42 U.S.C. § 300z-5 : US Code - Section 300Z-5: Requirements for applications

Search 42 U.S.C. § 300z-5 : US Code - Section 300Z-5: Requirements for applications

(a) Form, content, and assurances
An application for a grant for a demonstration project for
services under this subchapter shall be in such form and contain
such information as the Secretary may require, and shall include -
(1) an identification of the incidence of adolescent pregnancy
and related problems;
(2) a description of the economic conditions and income levels
in the geographic area to be served;
(3) a description of existing pregnancy prevention services and
programs of care for pregnant adolescents and adolescent parents
(including adoption services), and including where, how, by whom,
and to which population groups such services are provided, and
the extent to which they are coordinated in the geographic area
to be served;
(4) a description of the major unmet needs for services for
adolescents at risk of initial or recurrent pregnancies and an
estimate of the number of adolescents not being served in the
area;
(5)(A) in the case of an applicant who will provide care
services, a description of how all core services will be provided
in the demonstration project using funds under this subchapter or
will otherwise be provided by the grantee in the area to be
served, the population to which such services will be provided,
how such services will be coordinated, integrated, and linked
with other related programs and services and the source or
sources of funding of such core services in the public and
private sectors; or
(B) in the case of an applicant who will provide prevention
services, a description of the necessary services to be provided
and how the applicant will provide such services;
(6) a description of the manner in which adolescents needing
services other than the services provided directly by the
applicant will be identified and how access and appropriate
referral to such other services (such as medicaid; licensed
adoption agencies; maternity home services; public assistance;
employment services; child care services for adolescent parents;
and other city, county, and State programs related to adolescent
pregnancy) will be provided, including a description of a plan to
coordinate such other services with the services supported under
this subchapter;
(7) a description of the applicant's capacity to continue
services as Federal funds decrease and in the absence of Federal
assistance;
(8) a description of the results expected from the provision of
services, and the procedures to be used for evaluating those
results;
(9) a summary of the views of public agencies, providers of
services, and the general public in the geographic area to be
served, concerning the proposed use of funds provided for a
demonstration project for services under this subchapter and a
description of procedures used to obtain those views, and, in the
case of applicants who propose to coordinate services
administered by a State, the written comments of the appropriate
State officials responsible for such services;
(10) assurances that the applicant will have an ongoing quality
assurance program;
(11) assurances that, where appropriate, the applicant shall
have a system for maintaining the confidentiality of patient
records in accordance with regulations promulgated by the
Secretary;
(12) assurances that the applicant will demonstrate its
financial responsibility by the use of such accounting procedures
and other requirements as may be prescribed by the Secretary;
(13) assurances that the applicant (A) has or will have a
contractual or other arrangement with the agency of the State (in
which the applicant provides services) that administers or
supervises the administration of a State plan approved under
title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for
the payment of all or a part of the applicant's costs in
providing health services to persons who are eligible for medical
assistance under such a State plan, or (B) has made or will make
every reasonable effort to enter into such an arrangement;
(14) assurances that the applicant has made or will make and
will continue to make every reasonable effort to collect
appropriate reimbursement for its costs in providing health
services to persons who are entitled to benefits under title V of
the Social Security Act [42 U.S.C. 701 et seq.], to medical
assistance under a State plan approved under title XIX of such
Act [42 U.S.C. 1396 et seq.], or to assistance for medical
expenses under any other public assistance program or private
health insurance program;
(15) assurances that the applicant has or will make and will
continue to make every reasonable effort to collect appropriate
reimbursement for its costs in providing services to persons
entitled to services under parts B and E of title IV [42 U.S.C.
620 et seq., 670 et seq.] and title XX of the Social Security Act
[42 U.S.C. 1397 et seq.];
(16)(A) a description of -
(i) the schedule of fees to be used in the provision of
services, which shall comply with section 300z-3(c) of this
title and which shall be designed to cover all reasonable
direct and indirect costs incurred by the applicant in
providing services; and
(ii) a corresponding schedule of discounts to be applied to
the payment of such fees, which shall comply with section 300z-
3(c) of this title and which shall be adjusted on the basis of
the ability of the eligible person to pay;
(B) assurances that the applicant has made and will continue to
make every reasonable effort -
(i) to secure from eligible persons payment for services in
accordance with such schedules;
(ii) to collect reimbursement for health or other services
provided to persons who are entitled to have payment made on
their behalf for such services under any Federal or other
government program or private insurance program; and
(iii) to seek such reimbursement on the basis of the full
amount of fees for services without application of any
discount; and
(C) assurances that the applicant has submitted or will submit
to the Secretary such reports as the Secretary may require to
determine compliance with this paragraph;
(17) assurances that the applicant will make maximum use of
funds available under subchapter VIII of this chapter;
(18) assurances that the acceptance by any individual of family
planning services or family planning information (including
educational materials) provided through financial assistance
under this subchapter shall be voluntary and shall not be a
prerequisite to eligibility for or receipt of any other service
furnished by the applicant;
(19) assurances that fees collected by the applicant for
services rendered in accordance with this subchapter shall be
used by the applicant to further the purposes of this subchapter;
(20) assurances that the applicant, if providing both
prevention and care services will not exclude or discriminate
against any adolescent who receives prevention services and
subsequently requires care services as a pregnant adolescent;
(21) a description of how the applicant will, as appropriate in
the provision of services -
(A) involve families of adolescents in a manner which will
maximize the role of the family in the solution of problems
relating to the parenthood or pregnancy of the adolescent;
(B) involve religious and charitable organizations, voluntary
associations, and other groups in the private sector as well as
services provided by publicly sponsored initiatives;
(22)(A) assurances that -
(i) except as provided in subparagraph (B) and subject to
clause (ii), the applicant will notify the parents or guardians
of any unemancipated minor requesting services from the
applicant and, except as provided in subparagraph (C), will
obtain the permission of such parents or guardians with respect
to the provision of such services; and
(ii) in the case of a pregnant unemancipated minor requesting
services from the applicant, the applicant will notify the
parents or guardians of such minor under clause (i) within a
reasonable period of time;
(B) assurances that the applicant will not notify or request
the permission of the parents or guardian of any unemancipated
minor without the consent of the minor -
(i) who solely is requesting from the applicant pregnancy
testing or testing or treatment for venereal disease;
(ii) who is the victim of incest involving a parent; or
(iii) if an adult sibling of the minor or an adult aunt,
uncle, or grandparent who is related to the minor by blood
certifies to the grantee that notification of the parents or
guardians of such minor would result in physical injury to such
minor; and
(C) assurances that the applicant will not require, with
respect to the provision of services, the permission of the
parents or guardians of any pregnant unemancipated minor if such
parents or guardians are attempting to compel such minor to have
an abortion;
(23) assurances that primary emphasis for services supported
under this subchapter shall be given to adolescents seventeen and
under who are not able to obtain needed assistance through other
means;
(24) assurances that funds received under this subchapter shall
supplement and not supplant funds received from any other
Federal, State, or local program or any private sources of funds;
and
(25) a plan for the conduct of, and assurances that the
applicant will conduct, evaluations of the effectiveness of the
services supported under this subchapter in accordance with
subsection (b) of this section.
(b) Evaluations: amount, conduct, and technical assistance
(1) Each grantee which receives funds for a demonstration project
for services under this subchapter shall expend at least 1 per
centum but not in excess of 5 per centum of the amounts received
under this subchapter for the conduct of evaluations of the
services supported under this subchapter. The Secretary may, for a
particular grantee upon good cause shown, waive the provisions of
the preceding sentence with respect to the amounts to be expended
on evaluations, but may not waive the requirement that such
evaluations be conducted.
(2) Evaluations required by paragraph (1) shall be conducted by
an organization or entity which is independent of the grantee
providing services supported under this subchapter. To assist in
conducting the evaluations required by paragraph (1), each grantee
shall develop a working relationship with a college or university
located in the grantee's State which will provide or assist in
providing monitoring and evaluation of services supported under
this subchapter unless no college or university in the grantee's
State is willing or has the capacity to provide or assist in
providing such monitoring and assistance.
(3) The Secretary may provide technical assistance with respect
to the conduct of evaluations required under this subsection to any
grantee which is unable to develop a working relationship with a
college or university in the applicant's State for the reasons
described in paragraph (2).
(c) Reports
Each grantee which receives funds for a demonstration project for
services under this subchapter shall make such reports concerning
its use of Federal funds as the Secretary may require. Reports
shall include, at such times as are considered appropriate by the
Secretary, the results of the evaluations of the services supported
under this subchapter.
(d) Notification of parents; "adult" defined
(1) A grantee shall periodically notify the Secretary of the
exact number of instances in which a grantee does not notify the
parents or guardians of a pregnant unemancipated minor under
subsection (a)(22)(B)(iii) of this section.
(2) For purposes of subsection (a)(22)(B)(iii) of this section,
the term "adult" means an adult as defined by State law.
(e) Submission of applications to Governor; comments by Governor
Each applicant shall provide the Governor of the State in which
the applicant is located a copy of each application submitted to
the Secretary for a grant for a demonstration project for services
under this subchapter. The Governor shall submit to the applicant
comments on any such application within the period of sixty days
beginning on the day when the Governor receives such copy. The
applicant shall include the comments of the Governor with such
application.
(f) Availability of core services
No application submitted for a grant for a demonstration project
for care services under this subchapter may be approved unless the
Secretary is satisfied that core services shall be available
through the applicant within a reasonable time after such grant is
received.