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42 U.S.C. § 18043Funding for the territories

submitted 16 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 361 words · no verdicts yet

in plain englishAI-generated · not legal advice

Territories that build their own Exchange by the required deadline get federal funding to help residents pay premiums and cost-sharing, drawn from $1 billion set aside for 2014 through 2019, with $925 million reserved for Puerto Rico. Territories that do not build an Exchange instead get a higher federal payment cap under a different Social Security Act provision.

(a) In general A U.S. territory that chooses, under the rules below, to set up its own Exchange, and actually builds one, is treated like a state for that purpose and gets paid from the money set aside for territories. A territory that does not make that choice instead gets a bigger dollar cap under a different Social Security Act provision covering certain federal payments; that bigger cap does not count when figuring other amounts under those same provisions. (b) Terms and conditions A territory's choice to build its own Exchange only counts if it follows the rules in section 18041 and the territory notifies the Secretary by October 1, 2013. The territory must also sign an agreement with the Secretary requiring that: the money only goes to help residents pay premiums and cost-sharing for coverage bought through the Exchange; and that help must be structured so there is no gap in assistance between the income level where Medicaid stops and the income level where this premium and cost-sharing help starts. (c) Appropriation and allocation $1,000,000,000 is appropriated from the Treasury, available from 2014 through 2019, for these payments. The Secretary must divide this money among the territories as follows: $925,000,000 for Puerto Rico, and a $75,000,000 share for the other territories, split as the Secretary decides.
the actual law source: uscode.house.gov ↗public domain
(a) In general

A territory that—

(1)

elects consistent with subsection (b) to establish an Exchange in accordance with part B of this subchapter and establishes such an Exchange in accordance with such part shall be treated as a State for purposes of such part and shall be entitled to payment from the amount allocated to the territory under subsection (c); or

(2)

does not make such election shall be entitled to an increase in the dollar limitation applicable to the territory under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) for such period in such amount for such territory and such increase shall not be taken into account in computing any other amount under such subsections.

(b) Terms and conditions

An election under subsection (a)(1) shall—

(1)

not be effective unless the election is consistent with section 18041 of this title and is received not later than October 1, 2013; and

(2)

be contingent upon entering into an agreement between the territory and the Secretary that requires that—

(A)

funds provided under the agreement shall be used only to provide premium and cost-sharing assistance to residents of the territory obtaining health insurance coverage through the Exchange; and

(B)

the premium and cost-sharing assistance provided under such agreement shall be structured in such a manner so as to prevent any gap in assistance for individuals between the income level at which medical assistance is available through the territory’s Medicaid plan under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] and the income level at which premium and cost-sharing assistance is available under the agreement.

(c) Appropriation and allocation
(1) Appropriation

Out of any funds in the Treasury not otherwise appropriated, there is appropriated for purposes of payment pursuant to subsection (a) $1,000,000,000, to be available during the period beginning with 2014 and ending with 2019.

(2) Allocation

The Secretary shall allocate the amount appropriated under paragraph (1) among the territories for purposes of carrying out this section as follows:

(A)

For Puerto Rico, $925,000,000.

(B)

For another territory, the portion of $75,000,000 specified by the Secretary.

Source credit: (Pub. L. 111–148, title I, § 1323, as added Pub. L. 111–152, title I, § 1204(a), Mar. 30, 2010, 124 Stat. 1055.)

history & why it existsrecord from the source credit
  • 2010Enacted · Pub. L. 111-148 · 124 Stat. 1055

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 2010-03-30.

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