a contract for which the only insurance protection 
provided under the contract is coverage of qualified 
long-term care services (as defined in section 
7702B(c) of the Internal Revenue Code of 1986). 
SEC. 5. PUBLIC EDUCATION CAMPAIGN. 
Part P of title III of the Public Health Service Act 
(42 U.S.C. 280g et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 399V–8. PRE-EXPOSURE PROPHYLAXIS AND POST-EX-
POSURE 
PROPHYLAXIS 
EDUCATION 
CAM-
PAIGNS. 
‘‘(a) PUBLIC EDUCATION CAMPAIGN.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Director of the Centers for Disease 
Control and Prevention, in consultation with the Di-
rector of the Office of Infectious Disease and HIV/ 
AIDS Policy, shall establish a public health cam-
paign for the purpose of educating the public on 
medication for the prevention of HIV acquisition. 
‘‘(2) REQUIREMENTS.—In carrying out this 
subsection, the Secretary shall ensure cultural com-
petency and efficacy within high-need communities 
in which PrEP or PEP are underutilized by devel-
oping the campaign in collaboration with organiza-
tions that are indigenous to communities that are 
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overrepresented in the domestic HIV epidemic, in-
cluding communities of color and the lesbian, gay, 
bisexual, transgender, and queer community. The 
Secretary shall ensure that the campaign is designed 
to increase awareness of the safety and effectiveness 
of PrEP and PEP, the recommended clinical prac-
tices for providing PrEP-related and PEP-related 
clinical care, and the local availability of PrEP and 
PEP providers, and to counter stigma associated 
with the use of PrEP and PEP. 
‘‘(3) EVALUATION
OF
PROGRAM.—The Sec-
retary shall develop measures to evaluate the effec-
tiveness of activities conducted under this subsection 
that are aimed at reducing disparities in access to 
PrEP and PEP and supporting the local commu-
nity. Such measures shall evaluate community out-
reach activities, language services, workforce cultural 
competence, and other areas as determined by the 
Secretary. 
‘‘(b) PROVIDER EDUCATION CAMPAIGN.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Director of the Centers for Disease 
Control and Prevention, the Administrator of the 
Health Resources Services Administration, and the 
Office of Infectious Disease and HIV/AIDS Policy, 
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shall establish a provider campaign for the purpose 
of educating prescribers and other associated health 
professionals on medication for the prevention of 
HIV acquisition. 
‘‘(2) REQUIREMENTS.—In carrying out this 
subsection, the Secretary shall increase awareness 
and readiness among health care providers to offer 
PrEP or PEP, as appropriate, with a focus on areas 
of high-need communities in which PrEP or PEP is 
underutilized by developing an educational campaign 
with input from health care providers and organiza-
tions that are indigenous to communities that are 
overrepresented in the domestic HIV epidemic, in-
cluding communities of color and the lesbian, gay, 
bisexual, transgender, and queer community. The 
Secretary shall ensure that the campaign is designed 
to increase awareness of the safety and effectiveness 
of PrEP and PEP, the recommended clinical prac-
tices for providing PrEP-related and PEP-related 
clinical care, cultural competency among PrEP and 
PEP prescribers, and to counter stigma associated 
with the use of PrEP and PEP. 
‘‘(3) EVALUATION
OF
PROGRAM.—The Sec-
retary shall develop measures to evaluate the effec-
tiveness of activities conducted under this subsection 
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that are aimed at increasing the number of health 
care professionals offering PrEP and PEP and re-
ducing disparities in access to PrEP and PEP. Such 
measures shall evaluate availability of PrEP and 
PEP services, education and outreach activities, lan-
guage services, workforce cultural competence, and 
other areas as determined by the Secretary. 
‘‘(c) DEFINITIONS.—In this section and section 
399V–9— 
‘‘(1) the term ‘PEP’ means any drug or com-
bination of drugs approved by the Food and Drug 
Administration for preventing HIV transmission 
after a sexual or other exposure associated with a 
high risk of HIV transmission; and 
‘‘(2) the term ‘PrEP’ means any drug approved 
by the Food and Drug Administration for the pur-
pose of pre-exposure prophylaxis with respect to 
HIV. 
‘‘(d) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there are authorized to be appro-
priated such sums as may be necessary for each of fiscal 
years 2024 through 2029.’’. 
SEC. 6. PATIENT CONFIDENTIALITY. 
The Secretary of Health and Human Services shall 
amend the regulations promulgated under section 264(c) 
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of the Health Insurance Portability and Accountability 
Act of 1996 (42 U.S.C. 1320d–2 note), as necessary, to 
ensure that individuals are able to access the benefits de-
scribed in section 2713(a)(6) under a family plan without 
any other individual enrolled in such family plan, including 
a primary subscriber of or policyholder, being informed of 
such use of such benefits. 
SEC. 7. PRE-EXPOSURE PROPHYLAXIS AND POST-EXPO-
SURE PROPHYLAXIS FUNDING. 
Part P of title III of the Public Health Service Act 
(42 U.S.C. 280g et seq.), as amended by section 5, is fur-
ther amended by adding at the end the following: 
‘‘SEC. 399V–9. PRE-EXPOSURE PROPHYLAXIS AND POST-EX-
POSURE PROPHYLAXIS FUNDING. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of the PrEP Access and Coverage 
Act, the Secretary shall establish a program that awards 
grants to States, territories, Indian Tribes, and directly 
eligible entities for the establishment and support of pre- 
exposure prophylaxis (referred to in this section as 
‘PrEP’) and post-exposure prophylaxis (referred to in this 
section as ‘PEP’) programs. 
‘‘(b) APPLICATIONS.—To be eligible to receive a 
grant under subsection (a), a State, territory, Indian 
Tribe, or directly eligible entity shall— 
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‘‘(D) a health facility operated by or pur-
suant to a contract with the Indian Health 
Service; 
‘‘(E) a community-based organization, clin-
ic, hospital, or other health facility that pro-
vides services to individuals at risk for or living 
with HIV; and 
‘‘(F) a nonprofit private entity providing 
comprehensive primary care to populations at 
risk of HIV, including faith-based and commu-
nity-based organizations. 
‘‘(d) AWARDS.—In determining whether to award a 
grant, and the grant amount for each grant awarded, the 
Secretary shall consider the grant application and the 
need for PrEP and PEP services in the area, the number 
of uninsured and underinsured individuals in the area, and 
how the State, territory, or Indian Tribe coordinates 
PrEP and PEP activities with the directly funded entity, 
if the State, territory, or Indian Tribe applies for the 
funds. 
‘‘(e) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Any State, territory, Indian 
Tribe, or directly eligible entity that is awarded 
funds under subsection (a) shall use such funds for 
eligible PrEP and PEP expenses. 
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‘‘(2) ELIGIBLE
PREP
EXPENSES.—The Sec-
retary shall publish a list of expenses that qualify as 
eligible PrEP and PEP expenses for purposes of this 
section, which shall include— 
‘‘(A) any prescription drug approved by 
the Food and Drug Administration for the pre-
vention of HIV, administrative fees for such 
drugs, laboratory and other diagnostic proce-
dures associated with the use of such drugs, 
and clinical follow-up and monitoring, including 
any related services recommended in current 
United States Public Health Service clinical 
practice guidelines, without limitation; 
‘‘(B) outreach and public education activi-
ties directed toward populations overrepresented 
in the domestic HIV epidemic that increase 
awareness about the existence of PrEP and 
PEP, provide education about access to and 
health care coverage of PrEP and PEP, PrEP 
and PEP adherence programs, and counter 
stigma associated with the use of PrEP and 
PEP; 
‘‘(C) outreach activities directed toward 
physicians and other providers that provide 
education about PrEP and PEP; and 
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‘‘(D) adherence services and counseling, in-
cluding personnel costs for PrEP navigators to 
retain patients in care. 
‘‘(f) REPORT TO CONGRESS.—The Secretary shall, in 
each of the first 5 years beginning one year after the date 
of the enactment of the PrEP Access and Coverage Act 
of 2023, submit to Congress, and make public on the 
internet website of Department of Health and Human 
Services, a report on the impact of any grants provided 
to States, territories, Indian Tribes, and directly eligible 
entities for the establishment and support of pre-exposure 
prophylaxis programs under this section. 
‘‘(g) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there are authorized to be appro-
priated such sums as may be necessary for each of fiscal 
years 2024 through 2029.’’. 
SEC. 8. CLARIFICATION. 
This Act, including the amendments made by this 
Act, shall apply notwithstanding any other provision of 
law, including Public Law 103–141. 
SEC. 9. PRIVATE RIGHT OF ACTION. 
Any person aggrieved by a violation of this Act, in-
cluding the amendments made by this Act, may commence 
a civil action in an appropriate United States District 
Court or other court of competent jurisdiction to obtain 
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relief as allowed by law as either an individual or member 
of a class. If the plaintiff is the prevailing party in such 
an action, the court shall order the defendant to pay the 
costs and reasonable attorney fees of the plaintiff. 
SEC. 10. ENFORCEMENT. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services, in consultation with the Centers for Dis-
ease Control and Prevention, shall— 
(1) issue guidance regarding the implementa-
tion of the coverage requirements established under 
this Act, including the amendments made by this 
Act, including with respect to implementation of 
such coverage requirements; 
(2) develop and disseminate educational mate-
rials, including billing and coding documents; 
(3) provide technical assistance to State insur-
ance commissioners; 
(4) provide technical assistance to eligible enti-
ties for regarding responding to consumer com-
plaints and assisting in resolving such complaints; 
and 
(5) work with other Federal agencies to assist 
in enforcement and compliance. 
(b) COMPLIANCE.— 
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(1) IN GENERAL.—The Secretary of Health and 
Human Services, the Secretary of Labor, and the 
Secretary of the Treasury, in consultation with the 
Director of the Centers for Disease Control and Pre-
vention, shall monitor compliance by group health 
plans and health insurance issuers with coverage re-
quirements established under title XXVII of the 
Public Health Service Act (42 U.S.C. 300gg et seq.), 
as amended by section 3) and shall take appropriate 
enforcement actions under the Public Health Service 
Act, the Employee Retirement Income Security Act 
of 1974, and the Internal Revenue Code of 1986. 
(2) INSURER
SUBMISSIONS
TO
THE
SEC-
RETARY.—Beginning not later than 1 year after the 
date of enactment of this Act, each group health 
plan and health insurance issuer offering group or 
individual health insurance coverage shall submit to 
the Secretary of Health and Human Services, at 
such time as such secretary, in coordination with the 
Secretary of Labor and the Secretary of the Treas-
ury, shall require, but not less frequently than annu-
ally for the 10-year period beginning on such date 
of enactment, data demonstrating compliance with 
the coverage requirements described in paragraph 
(1), including aggregate data on the number of 
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