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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 300ff87 Severity of need index us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 300ff87 42 U.S.C. § 300ff87 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s300ff87 data/legal/raw/us/code/title-42/usc42.xml 888fc4ec61ffec7b78606c3c7c0b07c3b5fa4c97ab6b5f904102b2358d55ecd9 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 2e9e91c21ba590060b49fdb594596576d3fca4069b89c842c8ce4c8df346d363 2026-07-04 official
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42 U.S.C. § 300ff87 - Severity of need index

Text

(a) Development of index Not later than September 30, 2008, the Secretary shall develop and submit to the appropriate committees of Congress a severity of need index in accordance with subsection (c).

(b) Definition of severity of need index In this section, the term “severity of need index” means the index of the relative needs of individuals within a State or area, as identified by a number of different factors, and is a factor or set of factors that is multiplied by the number of living HIV/AIDS cases in a State or area, providing different weights to those cases based on needs. Such factors or set of factors may be different for different components of the provisions under this subchapter.

(c) Requirements for Secretarial submission When the Secretary submits to the appropriate committees of Congress the severity of need index under subsection (a), the Secretary shall provide the following:

(1) Methodology for and rationale behind developing the severity of need index, including information related to the field testing of the severity of need index.

(2) An independent contractor analysis of activities carried out under paragraph (1).

(3) Information regarding the process by which the Secretary received community input regarding the application and development of the severity of need index.

(d) Annual reports If the Secretary fails to submit the severity of need index under subsection (a) in either of fiscal years 2007 or 2008, the Secretary shall prepare and submit to the appropriate committees of Congress a report for such fiscal year—

(1) that updates progress toward having client level data;

(2) that updates the progress toward having a severity of need index, including information related to the methodology and process for obtaining community input; and

(3) that, as applicable, states whether the Secretary could develop a severity of need index before fiscal year 2009.

(July 1, 1944, ch. 373, title XXVI, § 2687, as added and amended Pub. L. 109415, title V, § 501, title VII, § 703, Dec. 19, 2006, 120 Stat. 2814, 2820; Pub. L. 11187, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

Notes

Editorial Notes

Prior ProvisionsA prior section 300ff87, act July 1, 1944, ch. 373, title XXVI, § 2687, as added Pub. L. 101381, title IV, § 411(a), Aug. 18, 1990, 104 Stat. 627, related to limitations with respect to duties of medical facilities, prior to the general amendment of this part by Pub. L. 109415.

Amendments2009—Pub. L. 11187 repealed Pub. L. 109415, § 703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below. 2006—Pub. L. 109415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 11187, § 2(a)(1), effective Sept. 30, 2009.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment; Revival of SectionFor provisions that repeal by section 2(a)(1) of Pub. L. 11187 of section 703 of Pub. L. 109415 be effective Sept. 30, 2009, and that the provisions of this section as in effect on Sept. 30, 2009, be revived, see section 2(a)(2), (3)(A) of Pub. L. 11187, set out as a note under section 300ff11 of this title.