42 U.S.C. § 300n — Additional required agreements

submitted 82 years ago by Pub. L. 101-354 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 806 words · no verdicts yet

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The Secretary can't give a state a grant under section 300k unless the state agrees to several conditions. States must prioritize low-income women, offer services statewide, and charge fees on a public, income-based scale that spares the poorest women. States must also avoid duplicate payments, cap administrative costs at 10 percent, skip inpatient hospital care, keep proper financial records, and report back to the Secretary.

(a) Priority for low-income women. The Secretary won't fund a state's grant unless the state agrees to give low-income women priority for the services described in section 300k(a)(1) and (2). (b) Limitation on imposition of fees for services. If the state charges anything for services under the grant, the state must agree that any charge: (1) follows a public fee schedule; (2) adjusts based on the woman's income; and (3) is never charged to a woman earning under 100 percent of the federal poverty line. (c) Statewide provision of services. (1) The state must agree to offer these services everywhere in the state, including to members of Indian tribes and tribal organizations. (2) The Secretary may excuse a state from this requirement if following it would waste resources. (3)(A) The Secretary, through the CDC Director, may instead give grants directly to tribes and tribal organizations for the same purpose — this subchapter applies to those grants the same way it applies to state grants. (B) If both a tribe and its state are getting grants, the state's statewide-coverage requirement toward that tribe counts as already waived. (d) Relationship to items and services under other programs. The state must agree not to use grant money to pay for anything already paid, or reasonably expected to be paid, by (1) a state compensation program, insurance, or a federal or state health benefits program, or (2) any entity providing prepaid health services. (e) Coordination with other breast and cervical cancer programs. The state must agree to coordinate its grant-funded services with other federal, state, and local breast and cervical cancer programs. (f) Limitation on administrative expenses. The state must agree to spend no more than 10 percent of the grant on administrative costs. (g) Restrictions on use of grant. The state must agree not to use the grant to pay for anyone's inpatient hospital care. (h) Records and audits. The state must agree that (1) it will set up proper financial controls and accounting to track how it spends the grant money, and (2) it will hand those records to the Secretary or the Comptroller General on request, for auditing. (i) Reports to Secretary. The state must agree to send the Secretary any reports the Secretary requires about the grant.

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

(a) Priority for low-income women

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that low-income women will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of section 300k(a) of this title.

(b) Limitation on imposition of fees for services

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge—

(1)

will be made according to a schedule of charges that is made available to the public;

(2)

will be adjusted to reflect the income of the woman involved; and

(3)

will not be imposed on any woman with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 9902(2) of this title.

(1) In general

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that services and activities under the grant will be made available throughout the State, including availability to members of any Indian tribe or tribal organization (as such terms are defined in section 5304 of title 25).

(2) Waiver

The Secretary may waive the requirement established in paragraph (1) for a State if the Secretary determines that compliance by the State with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in section 300k(a) of this title.

(3) Grants to tribes and tribal organizations

(A)

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to tribes and tribal organizations (as such terms are used in paragraph (1)) for the purpose of carrying out programs described in section 300k(a) of this title. This subchapter applies to such a grant (in relation to the jurisdiction of the tribe or organization) to the same extent and in the same manner as such subchapter applies to a grant to a State under section 300k of this title (in relation to the jurisdiction of the State).

(B)

If a tribe or tribal organization is receiving a grant under subparagraph (A) and the State in which the tribe or organization is located is receiving a grant under section 300k of this title, the requirement established in paragraph (1) for the State regarding the tribe or organization is deemed to have been waived under paragraph (2).

(d) Relationship to items and services under other programs

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service—

(1)

under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or

(2)

by an entity that provides health services on a prepaid basis.

(e) Coordination with other breast and cervical cancer programs

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that the services and activities funded through the grant shall be coordinated with other Federal, State, and local breast and cervical cancer programs.

(f) Limitation on administrative expenses

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant.

(g) Restrictions on use of grant

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that the grant will not be expended to provide inpatient hospital services for any individual.

(h) Records and audits

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that—

(1)

the State will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursal of, and accounting for, amounts received by the State under such section; and

(2)

upon request, the State will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller of the United States for purposes of auditing the expenditures by the State of the grant.

(i) Reports to Secretary

The Secretary may not make a grant under section 300k of this title unless the State involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant.

Source credit: (July 1, 1944, ch. 373, title XV, § 1504, as added Pub. L. 101–354, § 2, Aug. 10, 1990, 104 Stat. 412; amended Pub. L. 103–183, title I, § 101(d), Dec. 14, 1993, 107 Stat. 2228.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 101-354 · 104 Stat. 412
1993Amended · Pub. L. 103-183 · 107 Stat. 2228

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

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