§256a. Health services for residents of public housing
(a) Establishment
(1) The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make grants for the purpose of enabling grantees, directly or through contracts, to provide to residents of public housing, subject to subsections (e) and (f) of this section-
(A) primary health services, including health screenings; and
(B) health counseling and education services.
(2) The Secretary may not make a grant under paragraph (1) unless the applicant for the grant agrees to expend the grant to carry out each of subparagraphs (A) and (B) of such paragraph.
(3) In carrying out the program established in paragraph (1), the Administrator shall consult with the Director of the Centers for Disease Control.
(b) Minimum qualifications of grantees
(1) Subject to paragraph (2), the Secretary may not make a grant under subsection (a) of this section to an applicant unless-
(A) the applicant is a public or nonprofit private entity;
(B) the applicant has the capacity to effectively administer a grant under subsection (a) of this section; and
(C) in the case of any service under this section that is available pursuant to the State plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for the State in which the service will be provided-
(i) the applicant for the grant will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or
(ii) the applicant for the grant will enter into an agreement with a public or nonprofit private organization under which the organization will provide the service, and the organization has entered into such a participation agreement and is qualified to receive such payments.
(2)(A) In the case of an organization making an agreement pursuant to paragraph (1)(C)(ii) regarding the provision of services under subsection (a) of this section, the requirement established in such paragraph regarding a participation agreement shall be waived by the Secretary if the organization does not, in providing services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.
(B) A determination by the Secretary of whether an organization referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the organization accepts voluntary donations regarding the provision of services to the public.
(c) Preferences in making grants
The Secretary shall, in making grants under subsection (a) of this section, give preference to qualified applicants that-
(1) are resident management corporations under section 1437r of this title; or
(2) are receiving funds under section 254c or 256 of this title.
(d) Requirement of matching funds from public grantees
(1) In the case of a public entity applying for a grant under subsection (a) of this section, the Secretary may not make such a grant unless the public entity agrees that, with respect to the costs to be incurred by such entity in carrying out the purpose described in such subsection, the entity will make available non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided in the grant.
(2) In determining the amount of non-Federal contributions in cash that a public entity has provided pursuant to paragraph (1), the Secretary may not include any amounts provided to the public entity by the Federal Government.
(e) Requirements regarding services
The Secretary may not make a grant under subsection (a) of this section to an applicant unless the applicant agrees that the applicant will, directly or through contract-
(1) provide services under this section on the premises of public housing projects or at other locations immediately accessible to residents of public housing;
(2) refer such residents, as appropriate, to qualified facilities and practitioners for necessary follow-up services;
(3) provide outreach services to inform such residents of the availability of such services; and
(4) aid such residents in establishing eligibility for assistance, and in obtaining services, under Federal, State, and local programs providing health services, mental health services, or social services.
(f) Optional provision of certain services
(1) A grantee under subsection (a) of this section may expend the grant-
(A) to train residents of public housing to provide health screenings and to provide educational services; and
(B) to provide health services to individuals who are not residents of public housing.
(2) The Secretary may not make a grant under subsection (a) of this section unless the applicant for the grant agrees that if, pursuant to paragraph (1)(B), the applicant provides health services to individuals who are not residents of public housing, the health services will be provided to such individuals under the same terms and conditions as such services are provided to residents of public housing (including all terms and conditions in effect pursuant to this section).
(g) Consultation with residents
The Secretary may not make a grant under subsection (a) of this section unless, with respect to the residents of the public housing involved, the applicant for the grant-
(1) has consulted with the residents in the preparation of the application for the grant; and
(2) agrees to provide for ongoing consultation with the residents regarding the planning and administration of the program carried out with the grant.
(h) Restrictions on use of grant funds
(1) The Secretary may not, except as provided in paragraph (2), make a grant under subsection (a) of this section to an applicant unless the applicant agrees that amounts received pursuant to such subsection will not, directly or through contract, be expended-
(A) for any purpose other than the purposes authorized in this section;
(B) to provide inpatient services;
(C) to make cash payments to intended recipients of services under this section; or
(D) to purchase or improve real property (other than minor remodeling of existing improvements to real property) or to purchase major medical equipment or motor vehicles.
(2) If the Secretary finds that the purpose described in subsection (a) of this section cannot otherwise be carried out, the Secretary may, with respect to an otherwise qualified applicant, waive the restriction established in paragraph (1)(D).
(i) Limitation on charges for services
The Secretary may not make a grant under subsection (a) of this section to an applicant unless the applicant agrees that, whether the services are provided directly or through contract-
(1) services under the grant will be provided without regard to ability to pay for the services; and
(2) if a charge is imposed for the delivery of the services, such charge-
(A) will be made according to a schedule of charges that is made available to the public;
(B) will not be imposed on any resident of public housing with an income less than the official poverty level; and
(C) will be adjusted to reflect the income and resources of the resident of public housing involved.
(j) Requirements regarding administration
The Secretary may not make a grant under subsection (a) of this section to an applicant unless the applicant-
(1) agrees to establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant;
(2) agrees to establish an ongoing program of quality assurance with respect to the services provided under the grant;
(3) agrees to ensure the confidentiality of records maintained on residents of public housing that are receiving such services;
(4) with respect to providing services to any population of such residents a substantial portion of which has a limited ability to speak the English language-
(A) has developed and has the ability to carry out a reasonable plan to provide services under the grant through individuals who are able to communicate with the population involved in the language and cultural context that is most appropriate; and
(B) has designated at least one individual, fluent in both English and the appropriate language, to assist in carrying out the plan; and
(5) agrees to submit to the Secretary an annual report that describes the utilization and costs of services provided under the grant and that provides such other information as the Secretary determines to be appropriate.
(k) Limitation on administrative expenses of grantee
The Secretary may not make a grant under subsection (a) of this section to an applicant unless the applicant agrees that the applicant will not expend more than 10 percent of amounts received pursuant to such subsection for the purpose of administering the grant.
(l) Requirement of application
The Secretary may not provide financial assistance under subsection (a) of this section unless-
(1) an application for the assistance is submitted to the Secretary;
(2) with respect to carrying out the purpose for which the assistance is to be provided, the application provides assurances of compliance satisfactory to the Secretary; and
(3) the application otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
(m) Technical assistance
(1) The Secretary may provide technical assistance to applicants and grantees under subsection (a) of this section regarding the planning, development, and operation of programs to carry out the purpose described in such subsection. The Secretary may provide such technical assistance directly, through contracts, or through grants.
(2) Any technical assistance provided by the Secretary under paragraph (1) shall be provided without charge to applicants and grantees under subsection (a) of this section.
(3) Of the amounts appropriated pursuant to subsection (p)(1) of this section for a fiscal year, the Secretary may expend not more than $2,000,000 for the purpose of carrying out paragraph (1).
(n) Annual reports by Secretary
Not later than January 10 of each year, the Secretary shall submit to the Congress a report describing the utilization and costs of services provided under this section during the immediately preceding fiscal year.
(o) Definitions
For purposes of this section:
(1) The term "official poverty level" means the nonfarm income official poverty line defined by the Office of Management and Budget and revised annually in accordance with section 9902(2) of this title.
(2) The term "organization" includes individuals, corporations, partnerships, companies, and associations.
(3) The term "primary health services" has the meaning given such term in section 254c(b)(1) of this title.
(4) The term "public housing" has the meaning given such term in section 1437a(b)(1) of this title.
(p) Funding
(1) For the purpose of carrying out this section, there are authorized to be appropriated $35,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 and 1993.
(2) Amounts received by a grantee pursuant to subsection (a) of this section remaining unobligated at the end of the fiscal year in which the amounts were received shall remain available to the grantee during the succeeding fiscal year for the purpose described in such subsection.
(q) Infant mortality and morbidity
(1) In general
The Secretary may make grants to grantees under subsection (a) of this section for the purpose of assisting such grantees in-
(A) providing comprehensive health care and support services for the reduction of (i) the incidence of infant mortality, and (ii) morbidity among children who are less than 3 years of age; and
(B) developing and coordinating service and referral arrangements between such grantees and other entities for the health management of pregnant women and children described in subparagraph (A).
(2) Required activities
The Secretary may make a grant under paragraph (1) only if the applicant involved agrees to expend the grant for the following activities with respect to the purpose described in such paragraph:
(A) Primary health services, including prenatal care.
(B) Community education, outreach, and case finding.
(C) Case management services.
(D) Client education, including parenting and child development education.
(3) Certain authorized activities
The purposes for which a grant under paragraph (1) may be expended include, with respect to the purpose described in such paragraph, substance abuse screening, counseling and referral services, and other necessary nonmedical support services, including child care, translation services, and housing assistance.
(4) Certain requirements regarding provision of services
The Secretary may make a grant under paragraph (1) only if the applicant involved agrees that-
(A) the applicant will coordinate the provision of services under the grant to each of the recipients of the services;
(B) such services will be continuous for each such recipient;
(C) the applicant will provide follow-up services for individuals who are referred by the applicant for services described in paragraph (3); and
(D) the grant will be expended to supplement, and not supplant, the expenditures of the applicant for primary health services (including prenatal care) with respect to the purpose described in paragraph (1).
(5) Application for grant
The Secretary may make a grant under paragraph (1) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this subsection.
(6) Authorization of appropriations
For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1993 and 1994.
(July 1, 1944, ch. 373, title III, §340A, as added Nov. 6, 1990,
References in Text
The Social Security Act, referred to in subsec. (b)(1)(C), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 256a, act July 1, 1944, ch. 373, title III, §340A, as added Nov. 10, 1978,
Amendments
1992-Subsec. (q).
Change of Name
Centers for Disease Control changed to Centers for Disease Control and Prevention by
Section Referred to in Other Sections
This section is referred to in sections 233, 247b–1, 247b–6, 247c–1, 256b, 256c, 256d, 290bb–3, 295p, 1396d of this title.