42 U.S.C. § 300l — Requirement of matching funds

submitted 82 years ago by Pub. L. 101-354 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 303 words · no verdicts yet

in plain englishAI-generated · not legal advice

States must contribute at least $1 for every $3 in federal cancer-screening grant money. This match can be cash or in-kind, like equipment or services, but not federally funded amounts. Only contributions above the state's recent average count, though relevant Medicaid spending can be included.

(a) The matching requirement: The Secretary can't give a state a grant under section 300k unless the state agrees to put up its own money — or an in-kind contribution described in subsection (b) — toward the program's costs, worth at least $1 for every $3 of federal grant money. The state's contribution can come directly from the state or from donations by public or private groups. (b) Figuring out the contribution's value: A state's non-federal contribution can be cash or fairly valued in-kind help, including equipment or services, but not indirect or overhead costs. Money that comes from the federal government, or services the federal government significantly subsidizes, don't count toward this contribution. The Secretary can only count non-federal contributions above the average amount the state was already spending on section 300k purposes during the 2 years before the state's first year applying for a grant — so a state can't just count money it was spending anyway. On top of that, subject to those same rules, the Secretary must count any non-federal Medicaid spending the state directs toward the screening and treatment-referral purposes in section 300k(a)(1) and (2).

the actual law source: uscode.house.gov ↗public domain

(a) In general

The Secretary may not make a grant under section 300k of this title unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purpose described in such section, to make available non-Federal contributions (in cash or in kind under subsection (b)) toward such costs in an amount equal to not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities.

(b) Determination of amount of non-Federal contribution

(1) In general

Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.

(2) Maintenance of effort

In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State involved toward the purpose described in section 300k of this title for the 2-year period preceding the first fiscal year for which the State is applying to receive a grant under such section.

(3) Inclusion of relevant non-Federal contributions for medicaid

In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary shall, subject to paragraphs (1) and (2) of this subsection, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] by the State involved toward the purpose described in paragraphs (1) and (2) of section 300k(a) of this title.

Source credit: (July 1, 1944, ch. 373, title XV, § 1502, as added Pub. L. 101–354, § 2, Aug. 10, 1990, 104 Stat. 410.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 101-354 · 104 Stat. 410

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-354 on 1944-07-01.

all 0 arguments · sorted by: best

no arguments yet — make the first case