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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7385 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7385
To direct the Secretary of Health and Human Services, acting through
the Director of the Centers for Disease Control and Prevention, to
establish a grant program related to pre-exposure prophylaxis, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2026
Mrs. Watson Coleman (for herself, Mr. Carson, Ms. Waters, Ms. Tlaib,
Ms. Sewell, Mr. Pocan, Ms. Norton, Ms. Moore of Wisconsin, Mr. Davis of
Illinois, Mr. Keating, Mr. Thompson of Mississippi, Ms. Ansari, and Ms.
Kelly of Illinois) introduced the following bill; which was referred to
the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Secretary of Health and Human Services, acting through
the Director of the Centers for Disease Control and Prevention, to
establish a grant program related to pre-exposure prophylaxis, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``PrEP Assistance Program Act''.
SEC. 2. PRE-EXPOSURE PROPHYLAXIS GRANT PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services, acting through
the Director of the Centers for Disease Control and Prevention (in this
section referred to as the ``Secretary'') and in collaboration with the
Administrator of the Health Resources and Services Administration,
shall establish a program that provides grants to eligible entities to
establish and support PrEP programs.
(b) Applications.--To be eligible to receive a grant under
subsection (a), an 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 description of how any
amounts awarded shall be used.
(c) Preference.--In making grants under this section, the Secretary
shall give preference to an eligible entity that demonstrates a record
of--
(1) serving communities with disproportionately high rate
of incidence for human immunodeficiency virus (in this section
referred to as ``HIV''), including individuals located in rural
communities, uninsured individuals, or individuals in
demographic groups at high risk of contracting HIV; or
(2) implementing innovative models to provide items or
services, including the use of vending machines, pop-up
clinics, and peer-led interventions.
(d) Amount.--Any grant provided to an eligible entity under this
section may not exceed $10,000,000.
(e) Use of Funds.--
(1) In general.--Any eligible entity that is awarded an
amount under subsection (a) shall use such amount for expenses
associated with establishing a PrEP program or supporting an
existing PrEP program.
(2) Eligible expenses.--The Secretary shall publish a list
of eligible expenses associated with establishing a PrEP
program or supporting an existing PrEP program. Such list shall
include--
(A) clinic and laboratory fees;
(B) office visits, including telehealth visits;
(C) PrEP medication;
(D) blood and urine testing as required in
association with the use of PrEP medication;
(E) sexually transmitted disease testing in
accordance with guidelines issued by the Centers for
Disease Control and Prevention;
(F) adherence services and counseling;
(G) outreach activities directed toward assisting
health professionals to become eligible to prescribe
pre-exposure prophylaxis medications in the State or
Indian Tribal government where the program is
operating;
(H) outreach activities directed toward physicians
that provide education about PrEP;
(I) peer navigation;
(J) case management;
(K) transportation support;
(L) mental health services; and
(M) other similar items or services.
(f) Payment for Services.--An individual that receives a service or
item from a PrEP program established or supported using amounts under
this section may not be required to provide payment for such service or
item.
(g) Matching.--
(1) In general.--Except with respect to an Indian Tribal
government, a grantee under this section shall contribute, to
the PrEP program established or supported by the grant, an
amount equal to not less than 10 percent of the amount of the
grant.
(2) Exception.--The Secretary may waive the requirement
under paragraph (1) for a Federally qualified health center,
rural health clinic, community-based organization, hospital-
based clinic, or university-based clinic if the Secretary
determines such a waiver is necessary.
(h) Report to Congress.--
(1) In general.--The Secretary shall, in each of the first
5 years beginning 1 year after the date of the enactment of
this Act, submit to Congress, and make public on the internet
website of the Department of Health and Human Services, a
report on the impact of grants provided to eligible entities
under this Act.
(2) Contents.--A report submitted under paragraph (1)
shall--
(A) include disaggregated data by race, gender
identity, age, and geographic location; and
(B) evaluate, with respect to the period covered by
the report, any reduction in--
(i) the disparity of the prevalence of PrEP
services provided within the demographics
described in this paragraph; and
(ii) the prevalence of PrEP.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act $400,000,000 for each of fiscal
years 2027 through 2031.
(j) Definitions.--In this Act:
(1) Community-based organization.--The term ``community-
based organization'' means a nonprofit or private organization
that--
(A) represents a community or significant segments
of a community;
(B) provides health care or health-related services
to high-risk or high-need individuals in a community;
and
(C) demonstrates effectiveness with respect to such
health care or health-related services.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a local government;
(C) an Indian Tribal government;
(D) a Federally qualified health center (as defined
in section 1861(aa) of the Social Security Act (42
U.S.C. 1395x(aa)));
(E) a rural health clinic (as defined in section
1861(aa) of the Social Security Act (42 U.S.C.
1395x(aa)));
(F) a community-based organization;
(G) a hospital-based clinic; or
(H) a university-based clinic.
(3) Indian tribal government.--The term ``Indian Tribal
government'' means the governing body of any Indian tribe (as
defined in section 102 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 5130)).
(4) PrEP program.--The term ``PrEP program'' means a
program designed to provide pre-exposure prophylaxis and pre-
exposure prophylaxis-related services to individuals.
(5) PrEP medication.--The term ``PrEP medication'' means
any medication approved by the Federal Drug Administration and
designed to prevent individuals at risk of contracting HIV from
contracting HIV.
(6) State.--The term ``State'' means each State of the
United States, the District of Columbia, Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
SEC. 3. REQUIRING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO
ESTABLISH A PROGRAM TO REIMBURSE HEALTH CARE PROVIDERS
FOR FURNISHING SPECIFIED HIV PREVENTION ITEMS AND
SERVICES TO UNINSURED INDIVIDUALS.
(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Secretary of Health and Human Services
shall establish a program under which--
(1) program-registered providers submit claims to the
Secretary with respect to the furnishing of specified HIV
prevention items and services to uninsured individuals;
(2) the Secretary, subject to the availability of
appropriations, pays each such provider for such items and
services in an amount established under subsection (b); and
(3) the Secretary provides for the development and
distribution of a card (or other technology), to be referred to
as a ``PrEP Pass'', that may be used by an uninsured individual
to assure access to specified HIV prevention items and services
from program-registered providers at no cost to such
individual.
(b) Payment Amount.--
(1) In general.--Subject to paragraph (2), the Secretary
shall establish a payment amount for each specified HIV
prevention item or service under the program under subsection
(a). The Secretary shall review such payment amount not less
frequently than once every 2 years.
(2) Laboratory tests.--In the case of a specified HIV
prevention item or service that is a clinical diagnostic
laboratory test covered under part B of title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.), the payment
amount for such test under the program under subsection (a)
shall be equal to the payment amount determined with respect to
such test under section 1834A of such Act.
(c) Definitions.--In this section:
(1) Specified hiv prevention items and services.--The term
``specified HIV prevention items and services'' means--
(A) any drug approved by the Federal Drug
Administration for the prevention of HIV, including any
such drug approved for use as pre-exposure prophylaxis
(commonly referred to as ``PrEP''), and administrative
fees for such drugs; and
(B) laboratory and other diagnostic procedures
associated with the use of such drugs that are
recommended in the most recent clinical practice
guidelines of the Centers for Disease Control and
Prevention.
(2) Program-registered provider.--The term ``program-
registered provider'' means a health care provider that--
(A) is licensed or otherwise authorized to furnish
a specified HIV prevention item or service in the State
in which such provider furnishes such item or service
under the program established under this section; and
(B) enters into an agreement with the Secretary
under which the provider agrees not to hold an
uninsured individual liable for the cost of specified
HIV prevention items and services with respect to which
a payment is made under subsection (a)(2).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, acting through the Administrator
of the Health Resources and Services Administration.
(4) Uninsured individual.--The term ``uninsured
individual'' means, with respect to an individual furnishing a
specified HIV prevention item or service, an individual who is
not enrolled in--
(A) a Federal health care program (as defined in
section 1128B(f) of the Social Security Act (42 U.S.C.
1320a-7b(f)));
(B) a group health plan or health insurance
coverage offered by a health insurance issuer in the
group or individual market (as such terms are defined
in section 2791 of the Public Health Service Act (42
U.S.C. 300gg-91)); or
(C) a health plan offered under chapter 89 of title
5, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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