FY21 AGREEMENTS AND COMPLIANCE ASSURANCES RWPA.PDF
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Appendix A
FY 2021 AGREEMENTS AND COMPLIANCE ASSURANCES
Ryan White HIV/AIDS Program
Part A HIV Emergency Relief Grant Program
I, the Chief Elected Official of the Eligible Metropolitan Area or Transitional Grant Area
, (hereinafter referred to as the EMA/TGA) assure that:
Pursuant to Section 2602(a)(2)3, 4
The EMA/TGA will establish a mechanism to allocate funds and a Planning Council that
comports with section 2602(b).
Pursuant to Section 2602(a)(2)(B)
The EMA/TGA has entered into intergovernmental agreements with the Chief Elected
Officials of the political subdivisions in the EMA/TGA that provide HIV-related health
services and for which the number of AIDS cases in the last 5 years constitutes not less
than 10 percent of the cases reported for the EMA/TGA.
Pursuant to Section 2602(b)(4)
The EMA/TGA Planning Council will determine the size and demographics of the population
of people with HIV, as well as the size and demographics of the estimated population of
people with HIV who are unaware of their HIV status; determine the needs of such
population, and develop a comprehensive plan for the organization and delivery of health
and support services. The plan must include a strategy with discrete goals, a timetable, and
appropriate funding, for identifying people with HIV who do not know their HIV status,
making such individuals aware of their HIV status, and enabling such individuals to use the
health and support services. The strategy should particularly address disparities in access
and services among affected subpopulations and historically underserved communities.
Pursuant to Section 2603(c)
The EMA/TGA will comply with statutory requirements regarding the timeframe for obligation and
expenditure of funds, and will comply with any cancellation of unobligated funds.
Pursuant to Section 2603(d)
The EMA/TGA will make expenditures in compliance with priorities established by the
Planning Council/Planning Body.
Pursuant to Section 2604(a)
The EMA/TGA will expend funds according to priorities established by the Planning
Council/Planning Body, and for core medical services, support services, and administrative
expenses only.
3 All statutory references are to the Public Health Service Act, unless otherwise specified.
4 TGAs are exempted from the requirement related to Planning Councils, but must provide a process for
obtaining community input as described in section 2609(d)(1)(A) of the PHS Act. TGAs that have
currently operating Planning Councils are strongly encouraged to maintain that structure.
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Clint Hickman, Chairman
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Pursuant to Section 2604(c)
The EMA/TGA will expend not less than 75 percent of service dollars for core medical
services, unless waived by the Secretary.
Pursuant to Section 2604(f)
The EMA/TGA will, for each of such populations in the eligible area expend, from the grants
made for the area under Section 2601(a) for a FY, not less than the percentage constituted
by the ratio of the population involved (infants, children, youth, or women in such area) with
HIV/AIDS to the general population in such area of people with HIV, unless a waiver from
this provision is obtained.
Pursuant to Section 2604(g)
The EMA/TGA has complied with requirements regarding the Medicaid status of providers,
unless waived by the Secretary.
Pursuant to Section 2604(h)(2), Section 2604(h)(3), Section 2604(h)(4)
The EMA/TGA will expend no more than 10 percent of the grant on administrative costs
(including Planning Council or planning body expenses), and in accordance with the
legislative definition of administrative activities, and the allocation of funds to subrecipients
will not exceed an aggregate amount of 10 percent of such funds for administrative
purposes.
Pursuant to Section 2604(h)(5)
The EMA/TGA will establish a CQM Program that meets HRSA requirements, and that
funding for this program shall not exceed the lesser of five percent of program funds or $3
million.
Pursuant to Section 2604(i)
The EMA/TGA will not use grant funds for construction or to make cash payments to
recipients.
Pursuant to Section 2605(a)
With regard to the use of funds,
a. funds received under Part A of Title XXVI of the Act will be used to supplement, not
supplant, state funds made available in the year for which the grant is awarded to
provide HIV related services to individuals with HIV disease;
b. during the period of performance, political subdivisions within the EMA/TGA will
maintain at least their prior FYâs level of expenditures for HIV related services for
individuals with HIV disease;
c. political subdivisions within the EMA/TGA will not use funds received under Part A in
maintaining the level of expenditures for HIV related services as required in the
above paragraph; and
d. documentation of this MOE will be retained.
Pursuant to Section 2605(a)(3)
The EMA/TGA will maintain appropriate referral relationships with entities considered key
points of access to the health care system for the purpose of facilitating EIS for individuals
diagnosed with HIV infection.
Pursuant to Section 2605(a)(5)
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The EMA/TGA will participate in an established HIV community based continuum of care, if
such continuum exists within the EMA/TGA.
Pursuant to Section 2605(a)(6)
Part A funds will not be used to pay for any item or service that can reasonably be expected
to be paid under any state compensation program, insurance policy, or any Federal or state
health benefits program (except for programs related to the Indian Health Service) or by an
entity that provides health services on a prepaid basis.
Pursuant to Section 2605(a)(7)(A)
Part A funded HIV primary medical care and support services will be provided, to the
maximum extent possible, without regard to a) the ability of the individual to pay for such
services or b) the current or past health conditions of the individuals to be served.
Pursuant to Section 2605(a)(7)(B)
Part A funded HIV primary medical care and support will be provided in settings that are
accessible to low-income individuals with HIV disease.
Pursuant to Section 2605(a)(7)(C)
A program of outreach services will be provided to low-income individuals with HIV disease
to inform them of the HIV primary medical care and support services.
Pursuant to Section 2605(a)(8)
The EMA/TGA has participated in the Statewide Coordinated Statement of Need (SCSN)
process initiated by the state, and the services provided under the EMA/TGA
comprehensive plan are consistent with the SCSN.
Pursuant to Section 2605(a)(9)
The EMA/TGA has procedures in place to ensure that services are provided by appropriate
entities.
Pursuant to Section 2605(a)(10)
The EMA/TGA will submit audits every 2 years to the lead state agency under Part B of Title
XXVI of the PHS Act.
Pursuant to Section 2605(e)
The EMA/TGA will comply with the statutory requirements regarding imposition of charges
for services.
Pursuant to Section 2681(d)
Services funded will be integrated with other such services, programs will be coordinated
with other available programs (including Medicaid), and that the continuity of care and
prevention services of individuals with HIV is enhanced.
Pursuant to Section 2684
No funds shall be used to fund AIDS programs, or to develop materials, designed to directly
promote or encourage intravenous drug use or sexual activity, whether homosexual or
heterosexual.
Signature
Date
C-86-20-005-3-01
Clint Hickman, Chairman
Board of Supervisors
FOR MARICOPA COUNTY:
APPROVED AS TO FORM:_____________________________
Attorney for County Date
ATTEST:___________________________________________
Office of the Clerk of the Board Date