This organization shall be known as the Metropolitan Washington Regional Ryan White Planning Council (hereinafter "Planning Council"). The Planning Council shall be responsible for community planning related to HIV/AIDS care funded by Ryan White Part A for a federally defined Eligible Metropolitan Area (EMA) that encompasses the following legal jurisdictions: the District of Columbia, five counties located in Suburban Maryland (Charles, Calvert, Frederick, Montgomery, and Prince George’s), 11 counties (Arlington, Clarke, Culpeper, Fairfax, Fauquier, King George, Loudon, Prince William, Spotsylvania, Stafford, and Warren), and six cities (Alexandria, Fairfax, Falls Church, Fredericksburg, Manassas, and Manassas Park) in Northern Virginia, and two counties in West Virginia (Berkeley and Jefferson).
The duties of the Planning Council are as follows:
A. Determine the size and demographics of the population of individuals with HIV/AIDS, and determine the needs of this population, with special attention to individuals with HIV/AIDS who know their HIV status and are not receiving HIV-related services, individuals with HIV/AIDS who do not know their status, and disparities in access and services among affected subpopulations and historically underserved communities. This includes establishing methods for obtaining input on community needs and priorities.
B. Establish priorities for the allocation of Ryan White Part A funds in each of the Legal Jurisdictions within the EMA, including how best to meet each such priority and additional factors that a grantee should consider in allocating funds. This includes approving reallocation of funds by the grantee or administrative agent as required during the year, based on policies established by the Planning Council.
C. Develop a comprehensive plan for the organization and delivery of eligible health services as described in section 2604 of the Ryan White legislation that is compatible with any existing state or local plan.
D. Assess the efficiency of the administrative mechanism in rapidly allocating Ryan White Part A funds to the areas of greatest need within the EMA, including, but not limited to, the assessment and evaluation of the quality and appropriateness and documentation of services being provided, length of time between receipt of funds by the administrative agent for the District of Columbia and disbursement to the administrative agents for each legal jurisdiction, length of time between receipt of funds by the administrative agent for each legal jurisdiction and disbursement to providers, and the efficiency and effectiveness of the procurement process.
E. Participate in the development of the statewide coordinated statement of need initiated by the State public health agencies responsible for administering grants under part B in each EMA jurisdiction.
F. Coordinate with Federal grantees that provide HIV-related services within the eligible area.
The Planning Council shall have at least 30 and not more than 39 members, including the Chair and any ex officio government voting member appointed by the Mayor for a maximum of 39 voting members. No individual may vote at full Planning Council meetings until he or she has been sworn in by the Mayor.
A minimum of 33% of the Planning Council shall be individuals who are receiving HIV-related services funded under Part A of the Ryan White legislation and who are not affiliated with a Part A-funded provider.
At a minimum, Planning Council membership shall include representation of the following groups, as specified in the Ryan White legislation:
a. Health care providers (including federally qualified health centers);
b. Community-Based Organizations serving affected populations and AIDS service organizations;
c. Social service providers, including providers of housing and homeless services;
d. Mental health and substance abuse providers;
e. Local public health agencies;
f. Hospital planning agencies or health care planning agencies;
g. Affected communities, including people with HIV/AIDS, members of a Federally recognized Indian tribe as represented in the population, individuals co-infected with hepatitis B or C, and historically underserved groups and subpopulations;
h. Non-elected community leaders (especially representatives from communities or populations most impacted by HIV/AIDS, based on social and geographic distribution);
i. Representatives of State government, including at least one representative of a State Medicaid agency and one representative of an agency administering the program under Part B in the District of Columbia or a state within the EMA;
j. Part C grantees;
k. Part D grantees or organizations with a history of serving children, youth, women, and families living with HIV and operating in the area;
l. Grantees under other Federal HIV programs, including but not limited to providers of HIV prevention services.
m. Individuals or representatives of individuals who formerly were Federal, State, or local prisoners, were released from the custody of the penal system during the preceding 3 years, and had HIV/AIDS as of the date on which the individuals were so released.
Planning Council membership by a representative from each of the following, if present in the EMA, is expected:
1) A representative of each of the following types of grantees funded under Part F: Special Projects of National Significance (SPNS), AIDS Education and Training Centers (AETCs), and HIV/AIDS Dental Reimbursement Program,
2) The Housing Opportunities for Persons With AIDS (HOPWA) program of the U.S. Department of Housing and Urban Development (HUD), and
3) Other Federal programs if they provide treatment for HIV disease, such as the Veterans Health Administration.
To be eligible to serve on the Planning Council as an individual, not an agency representative (such as a non-elected community leader, member of the affected community, or a recently incarcerated person), a person must live within the EMA. An individual who serves as the representative of a nonprofit organization or a local public agency must work for an agency that has offices within the EMA and must spend the majority of his/her time working in the EMA. A representative of a State agency (such as Medicaid or the Part B program) serves based on his/her position with the State agency, and need not live or work in the EMA.
The term of office for Planning Council members shall be as specified by the Mayor. Use of staggered terms that ensure only 33%-50% of member terms expire in any given year will ensure optimal Council performance of its duties. Terms of current members continue until their replacements are appointed and sworn in by the Mayor