for individuals and families

with HIV disease.

• Deliver or enhance HIV-related

inpatient case management services that

prevent unnecessary hospitalization or

that expedite discharge, as medically

appropriate, from inpatient facilities.

• Establish and operate HIV care

consortia within areas most affected by

HIV. The statute defines a consortium as

an association of one or more public,

and one or more nonprofit private (or

private for-profit providers or

organizations if such entities are the

only available providers of quality HIV

care in the area) health care and support

service providers and community-based

organizations operating within areas

determined by the State to be most

affected by HIV disease.

• Provide home- and communitybased care services for individuals with

HIV disease. Funding priorities must be

given to entities that provide assurances

to the State that they will participate in

HIV care consortia if such consortia

exist within the State, and will utilize

the funds for the provision of home- and

community-based services to lowincome individuals with HIV disease.

• Provide assistance to assure health

insurance coverage for low-income

individuals with HIV disease.

• Provide therapeutics to treat HIV

disease or prevent the serious

deterioration of health arising from HIV

disease in eligible individuals,

including measures for the prevention

and treatment of opportunistic

infections.

A State must use not less than the

percentage of its grant funds constituted

by the ratio of the population in the

State of infants, children, and women

with AIDS to the general population in

the State of individuals with AIDS to

provide health and support services to

infants, children, and women with such

syndrome.

A State must take administrative or

legislative action to require that a good

faith effort be made to notify a spouse

of a known HIV-infected patient that

such spouse may have been exposed to

HIV and should seek testing.

At least 75 percent of the fiscal year

1997 Title II grant awarded to a State

must be obligated to specific programs

and projects and made available for

expenditure not later than 150 days after

receipt of such amounts in the case of

a the first fiscal year for which amounts

are received, and within 120 days of the

receipt of the grant by the State in

succeeding fiscal years.

Federal Smoke-Free Compliance

The Public Health Service strongly

encourages all grant and contract

recipients to provide a smoke-free

workplace and promote the non-use of

all tobacco products. In addition, Public

Law 103–227, the Pro-Children Act of

1994, prohibits smoking in certain

facilities (or in some cases, any portion

of a facility) in which regular or routine

education, library, day care, health care

or early childhood development

services are provided to children.

Executive Order 12372

It has been determined that the Title

II HIV Care Grant Program is not subject

to the provisions of Executive Order

12372 concerning inter-governmental

review of Federal programs.

The Catalog of Federal Domestic

Assistance Number is 93.917.

Dated: November 21, 1997.

Claude Earl Fox,

Acting Administrator.

[FR Doc. 97–31211 Filed 11–26–97; 8:45 am]

BILLING CODE 4160–15–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Resources and Services

Administration

HIV Emergency Relief Grant Program

AGENCY: Health Resources and Services

Administration.

ACTION: Notice of grants made to eligible

metropolitan areas.

SUMMARY: The Health Resources and

Services Administration (HRSA)

announces that fiscal year 1997 funds
63358 Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Notices

have been awarded to the 49 eligible

metropolitan areas (EMAs) that have

been the most severely affected by the

HIV epidemic. Although these funds

have already been awarded to the

EMAs, HRSA is publishing this notice

to inform the general public of the

existence of the funds. In addition,

HRSA determined that it would be

useful for the general public to be aware

of the structure of the HIV Emergency

Relief Grant Program and the statutory

requirements governing the use of the

funds.

The purposes of these funds are to

deliver or enhance HIV-related (1)

outpatient and ambulatory health and

support services, including case

management, substance abuse treatment

and mental health treatment, and

comprehensive treatment services,

which include treatment education and

prophylactic treatment for opportunistic

infections, for individuals and families

with HIV disease; and (2) inpatient case

management services that prevent

unnecessary hospitalization or that

expedite discharge, as medically

appropriate, from inpatient facilities.

The HIV Emergency Relief Grant

Program is authorized by Title I of the

Ryan White Comprehensive AIDS

Resources Emergency (CARE) Act of

1990, Public Law 101–381, as amended

by the Ryan White CARE Act

Amendments of 1996, Public Law 104–

146, which amended Title XXVI of the

Public Health Service Act. Funds were

appropriated under Public Law 104–

208.

FOR FURTHER INFORMATION, CONTACT:

Individuals interested in the Title I HIV

Emergency Relief Grant Program should

contact the Office of the Chief Elected

Official (CEO) in their locality, and may

obtain information on their CEO contact

by calling Anita Eichler, M.P.H.,

Director, Division of Service Systems, at

(301) 443–6745.

SUPPLEMENTARY INFORMATION:

Availability of Funds

A total of $429,377,900 was made

available for the Title I HIV Emergency

Relief Grant Program. Below is a table

showing the total award of grants made

to the 49 EMAs.

Grantee Award

Atlanta, GA ........................... $12,632,117

Austin, TX ............................. 3,337,861

Baltimore, MD ....................... 10,033,688

Bergen-Passaic, NJ .............. 4,292,593

Boston, MA ........................... 9,033,443

Caguas, PR .......................... 1,431,210

Chicago, IL ............................ 15,741,071

Cleveland-Lorain-Elyria, OH 1,877,513

Dallas, TX ............................. 8,129,583

Grantee Award

Denver, CO ........................... 4,668,572

Detroit, MI ............................. 6,087,121

Dutchess County, NY ........... 776,847

Ft. Lauderdale, FL ................ 8,312,185

Ft. Worth-Arlington, TX ......... 1,902,232

Hartford, CT .......................... 2,661,473

Houston, TX .......................... 10,768,697

Jacksonville, FL .................... 3,762,713

Jersey City, NJ ..................... 4,600,103

Kansas City, MO ................... 2,884,537

Los Angeles, CA ................... 30,227,298

Miami, FL .............................. 18,863,208

Middlesex-SomersetHunterdon, NJ ................... 1,919,076

Minneapolis-St. Paul, MN ..... 1,990,700

Nassau-Suffolk, NY .............. 4,697,795

New Haven, CT .................... 5,336,678

New Orleans, LA .................. 4,727,682

New York, NY ....................... 92,459,373

Newark, NJ ........................... 11,612,530

Oakland, CA ......................... 5,905,961

Orange County, CA .............. 4,401,330

Orlando, FL ........................... 4,319,349

Philadelphia, PA ................... 13,465,328

Phoenix, AZ .......................... 3,380,053

Ponce, PR ............................. 2,183,463

Portland, OR ......................... 3,472,480

Riverside-San Bernardino,

CA ..................................... 5,986,979

Sacramento, CA ................... 2,038,827

St. Louis, MO ........................ 3,506,350

San Antonio, TX ................... 3,014,191

San Diego, CA ...................... 8,198,109

San Francisco, CA ................ 37,194,634

San Jose, CA ........................ 1,992,602

San Juan, PR ....................... 10,550,845

Santa Rosa-Petaluma, CA ... 1,330,630

Seattle, WA ........................... 5,481,431

Tampa-St. Petersburg, FL .... 6,548,952

Vineland-Millville-Bridgeton,

NJ ...................................... 677,001

Washington, D.C. .................. 15,838,868

West Palm Beach, FL ........... 5,122,618

Eligible Grantees

Metropolitan areas which were

eligible for grant awards under Title I

were those areas for which, as of March

31, 1996, there had been reported to and

confirmed by the CDC a cumulative

total of more than 2,000 cases of AIDS

for the previous 5 years, and there was

a population of at least 500,000

individuals, or, for which an award had

been made prior to fiscal year 1997.

Grants were awarded to the chief

elected official (CEO) of the city or

urban county in each EMA that

administers the public health agency

providing outpatient and ambulatory

services to the greatest number of

individuals with AIDS.

To be eligible for assistance under

Title I, the CEO was required to

establish or designate an HIV health

services planning council that reflects in

its composition the demographics of the

epidemic in the EMA, with particular

consideration given to

disproportionately affected and

historically underserved groups and

subpopulations. The planning council is

to: (1) Establish priorities for the

allocation of funds within the eligible

area; (2) develop a comprehensive plan

for the organization and delivery of

health services described in the statute

that is compatible with any State or

local plan regarding the provision of

health services to individuals with HIV

disease; (3) assess the efficiency of the

administrative mechanism in rapidly

allocating funds to the areas of greatest

need within the eligible area; (4)

participate in the development of the

statewide coordinated statement of need

initiated by the State public health

agency responsible for administering

State grants (Part B of Title XXVI of the

Public Health Service Act); and (5)

establish methods for obtaining input on

community needs and priorities which

may include public meetings,

conducting focus groups, and convening

ad-hoc panels. The planning council

must include representatives of: health

care providers, including federally

qualified health centers; communitybased and AIDS service organizations;

social services providers; mental health

and substance abuse providers; local

public health agencies; hospital

planning agencies or health care

planning agencies; affected

communities, including people with

HIV disease or AIDS and historically

underserved groups and

subpopulations; non-elected community

leaders; State government, including the

State Medicaid agency and the agency

administering the program under Part B

of Title XXVI of the PHS Act; and

grantees receiving categorical grants for

early intervention services under Part C

of Title XXVI of the PHS Act; grantees

under section 2671 of the PHS Act, or,

if none are operating in the area,

representatives of organizations with a

history of serving children, youth,

women, and families living with HIV

and operating in the area; and grantees

under other federal HIV programs. The

allocation of funds and services within

the EMA must be made in accordance

with the priorities established by the

planning council.

To be eligible to receive a grant under

Title I, the EMAs were required to

submit an application containing such

information as the Secretary required,

including assurances adequate to

ensure:

• That funds received would be

utilized to supplement not supplant

State funds provided for HIV-related

services;

• That the political subdivisions

within the EMA would maintain HIVrelated expenditures at a level equal to
Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Notices 63359

that expended for the preceding fiscal

year. Funds received under Title I may

not be used in maintaining the required

level of expenditures;

• That the EMA has an HIV health

services planning council and has

entered into intergovernmental

agreements with any required political

subdivisions and has developed or will

develop a comprehensive plan for the

organization and delivery of health

services, in accordance with the

legislation;

• That entities within the EMA that

receive Title I funds will participate in

an established HIV community-based

continuum of care if such continuum

exists within the EMA;

• That Title I funds will not be

utilized to make payments for any item

or service to the extent that payment has

been made, or can reasonably be

expected to be made, with respect to

that item or service (1) under any State

compensation program, under an

insurance policy, or under any Federal

or State health benefits program, or (2)

by an entity that provides health

services on a prepaid basis; and

• To the maximum extent practicable,

that HIV health care and support

services provided with Title I assistance

will be provided without regard to the

ability of the individual to pay for such

services or to the current or past health

condition of the individual. Such

services will be provided in a setting

that is accessible to low-income

individuals with HIV disease, and a

program of outreach will be provided to

inform such individuals of such

services.

o That the applicant has participated,

or will agree to participate, in the

statewide coordinated statement of need

process where it has been initiated by

the State public health agency

responsible for administering grants

under part B, and ensures that the

services provided under the

comprehensive plan are consistent with

the statewide coordinated statement of

need.

General Use of Grant Funds

EMAs must use the Title I HIV

Emergency Relief grants to provide

financial assistance to public or

nonprofit entities, or private for-profit

entities if such entities are the only

available provider of quality HIV care in

the area, for the purpose of delivering or

enhancing—

o HIV-related outpatient and

ambulatory health and support services,

including case management, substance

abuse treatment and mental health

treatment, and comprehensive treatment

services, which will include treatment

education and prophylactic treatment

for opportunistic infections, for

individuals and families with HIV

disease; and

o HIV-related inpatient case

management services that prevent

unnecessary hospitalization or that

expedite discharge, as medically

appropriate, from inpatient facilities.

In order to provide health and support

services to infants, children, and women

with HIV disease, including treatment

measures to prevent the perinatal

transmission of HIV, the EMA must use

an amount of funding from the Title I

grant not less than the percentage

constituted by the ratio of the

population in the EMA of infants,

children, and women with AIDS to the

general population of AIDS-infected

individuals in the EMA.

Federal Smoke-Free Compliance

The Public Health Service strongly

encourages all grant recipients to

provide a smoke-free workplace and

promote the non-use of all tobacco

products. In addition, Public Law 103–

277, the Pro-Children Act of 1994,

prohibits smoking in certain facilities

(or, in some cases, any portion of a

facility) in which regular or routine

education, library, day care, health care

or early childhood development

services are provided to children.

Executive Order 12372

Grants awarded for the Title I HIV

Emergency Relief Grant Program are

subject to the provisions of Executive

Order 12372, as implemented under 45

CFR Part 100, which allows States the

option of setting up a system for

reviewing applications within their

States for assistance under certain

Federal programs. The application

packages made available by HRSA to the

EMAs contained a listing of States

which have chosen to set up such a

review system and provided a point of

contact in the States for the review.

(The catalog of Federal Domestic Assistance

Numbers are: Formula Grants—93.915;

Supplemental Grants—93.914.)

Dated: November 21, 1997.

Claude Earl Fox,

Acting Administrator.

[FR Doc. 97–31210 Filed 11–26–97; 8:45 am]

BILLING CODE 4160–15–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Resources and Services

Administration

Advisory Council Meeting

In accordance with section 10(a)(2) of

the Federal Advisory Committee Act

(Public Law 92–463), announcement is

made of the following National

Advisory bodies scheduled to meet

during the month of December, 1997.

Name: Advisory Commission on

Childhood Vaccines (ACCV).

Date and Time: December 3, 1997; 9:00

a.m.–5:00 p.m., December 4, 1997; 9:00 a.m.–

12:00 Noon

Place: Parklawn Building, Conference

Room D, 5600 Fishers Lane, Rockville,

Maryland 20857.

The meeting is open to the public.

The full Commission will meet on

Wednesday, December 3, from 9:00 a.m. to

5:00 p.m. and on Thursday, December 4,

from 9:00 a.m. to 12:00 p.m. Agenda items

will include, but not be limited to: an update

on the Vaccine Information Statements for

newly added vaccines to the National

Vaccine Injury Compensation Program

(VICP); a discussion of potential legislative

amendments to the VICP; a report on

vaccines currently in clinical trials; a

presentation on vaccine registries, and

reports from the Department of Justice, the

National Vaccine Program Office, and routine

Program reports.

Public comment will be permitted before

lunch and at the end of the Commission

meeting on December 3 and before

adjournment on December 4. Oral

presentations will be limited to 5 minutes per

public speaker. Persons interested in

providing an oral presentation should submit

a written request, along with a copy of their

presentation to: Ms. Melissa Palmer,

Principal Staff Liaison, Division of Vaccine

Injury Compensation, Bureau of Health

Professions, Health Resources and Services

Administration, Room 8A–35, 5600 Fishers

Lane, Rockville, MD 20857, Telephone (301)

443–6593. Requests should contain the name,

address, telephone number, and any business

or professional affiliation of the person

desiring to make an oral presentation. Groups

having similar interests are requested to

combine their comments and present them

through a single representative. The

allocation of time may be adjusted to

accommodate the level of expressed interest.

The Division of Vaccine Injury Compensation

will notify each presenter by mail or

telephone of their assigned presentation time.

Persons who do not file an advance request

for a presentation, but desire to make an oral

statement, may sign-up in Conference Room

D on December 3 and 4. These persons will

be allocated time as time permits.

Anyone requiring information regarding

the Commission should contact Ms. Palmer,

Division of Vaccine Injury Compensation,

Bureau of Health Professions, Health

Resources and Services Administration,

Room 8A–35, 5600 Fishers Lane, Rockville,

Maryland 20857, Telephone (301) 443–6593.