42 U.S.C. § 1396c — Operation of State plans
submitted 91 years ago by Pub. L. 89-97 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 159 words · no verdicts yet
The Secretary may stop or limit Federal payments to a State when its Medicaid plan no longer complies with the law or is not being substantially followed. Payments resume or expand when the Secretary is satisfied that the failure has ended.
After giving reasonable notice and an opportunity for a hearing to the State* agency that administers or supervises the approved plan, the Secretary* must act if either condition applies: (1) the plan has changed so that it no longer complies with section 1396a; or (2) the plan is not being substantially followed. The Secretary must notify the agency that further payments will stop, or, in the Secretary’s discretion, that payments will be limited to categories or parts of the plan not affected by the failure. The Secretary must keep payments stopped or limited until satisfied that the failure to comply will no longer occur.
If the Secretary*, after reasonable notice and opportunity for hearing to the State* agency administering or supervising the administration* of the State plan approved under this subchapter, finds—
that the plan has been so changed that it no longer complies with the provisions of section 1396a of this title; or
that in the administration of the plan there is a failure to comply substantially with any such provision;
the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure), until the Secretary is satisfied that there will no longer be any such failure to comply. Until he is so satisfied he shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure).
Source credit: (Aug. 14, 1935, ch. 531, title XIX, § 1904, as added Pub. L. 89–97, title I, § 121(a), July 30, 1965, 79 Stat. 351.)
- 1935Enacted · Pub. L. 89-97 · 79 Stat. 351
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-97 on 1935-08-14.
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