42 U.S.C. § 300ff: Early diagnosis grant program

In the case of States whose laws or regulations are in accordance with subsection (b), the Secretary, acting through the Centers for Disease Control and Prevention, shall make grants to such States for the purposes described in subsection (c). Voluntary opt-out testing of pregnant women. Universal testing of newborns. Voluntary opt-out testing of clients at sexually transmitted disease clinics. Voluntary opt-out testing of clients at substance abuse treatment centers. A State may use funds provided under subsection (a) for HIV/AIDS testing (including rapid testing), prevention counseling, treatment of newborns exposed to HIV/AIDS, treatment of mothers infected with HIV/AIDS, and costs associated with linking those diagnosed with HIV/AIDS to care and treatment for HIV/AIDS. A State that is eligible for the grant under subsection (a) shall submit an application to the Secretary, in such form, in such manner, and containing such information as the Secretary may require. A grant under subsection (a) to a State for a fiscal year may not be made in an amount exceeding $10,000,000. Nothing in this section shall be construed to pre-empt State laws regarding HIV/AIDS counseling and testing. that is administered to an individual seeking other health care services; and pre-test counseling is not required but the individual is informed that the individual will receive an HIV/AIDS test and the individual may opt out of such testing; and for those individuals with a positive test result, post-test counseling (including referrals for care) is provided and confidentiality is protected. all infants born in the State; or all infants born in the State whose mother’s HIV/AIDS status is unknown at the time of delivery. Of the funds appropriated annually to the Centers for Disease Control and Prevention for HIV/AIDS prevention activities, $30,000,000 shall be made available for each of the fiscal years 2007 through 2009 for grants under subsection (a), of which $20,000,000 shall be made available for grants to States with the policies described in subsection (b)(1), and $10,000,000 shall be made available for grants to States with the policies described in subsection (b)(2). Funds provided under this section are available until expended. Research studies and statewide clinical experiences have demonstrated that administration of anti-retroviral medication during pregnancy can significantly reduce the transmission of the human immunodeficiency virus (commonly known as HIV) from an infected mother to her baby. The Centers for Disease Control and Prevention have recommended that all pregnant women receive HIV counseling; voluntary, confidential HIV testing; and appropriate medical treatment (including anti-retroviral therapy) and support services. The provision of such testing without access to such counseling, treatment, and services will not improve the health of the woman or the child. The provision of such counseling, testing, treatment, and services can reduce the number of pediatric cases of acquired immune deficiency syndrome, can improve access to and provision of medical care for the woman, and can provide opportunities for counseling to reduce transmission among adults, and from mother to child. The provision of such counseling, testing, treatment, and services can reduce the overall cost of pediatric cases of acquired immune deficiency syndrome. The cancellation or limitation of health insurance or other health coverage on the basis of HIV status should be impermissible under applicable law. Such cancellation or limitation could result in disincentives for appropriate counseling, testing, treatment, and services. routine HIV counseling and voluntary testing of pregnant women should become the standard of care; and the relevant medical organizations as well as public health officials should issue guidelines making such counseling and testing the standard of care.”