Sec. 7. Pre-exposure prophylaxis and post-exposure prophylaxis funding

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Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ), as amended by section 5, is further amended by adding at the end the following: Not later than 1 year after the date of the enactment of the PrEP Access and Coverage Act of 2023 , 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.

To be eligible to receive a grant under subsection (a), a State, territory, Indian Tribe, or directly eligible entity shall— submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan describing how any funds awarded will be used to increase access to PrEP for uninsured and underinsured individuals and reduce disparities in access to PrEP and PEP for uninsured and underinsured individuals and reduce disparities in access to PrEP and PEP; and appoint a PrEP and PEP grant administrator to manage the program.

For purposes of this section, the term directly eligible entity — means a Federally qualified health center or other nonprofit entity engaged in providing PrEP and PEP information and services; and may include— a Federally qualified health center (as defined in section 1861(aa)(4) of the Social Security Act); a family planning grantee (other than States) funded under section 1001; a rural health clinic (as defined in section 1861(aa)(2) of the Social Security Act); a health facility operated by or pursuant to a contract with the Indian Health Service; a community-based organization, clinic, hospital, or other health facility that provides services to individuals at risk for or living with HIV; and a nonprofit private entity providing comprehensive primary care to populations at risk of HIV, including faith-based and community-based organizations.

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. 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. The Secretary shall publish a list of expenses that qualify as eligible PrEP and PEP expenses for purposes of this section, which shall include— any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, laboratory and other diagnostic procedures 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; outreach and public education activities 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; outreach activities directed toward physicians and other providers that provide education about PrEP and PEP; and adherence services and counseling, including personnel costs for PrEP navigators to retain patients in care. 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. To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2029. .

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42 USC 280g

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Sec. 7

Pre-exposure prophylaxis and post-exposure prophylaxis funding

Cite42 USC 280g

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