H.R. 7385

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7385 Introduced in House (IH)]

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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.
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