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42 U.S.C. § 1397ee — Payments to States

submitted 91 years ago by Pub. L. 105-33 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 10,178 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section tells the Secretary how to pay States with approved child health plans, including how to calculate the enhanced FMAP and several special payments. It limits how funds may be used, protects certain eligibility rules, permits specified Medicaid and premium-assistance options, and creates a rural health transformation program for fiscal years 2026 through 2030.

(a) Payments

(1) In general. Subject to the rest of this section, the Secretary must pay each State with an approved plan, from the State’s allotment under section 1397dd, for each quarter an amount equal to the enhanced FMAP applied to that quarter’s covered expenditures. For translation or interpretation services under (D)(iv), the rate is the higher of 75 percent or the enhanced FMAP plus 5 percentage points. The covered expenditures are:

(A) Medical assistance under the plan for targeted low-income children when payment is made using the enhanced FMAP under the fourth sentence of section 1396d(b).

(B) The supplied text contains no substantive text for this subparagraph.

(C) Health-benefits coverage under the plan for targeted low-income children that meets section 1397cc.

(D) To the extent subsection (c) permits it:

(i) Other child health assistance for targeted low-income children.

(ii) Health-services initiatives under the plan that improve children’s health, including the health of targeted low-income children and other low-income children.

(iii) Outreach activities under section 1397bb(c)(1).

(iv) Translation or interpretation services needed for people whose primary language is not English to enroll in, stay enrolled in, or use services under this subchapter, when the Secretary finds them necessary for proper and efficient administration of the State plan.

(v) Other reasonable costs the State incurs to administer the plan.

(2) Order of payments. The State’s allotment must be used in this order: first, paragraph (1)(A) expenditures; second, paragraph (1)(B) expenditures; third, paragraph (1)(C) expenditures; and fourth, paragraph (1)(D) expenditures.

(3) Performance bonus payment to offset additional Medicaid and CHIP child-enrollment costs resulting from enrollment and retention efforts.

(A) In general. For each fiscal year from 2009 through 2013, in addition to paragraph (1) payments, the Secretary must pay a State that meets paragraph (4) an amount calculated under (B), using amounts available under (E). The Secretary must make the payment as one payment no later than the last day of the first calendar quarter of the next fiscal year.

(B) Amount for above-baseline Medicaid child-enrollment costs. The amount is the sum of:

(i) The number of first-tier above-baseline child enrollees under subchapter XIX, determined under (C)(i), multiplied by 15 percent of the State’s projected per-capita Medicaid expenditures, determined under (D).

(ii) The number of second-tier above-baseline child enrollees under subchapter XIX, determined under (C)(ii), multiplied by 62.5 percent of those projected per-capita State Medicaid expenditures.

(C) Number of first- and second-tier above-baseline child enrollees; baseline number.

(i) First tier. The number is the monthly average unduplicated number of qualifying children enrolled during the fiscal year under the State’s subchapter XIX plan, minus the baseline number in (iii), if positive, but it cannot exceed 10 percent of that baseline.

(ii) Second tier. The number is the monthly average unduplicated number of those qualifying children minus the baseline number plus the maximum first-tier number, if positive.

(iii) Baseline. Subject to (H), the baseline is calculated as follows. For 2009, start with the monthly average unduplicated number of qualifying children enrolled in 2007, add the Census Bureau’s estimated child-population growth from 2007 to 2008 plus 4 percentage points, and then add the growth from 2008 to 2009 plus 4 percentage points. For 2010, 2011, and 2012, use the prior year’s baseline and add the estimated child-population growth from the calendar year in which the fiscal year begins to the next calendar year, plus 3.5 percentage points. For 2013, 2014, and 2015, use the prior baseline and add that growth plus 3 percentage points. For any later fiscal year, use the prior baseline and add that growth plus 2 percentage points.

(D) Projected per-capita State Medicaid expenditures. Start with the average per-capita expenditures, including State and Federal shares, for children under the State’s subchapter XIX plan and waivers, excluding children eligible because they receive subchapter XVI benefits. Use the most recent fiscal year with actual data, as the Secretary determines. Increase that amount for each later fiscal year through the fiscal year involved by the annual percentage increase in per-capita National Health Expenditures estimated by the Secretary for the calendar year in which that later fiscal year ends. Then multiply by the State matching percentage: 100 percent minus the Federal medical assistance percentage for the fiscal year involved.

(E) Amounts available.

(i) Initial appropriation. The Treasury appropriates $3,225,000,000 for fiscal year 2009, available until spent, for these payments.

(ii) Transfers. Without a fiscal-year limit, the following are also available:

(I) Unobligated national allotment. For fiscal years 2009 through 2012, as of December 31 of each year, this includes any part of that year’s subsection (a) appropriation that has not been obligated for State allotments under subsection (m) or set aside under section 1397kk(a)(3) or (b)(2). For the first half of fiscal year 2013, as of December 31, it includes any unobligated part of the appropriations under subsection (a)(16)(A) and section 108 of the Children’s Health Insurance Reauthorization Act of 2009 for October 1, 2012, through March 31, 2013, that was not allotted or set aside under section 1397kk(b)(2). For the second half of 2013, as of June 30, it includes any unobligated part of subsection (a)(16)(B) funds for April 1 through September 30, 2013, that was not allotted or set aside under section 1397kk(b)(2).

(II) Unexpended allotments not used for redistribution. As of November 15 in 2010 through 2013, this includes State allotments for the second preceding fiscal year that were not spent or redistributed under section 1397dd(f) during their obligation period. For fiscal-year 2006, 2007, and 2008 allotments, use the third preceding fiscal year.

(III) Excess contingency funds. As of October 1 in 2010 through 2013, this includes any amount above the Child Enrollment Contingency Fund’s aggregate cap under section 1397dd(n).

(iii) Proportional reduction. If the amount otherwise payable for a fiscal year is greater than the amount available, each State’s payment must be reduced proportionally.

(F) Qualifying children.

(i) Generally, this means children meeting the income, categorical-eligibility, age, immigration-status, and other eligibility criteria in effect on July 1, 2008, for enrollment under subchapter XIX, including criteria applied under a section 1315 waiver.

(ii) A child receiving medical assistance during presumptive eligibility counts only if the child is later found eligible for subchapter XIX assistance.

(iii) The term excludes children for whom the State elected to provide assistance under section 1396b(v)(4), and children enrolled on or after October 1, 2013.

(G) The rule in section 1397dd(n)(3)(G) for commonwealths and territories applies to payments under this paragraph in the same way it applies to payments under that section.

(H) For a State providing coverage under section 115 of the Children’s Health Insurance Program Reauthorization Act of 2009 after fiscal year 2008, children enrolled through that election are ignored when calculating the monthly average during the first three fiscal years of the election. After those three years, the baseline for the State uses the monthly average of qualifying children enrolled during the third year.

(4) Enrollment and retention provisions for children. A State satisfies the condition for a fiscal year if it implements at least five of the following provisions, with each letter counting separately, throughout the entire fiscal year:

(A) Continuous eligibility. The State provides 12 months of continuous eligibility to all children under 19 described in section 1396a(e)(12) under subchapter XIX and applies the same policy under its State child health plan.

(B) More flexible asset rules. The State either (i) uses no asset or resource test for children under subchapter XIX or this subchapter, or (ii) lets a parent or caretaker relative declare and sign, under penalty of perjury, family-asset information and verifies assets by means other than demanding documents, except for discrepancies or other justified cases.

(C) No required in-person application or interview. The State does not require an in-person application or face-to-face interview for an initial or renewal application, unless discrepancies or individual circumstances justify one.

(D) One Medicaid/CHIP application. The application, any supplemental forms, and the information-verification process are the same for establishing and renewing eligibility under subchapter XIX and this subchapter.

(E) Automatic renewal. (i) For renewal, the State sends a preprinted form based on its information and tells the parent or caretaker relative that eligibility will continue on that information unless the State receives different information. The State may verify the information electronically or by other means. (ii) The State also satisfies this requirement if it renews eligibility without an in-person interview unless it lacks enough information and cannot obtain it from other sources, including other State agencies, without the applicant or the applicant’s parent or caretaker relative.

(F) Presumptive eligibility. The State implements section 1396r-1a under subchapter XIX and, under section 1397gg(e)(1), under this subchapter.

(G) Express Lane. The State implements section 1396a(e)(13) under subchapter XIX and, under section 1397gg(e)(1), under this subchapter.

(H) Premium-assistance subsidies. The State implements the option under subsection (c)(10) or section 1396e-1.

(b) Enhanced FMAP. For a State and fiscal year, the enhanced FMAP starts with the State’s Federal medical assistance percentage under the first sentence of section 1396d(b). Add 30 percent of the percentage-point difference between that percentage and 100 percent. The result cannot exceed 85 percent. From October 1, 2015, through September 30, 2019, add 23 percentage points to the enhanced FMAP; from October 1, 2019, through September 30, 2020, add 11.5 percentage points. During those periods the result cannot exceed 100 percent. The increases just described do not apply when determining payments for (a)(1)(D)(iv), (c)(8), (c)(9), (c)(11), or clause (4) of the first sentence of section 1396d(b).

(c) Limitation on certain payments for certain expenditures.

(1) General limitations. State funds under this subchapter may be used only for this subchapter’s purposes, as described in section 1397aa, or for the rural health transformation program in subsection (h). Except for subsection (h) funds, they may not cover a nonpregnant childless adult. Coverage may include abortion only when necessary to save the mother’s life or when the pregnancy resulted from rape or incest. A caretaker relative, as defined for section 1396u-1, is not treated as a childless adult.

(2) Non-Medicaid or non-health-insurance expenditures.

(A) Generally, paragraph (1)(D) expenditures may not receive more than 10 percent of the total amount spent under (a)(1)(A), (C), and (D).

(B) The Secretary may waive that limit if the State shows that the coverage meets section 1397cc, costs no more per child on average than the coverage that section would otherwise provide, and is delivered through a community-based system, such as contracts with section 254b health centers or hospitals receiving specified disproportionate-share adjustments.

(C) The limit does not apply to: (i) outreach and enrollment of Indian children for this subchapter or subchapter XIX, including activities under section 1320b-9(a); (ii) expenditures needed to meet (9)(A); (iii) outreach for premium-assistance subsidies to families and likely employers, limited to 1.25 percent of the maximum otherwise permitted under (A); or (iv) expenses for administering payment-error-rate measurement (PERM) requirements under the cited federal statutes, regulations, or successor guidance.

(3) Family-coverage purchase. Payment for family coverage that includes targeted low-income children is allowed only if the State shows to the Secretary that it is cost-effective compared with the State child health plan’s comparable coverage costs, including administration, for the child or family, or for all such children or families, and that the coverage will not substitute for coverage the plan would otherwise provide to those children.

(4) Non-Federal matching funds. Federal money, or services significantly assisted or subsidized by Federal money, cannot count toward the non-Federal contribution required under subsection (a).

(5) Premium and cost-sharing receipts. The plan’s expenditures for subsection (a) purposes must be reduced by premiums and other cost-sharing the State receives.

(6) No duplicate payments.

(A) Other health plans. No payment is made for assistance that a private insurer would have had to provide, but for a contract term limiting or excluding that duty because the person is eligible for or receives plan assistance. “Private insurer” is defined by Secretary regulation and includes a group health plan, service-benefit plan, and health maintenance organization.

(B) Other Federal programs. Except for the provisions referenced in (a)(1)(A) and (B), or another law, no payment is made when payment has been made or can reasonably be expected promptly under another federally operated or financed health-insurance program identified by the Secretary, except an Indian Health Service program. Rules like section 1396b(d)(2) overpayment rules apply.

(7) Abortion.

(A) No payment may cover an abortion or help buy coverage that includes abortion.

(B) The prohibition does not apply when the abortion is necessary to save the mother’s life or the pregnancy resulted from rape or incest.

(C) This section does not affect a State, locality, private person, or private entity spending State, local, or private funds outside the State plan for abortion or coverage that includes abortion.

(8) Children above 300 percent of poverty.

(A) For fiscal years beginning in 2009, use the ordinary FMAP under section 1396d(b), without its clause (4), instead of the enhanced FMAP for assistance or coverage for a targeted low-income child whose effective family income would exceed 300 percent of poverty but for a general exclusion of a block of income not based on expense or income type.

(B) This substitution does not apply to a State that on February 4, 2009, had an approved plan amendment or waiver for that coverage, or had enacted a law to submit such an amendment.

(9) Citizenship documents.

(A) No payment is made for a person who declared United States citizenship or nationality to establish eligibility unless the State meets section 1396a(a)(46)(B)’s requirements for that person.

(B) Despite (b), the enhanced FMAP for expenses under section 1396b(a)(3)(G)(i) or (ii) needed to meet (A) cannot be below 90 percent or 75 percent, respectively.

(10) State premium-assistance option.

(A) A State may offer a premium-assistance subsidy to all eligible targeted low-income children who can access qualified employer-sponsored coverage if the subsidy is cost-effective under paragraph (3)(A). The child or parent must choose it voluntarily; the State cannot require that choice as a condition of child health assistance.

(B) Qualified employer-sponsored coverage. Subject to (ii), this means an employer group plan or health insurance that (I) is creditable group-plan coverage under section 2701(c)(1) of the Public Health Service Act; (II) has an employer contribution of at least 40 percent of any premium; and (III) is offered to all people under a nondiscriminatory eligibility classification under Internal Revenue Code section 105(h)(3)(A)(ii), without applying that provision’s clause (i). (ii) It excludes health flexible-spending-arrangement benefits and a high-deductible health plan, whether or not bought with a health savings account.

(C) Premium-assistance subsidy. (i) For a child, it is the employee contribution for employee-and-child enrollment minus the employee-only contribution, less applicable State-plan premium cost-sharing. The total employee-and-child contribution must count toward the annual aggregate cost-sharing limit in section 1397cc(e). (ii) The State may reimburse the employee or pay the employer directly. (iii) An employer may opt out of direct payment. Then it withholds the full employee-and-child contribution and the State pays the subsidy to the employee. (iv) These subsidy expenses are child health assistance under (a)(1)(C).

(D) The State is the secondary payer for items and services covered by the employer plan for which the State plan provides assistance.

(E) Supplemental coverage. (i) Despite section 1397jj(b)(1)(C), the State must provide each child enrolled in the employer coverage with supplemental coverage for items or services not covered or only partly covered by that coverage, plus cost-sharing protection consistent with section 1397cc(e). (ii) The State may directly pay the employer-plan cost-sharing and may collect all, part, or none of it from the parent.

(F) Any State-plan waiting period applies equally before the subsidy begins.

(G) The State must let a parent disenroll the child from employer coverage and enroll the child in the State plan starting the first day of any month when the child is eligible, while maintaining continuity of coverage.

(H) If the State covers parents under section 1397kk(b), it may offer a subsidy to an eligible parent in the same way. The subsidy may be increased for the parent’s enrollment, or, if cost-effective, the family’s enrollment. References to a child then include the parent or family as applicable.

(I) Employer-family pool. (i) A State may create a purchasing pool for employers with fewer than 250 employees that have at least one employee who is a pregnant woman eligible under the State plan, including through section 1397ll(f), or a family member with at least one targeted low-income child. The State may provide subsidies for coverage through the pool. (ii) A State choosing this option must identify and offer at least two private health plans equivalent to the benefits in a section 1397cc(b) benchmark package or compliant benchmark-equivalent coverage. (iii) This does not authorize payment for pool establishment or operation unless otherwise allowed under this subchapter.

(J) This paragraph does not limit premium assistance under sections 1396e or 1396e-1, the waivers referenced in (2)(B) or (3), a section 1315 waiver, or authority in effect before February 4, 2009.

(K) Notice. A State offering subsidies must put notice of their availability on child-assistance applications and enrollment forms, explain the subsidies and how to choose them during application and enrollment, and establish procedures to make parents fully aware of State-plan and subsidy choices.

(L) For employer coverage certified by an actuary as equivalent to a section 1397cc(b) benchmark package or compliant benchmark-equivalent coverage, the State may provide subsidies in the same way without providing the supplemental benefits and cost-sharing protection required by (E).

(M) For a child receiving assistance through a subchapter XIX State plan who voluntarily chooses a subsidy, section 1396e-1 applies and overrides inconsistent provisions here.

(11) PERM. Despite (b), the enhanced FMAP for administering PERM requirements cannot be below 90 percent.

(12) COVID-19 vaccines. During the period in section 1396d(hh)(2), the enhanced FMAP is 100 percent for State-plan or waiver expenditures for a vaccine described in section 1396d(a)(4)(E), including its administration.

(d) Maintenance of effort.

(1) Medicaid eligibility standards. No payment is made if the State adopts income or resource standards or methods for children’s Medicaid eligibility that are more restrictive than those in effect June 1, 1997, except as section 1396a(e)(14) requires.

(2) State-funded children’s health insurance spending.

(A) Beginning in fiscal year 1999, reduce the State’s allotment by the amount, if any, by which its preceding-year children’s health insurance expenditures were below its fiscal-year-1996 expenditures.

(B) Those expenditures are: (i) the State share under this subchapter; (ii) the State share under subchapter XIX attributable to the enhanced FMAP under section 1396d(b)’s fourth sentence; and (iii) State spending for coverage under an existing comprehensive State program described in section 1397cc(d).

(3) Eligibility standards through September 30, 2029.

(A) From March 23, 2010, through September 30, 2029, as a condition of Medicaid payments under section 1396b(a), a State may not use child eligibility standards, methods, or procedures under its plan or waiver that are more restrictive than those in effect March 23, 2010. From October 1, 2019, through September 30, 2029, this protection applies only to children in families at or below 300 percent of the poverty line under section 1397jj(c)(5). The rule does not stop a State from using less restrictive rules; after September 30, 2015, enrolling eligible targeted low-income children in a Secretary-certified qualified health plan; or imposing a section 1397ll(b)(7) limit to keep plan spending within available Federal participation.

(B) If section 1397dd allotments cannot cover all eligible targeted low-income children, the State must screen them for Medicaid or waiver eligibility and enroll those found eligible. For those not eligible for Medicaid or its waiver, the State must ensure enrollment in a Secretary-certified qualified health plan offered through a State Exchange under section 18031. For premium-assistance eligibility under Internal Revenue Code section 36B and reduced cost-sharing under section 18071, those children are treated as ineligible for the State child health plan.

(C) By April 1, 2015, the Secretary must review each State’s Exchange qualified health plans for children’s benefits and cost-sharing and certify plans whose benefits and protections are at least comparable to the State child health plan.

(e) Advance payment; later adjustment. The Secretary may pay each quarter using the State’s advance expenditure estimates and any investigation the Secretary finds necessary. The Secretary may increase or reduce later payments to correct overpayments or underpayments for earlier quarters.

(f) Flexible claims. This section and section 1397dd(e) and (f) do not prevent a State from claiming in one quarter expenditures incurred in an earlier quarter.

(g) Qualifying States may use certain funds for Medicaid.

(1) State option.

(A) A qualifying State may elect to use up to 20 percent of an allotment for fiscal years 1998, 1999, 2000, 2001, 2004, 2005, 2006, 2007, or 2008, to the extent available under section 1397dd(e) and (g), for subchapter XIX payments instead of this subchapter’s expenditures. Paragraph (4) also applies.

(B) For a qualifying State making that election, the Secretary must pay each quarter, subject to available funds, the additional amount the State would have received under subchapter XIX for the expenditures in (ii) if the enhanced FMAP had replaced the ordinary FMAP. The expenditures are medical assistance after August 15, 2003, during the fund-availability period, for people under 19 whose family income exceeds 150 percent of poverty. If the State uses the payment for waiver expenditures, waiver budget-neutrality calculations ignore that payment.

(2) Qualifying State. This means a State that, on and after April 15, 1997, has an income-eligibility standard of at least 184 percent of poverty for one or more child categories other than infants eligible under section 1396a(a)(10)(A); or a specified State with a statewide section 1315 waiver first implemented August 1, 1994, July 1, 1995, January 1, 1994, or October 1, 1993, meeting the listed 185-percent standards. For the October 1, 1993, waiver, the State must also, on and after July 1, 1998, have at least a 185-percent standard under section 1396a(a)(10)(A) or such a waiver.

(3) Nothing in (1) or (2) changes requirements for State child health plans.

(4) For 2009 through 2029, a qualifying State may elect enhanced-rate payments from its allotment for expenditures after February 4, 2009, while funds remain available. The expenditures must provide Medicaid assistance to State residents under 19, or under 20 or 21 if the State elected that age, who qualify under a subchapter XIX plan or waiver and whose family income is at least 133 percent but no more than the Medicaid applicable income level. The payment equals the additional subchapter XIX amount that would result from substituting the enhanced FMAP for the ordinary FMAP.

(h) Rural health transformation program.

(1) Appropriation.

(A) The Treasury appropriates $10,000,000,000 for each fiscal year 2026, 2027, 2028, 2029, and 2030 to the CMS Administrator for State allotments for paragraph (6) activities.

(B) (i) Any amount still unspent or unobligated on October 1, 2032, must return to the Treasury. (ii) By March 31, 2028, and each year through March 31, 2032, the Administrator must identify prior-year funds that are unspent or unobligated, available under (A), and will not remain available to a State under (iii). (iii)(I) A State may spend an allotment through the end of the fiscal year after the allotment year. (II) Redistributed funds have the same period, except funds redistributed in 2032 are available only through September 30, 2032. (iv) If a State is not using funds consistently with its approved application, the Administrator may withhold or reduce payments or recover earlier payments. Withheld, reduced-remaining, or recovered amounts return to the Treasury.

(2) Application.

(A) To qualify, a State must apply during a period set by the Administrator ending no later than December 31, 2025. The application must include a detailed rural-health transformation plan to: (I) improve rural residents’ access to hospitals, providers, items, and services; (II) improve rural health outcomes; (III) prioritize emerging technology for prevention and chronic-disease management; (IV) build local and regional partnerships between rural hospitals and other providers for measurable quality improvement, financial stability, economies of scale, and shared best practices; (V) improve recruitment and training of clinicians; (VI) prioritize data- and technology-driven care as close to home as possible; (VII) address long-term financial solvency and rural-hospital operating models; and (VIII) identify causes of the increasing risk that standalone rural hospitals will close, convert, or reduce services. The application must also certify that these funds will not pay an expenditure attributable to an intergovernmental transfer, certified public expenditure, or other expenditure used to finance a required non-Federal share under any law, including this subchapter, subchapter XIX, or a waiver. It must include other information the Administrator requires.

(B) The Administrator must approve or deny every application by December 31, 2025.

(C) Approval is a one-time application. An approved State is eligible for allotments in every year 2026 through 2030, subject to (1)(B)(iv).

(D) Only the 50 States qualify. References to a State in this subsection mean only those 50 States.

(3) Allotments.

(A) For each year 2026 through 2030, the Administrator must determine each approved State’s allotment under (B).

(B) Of that year’s appropriation, 50 percent is divided equally among approved States. The other 50 percent is divided as the Administrator determines under (C).

(C) For the second half, the Administrator must ensure that at least one-quarter of approved States receive funds and must consider: (I) the percentage of the State’s population in a rural census tract of a metropolitan statistical area under the most recent Goldsmith Modification; (II) the State’s share of nationwide rural health facilities; (III) the State hospital situation described in section 1396a(a)(13)(A)(iv); and (IV) other appropriate factors.

(D) A “rural health facility” means: (i) a subsection (d) hospital that is in a rural area, treated as rural under section 1395ww(d)(8)(E), or in a rural census tract of a metropolitan statistical area under the Goldsmith Modification; (ii) a critical access hospital; (iii) a sole community hospital; (iv) a Medicare-dependent small rural hospital; (v) a low-volume hospital; (vi) a rural emergency hospital; (vii) a rural health clinic; (viii) a federally qualified health center; (ix) a community mental health center; (x) a health center receiving a section 254b grant; (xi) an opioid treatment program in a rural census tract of a metropolitan statistical area; or (xii) a certified community behavioral health clinic in such a tract. Each term has the definition in the cited provision.

(4) No matching payment. An approved State need not provide matching funds to receive an allotment.

(5) Terms and conditions. The Administrator may set appropriate terms, including: (A) requiring each State, at the specified time and in the specified form, to submit a plan using its allotment for at least three paragraph (6) activities and annual reports with additional required information; and (B) limiting administrative expenses to 10 percent of the State’s yearly allotment.

(6) Use of funds. A State must use its allotment for at least three of these activities: (A) measurable, evidence-based prevention and chronic-disease interventions; (B) provider payments for items or services the Administrator specifies; (C) consumer-facing technology for prevention and chronic-disease management; (D) training and technical help for technology-enabled rural-hospital care, including remote monitoring, robotics, artificial intelligence, and other advanced technology; (E) recruiting and keeping clinicians in rural areas with commitments to serve at least five years; (F) technical help, software, and hardware for major information-technology improvements, cybersecurity, efficiency, and patient outcomes; (G) helping communities right-size delivery systems by identifying needed preventive, ambulatory, pre-hospital, emergency, acute inpatient, outpatient, and post-acute services; (H) access to opioid-use-disorder, other substance-use-disorder, and mental-health services; (I) innovative care models, including value-based and alternative payment arrangements when appropriate; and (J) other uses the Administrator determines will promote sustainable access to high-quality rural health care.

(7) Paragraphs (2), (3), (5), (6), (8), (10), (11), and (12) of subsection (c) do not apply to payments under this subsection.

(8) No administrative or judicial review is available under section 1316 or otherwise for allotments or redistributions, withheld or reduced payments, or recovered payments under this subsection.

(9) For this subsection, “health care provider” means a provider or supplier enrolled under this subchapter, subchapter XVIII, or subchapter XIX.

the actual law source: uscode.house.gov ↗public domain
(a) Payments
(1) In general

Subject to the succeeding provisions of this section, the Secretary shall pay to each State with a plan approved under this subchapter, from its allotment under section 1397dd of this title, an amount for each quarter equal to the enhanced FMAP (or, in the case of expenditures described in subparagraph (D)(iv), the higher of 75 percent or the sum of the enhanced FMAP plus 5 percentage points) of expenditures in the quarter—

(A)

for child health assistance under the plan for targeted low-income children in the form of providing medical assistance for which payment is made on the basis of an enhanced FMAP under the fourth sentence of section 1396d(b) of this title;

(B)
(C)

for child health assistance under the plan for targeted low-income children in the form of providing health benefits coverage that meets the requirements of section 1397cc of this title; and

(D)

only to the extent permitted consistent with subsection (c)—

(i)

for payment for other child health assistance for targeted low-income children;

(ii)

for expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children);

(iii)

for expenditures for outreach activities as provided in section 1397bb(c)(1) of this title under the plan;

(iv)

for translation or interpretation services in connection with the enrollment of, retention of, and use of services under this subchapter by, individuals for whom English is not their primary language (as found necessary by the Secretary for the proper and efficient administration of the State plan); and

(v)

for other reasonable costs incurred by the State to administer the plan.

(2) Order of payments

Payments under paragraph (1) from a State’s allotment shall be made in the following order:

(A)

First, for expenditures for items described in paragraph (1)(A).

(B)

Second, for expenditures for items described in paragraph (1)(B).

(C)

Third, for expenditures for items described in paragraph (1)(C).

(D)

Fourth, for expenditures for items described in paragraph (1)(D).

(3) Performance bonus payment to offset additional Medicaid and CHIP child enrollment costs resulting from enrollment and retention efforts
(A) In general

In addition to the payments made under paragraph (1), for each fiscal year (beginning with fiscal year 2009 and ending with fiscal year 2013), the Secretary shall pay from amounts made available under subparagraph (E), to each State that meets the condition under paragraph (4) for the fiscal year, an amount equal to the amount described in subparagraph (B) for the State and fiscal year. The payment under this paragraph shall be made, to a State for a fiscal year, as a single payment not later than the last day of the first calendar quarter of the following fiscal year.

(B) Amount for above baseline Medicaid child enrollment costs

Subject to subparagraph (E), the amount described in this subparagraph for a State for a fiscal year is equal to the sum of the following amounts:

(i) First tier above baseline Medicaid enrollees

An amount equal to the number of first tier above baseline child enrollees (as determined under subparagraph (C)(i)) under subchapter XIX for the State and fiscal year, multiplied by 15 percent of the projected per capita State Medicaid expenditures (as determined under subparagraph (D)) for the State and fiscal year under subchapter XIX.

(ii) Second tier above baseline Medicaid enrollees

An amount equal to the number of second tier above baseline child enrollees (as determined under subparagraph (C)(ii)) under subchapter XIX for the State and fiscal year, multiplied by 62.5 percent of the projected per capita State Medicaid expenditures (as determined under subparagraph (D)) for the State and fiscal year under subchapter XIX.

(C) Number of first and second tier above baseline child enrollees; baseline number of child enrollees

For purposes of this paragraph:

(i) First tier above baseline child enrollees

The number of first tier above baseline child enrollees for a State for a fiscal year under subchapter XIX is equal to the number (if any, as determined by the Secretary) by which—

(I)

the monthly average unduplicated number of qualifying children (as defined in subparagraph (F)) enrolled during the fiscal year under the State plan under subchapter XIX; exceeds

(II)

the baseline number of enrollees described in clause (iii) for the State and fiscal year under subchapter XIX;

 but not to exceed 10 percent of the baseline number of enrollees described in subclause (II).

(ii) Second tier above baseline child enrollees

The number of second tier above baseline child enrollees for a State for a fiscal year under subchapter XIX is equal to the number (if any, as determined by the Secretary) by which—

(I)

the monthly average unduplicated number of qualifying children (as defined in subparagraph (F)) enrolled during the fiscal year under subchapter XIX as described in clause (i)(I); exceeds

(II)

the sum of the baseline number of child enrollees described in clause (iii) for the State and fiscal year under subchapter XIX, as described in clause (i)(II), and the maximum number of first tier above baseline child enrollees for the State and fiscal year under subchapter XIX, as determined under clause (i).

(iii) Baseline number of child enrollees

Subject to subparagraph (H), the baseline number of child enrollees for a State under subchapter XIX—

(I)

for fiscal year 2009 is equal to the monthly average unduplicated number of qualifying children enrolled in the State plan under subchapter XIX during fiscal year 2007 increased by the population growth for children in that State from 2007 to 2008 (as estimated by the Bureau of the Census) plus 4 percentage points, and further increased by the population growth for children in that State from 2008 to 2009 (as estimated by the Bureau of the Census) plus 4 percentage points;

(II)

for each of fiscal years 2010, 2011, and 2012, is equal to the baseline number of child enrollees for the State for the previous fiscal year under subchapter XIX, increased by the population growth for children in that State from the calendar year in which the respective fiscal year begins to the succeeding calendar year (as estimated by the Bureau of the Census) plus 3.5 percentage points;

(III)

for each of fiscal years 2013, 2014, and 2015, is equal to the baseline number of child enrollees for the State for the previous fiscal year under subchapter XIX, increased by the population growth for children in that State from the calendar year in which the respective fiscal year begins to the succeeding calendar year (as estimated by the Bureau of the Census) plus 3 percentage points; and

(IV)

for a subsequent fiscal year is equal to the baseline number of child enrollees for the State for the previous fiscal year under subchapter XIX, increased by the population growth for children in that State from the calendar year in which the fiscal year involved begins to the succeeding calendar year (as estimated by the Bureau of the Census) plus 2 percentage points.

(D) Projected per capita State Medicaid expenditures

For purposes of subparagraph (B), the projected per capita State Medicaid expenditures for a State and fiscal year under subchapter XIX is equal to the average per capita expenditures (including both State and Federal financial participation) for children under the State plan under such subchapter, including under waivers but not including such children eligible for assistance by virtue of the receipt of benefits under subchapter XVI, for the most recent fiscal year for which actual data are available (as determined by the Secretary), increased (for each subsequent fiscal year up to and including the fiscal year involved) by the annual percentage increase in per capita amount of National Health Expenditures (as estimated by the Secretary) for the calendar year in which the respective subsequent fiscal year ends and multiplied by a State matching percentage equal to 100 percent minus the Federal medical assistance percentage (as defined in section 1396d(b) of this title) for the fiscal year involved.

(E) Amounts available for payments
(i) Initial appropriation

Out of any money in the Treasury not otherwise appropriated, there are appropriated $3,225,000,000 for fiscal year 2009 for making payments under this paragraph, to be available until expended.

(ii) Transfers

Notwithstanding any other provision of this subchapter, the following amounts shall also be available, without fiscal year limitation, for making payments under this paragraph:

(I) Unobligated national allotment
(aa) Fiscal years 2009 through 2012

As of December 31 of fiscal year 2009, and as of December 31 of each succeeding fiscal year through fiscal year 2012, the portion, if any, of the amount appropriated under subsection (a) for such fiscal year that is unobligated for allotment to a State under subsection (m) 1 for such fiscal year or set aside under subsection (a)(3) or (b)(2) of section 1397kk of this title for such fiscal year.

(bb) First half of fiscal year 2013

As of December 31 of fiscal year 2013, the portion, if any, of the sum of the amounts appropriated under subsection (a)(16)(A) 2 and under section 108 of the Children’s Health Insurance Reauthorization Act of 2009 for the period beginning on October 1, 2012, and ending on March 31, 2013, that is unobligated for allotment to a State under subsection (m) 1 for such fiscal year or set aside under subsection (b)(2) of section 1397kk of this title for such fiscal year.

(cc) Second half of fiscal year 2013

As of June 30 of fiscal year 2013, the portion, if any, of the amount appropriated under subsection (a)(16)(B) 2 for the period beginning on April 1, 2013, and ending on September 30, 2013, that is unobligated for allotment to a State under subsection (m) 1 for such fiscal year or set aside under subsection (b)(2) of section 1397kk of this title for such fiscal year.

(II) Unexpended allotments not used for redistribution

As of November 15 of each of fiscal years 2010 through 2013, the total amount of allotments made to States under section 1397dd of this title for the second preceding fiscal year (third preceding fiscal year in the case of the fiscal year 2006, 2007, and 2008 allotments) that is not expended or redistributed under section 1397dd(f) of this title during the period in which such allotments are available for obligation.

(III) Excess child enrollment contingency funds

As of October 1 of each of fiscal years 2010 through 2013, any amount in excess of the aggregate cap applicable to the Child Enrollment Contingency Fund for the fiscal year under section 1397dd(n) of this title.

(iii) Proportional reduction

If the sum of the amounts otherwise payable under this paragraph for a fiscal year exceeds the amount available for the fiscal year under this subparagraph, the amount to be paid under this paragraph to each State shall be reduced proportionally.

(F) Qualifying children defined
(i) In general

For purposes of this subsection, subject to clauses (ii) and (iii), the term “qualifying children” means children who meet the eligibility criteria (including income, categorical eligibility, age, and immigration status criteria) in effect as of July 1, 2008, for enrollment under subchapter XIX, taking into account criteria applied as of such date under subchapter XIX pursuant to a waiver under section 1315 of this title.

(ii) Limitation

A child described in clause (i) who is provided medical assistance during a presumptive eligibility period under section 1396r–1a of this title shall be considered to be a “qualifying child” only if the child is determined to be eligible for medical assistance under subchapter XIX.

(iii) Exclusion

Such term does not include any children for whom the State has made an election to provide medical assistance under paragraph (4) of section 1396b(v) of this title or any children enrolled on or after October 1, 2013.

(G) Application to commonwealths and territories

The provisions of subparagraph (G) of section 1397dd(n)(3) of this title shall apply with respect to payment under this paragraph in the same manner as such provisions apply to payment under such section.

(H) Application to States that implement a Medicaid expansion for children after fiscal year 2008

In the case of a State that provides coverage under section 115 of the Children’s Health Insurance Program Reauthorization Act of 2009 for any fiscal year after fiscal year 2008—

(i)

any child enrolled in the State plan under subchapter XIX through the application of such an election shall be disregarded from the determination for the State of the monthly average unduplicated number of qualifying children enrolled in such plan during the first 3 fiscal years in which such an election is in effect; and

(ii)

in determining the baseline number of child enrollees for the State for any fiscal year subsequent to such first 3 fiscal years, the baseline number of child enrollees for the State under subchapter XIX for the third of such fiscal years shall be the monthly average unduplicated number of qualifying children enrolled in the State plan under subchapter XIX for such third fiscal year.

(4) Enrollment and retention provisions for children

For purposes of paragraph (3)(A), a State meets the condition of this paragraph for a fiscal year if it is implementing at least 5 of the following enrollment and retention provisions (treating each subparagraph as a separate enrollment and retention provision) throughout the entire fiscal year:

(A) Continuous eligibility

The State has elected the option of continuous eligibility for a full 12 months for all children described in section 1396a(e)(12) 3 of this title under subchapter XIX under 19 years of age, as well as applying such policy under its State child health plan under this subchapter.

(B) Liberalization of asset requirements

The State meets the requirement specified in either of the following clauses:

(i) Elimination of asset test

The State does not apply any asset or resource test for eligibility for children under subchapter XIX or this subchapter.

(ii) Administrative verification of assets

The State—

(I)

permits a parent or caretaker relative who is applying on behalf of a child for medical assistance under subchapter XIX or child health assistance under this subchapter to declare and certify by signature under penalty of perjury information relating to family assets for purposes of determining and redetermining financial eligibility; and

(II)

takes steps to verify assets through means other than by requiring documentation from parents and applicants except in individual cases of discrepancies or where otherwise justified.

(C) Elimination of in-person interview requirement

The State does not require an application of a child for medical assistance under subchapter XIX (or for child health assistance under this subchapter), including an application for renewal of such assistance, to be made in person nor does the State require a face-to-face interview, unless there are discrepancies or individual circumstances justifying an in-person application or face-to-face interview.

(D) Use of joint application for Medicaid and CHIP

The application form and supplemental forms (if any) and information verification process is the same for purposes of establishing and renewing eligibility for children for medical assistance under subchapter XIX and child health assistance under this subchapter.

(E) Automatic renewal (use of administrative renewal)
(i) In general

The State provides, in the case of renewal of a child’s eligibility for medical assistance under subchapter XIX or child health assistance under this subchapter, a pre-printed form completed by the State based on the information available to the State and notice to the parent or caretaker relative of the child that eligibility of the child will be renewed and continued based on such information unless the State is provided other information. Nothing in this clause shall be construed as preventing a State from verifying, through electronic and other means, the information so provided.

(ii) Satisfaction through demonstrated use of ex parte process

A State shall be treated as satisfying the requirement of clause (i) if renewal of eligibility of children under subchapter XIX or this subchapter is determined without any requirement for an in-person interview, unless sufficient information is not in the State’s possession and cannot be acquired from other sources (including other State agencies) without the participation of the applicant or the applicant’s parent or caretaker relative.

(F) Presumptive eligibility for children

The State is implementing section 1396r–1a of this title under subchapter XIX as well as, pursuant to section 1397gg(e)(1) of this title, under this subchapter.

(G) Express Lane

The State is implementing the option described in section 1396a(e)(13) of this title under subchapter XIX as well as, pursuant to section 1397gg(e)(1) of this title, under this subchapter.

(H) Premium assistance subsidies

The State is implementing the option of providing premium assistance subsidies under subsection (c)(10) or section 1396e–1 of this title.

(b) Enhanced FMAP

For purposes of subsection (a), the “enhanced FMAP”, for a State for a fiscal year, is equal to the Federal medical assistance percentage (as defined in the first sentence of section 1396d(b) of this title) for the State increased by a number of percentage points equal to 30 percent of the number of percentage points by which (1) such Federal medical assistance percentage for the State, is less than (2) 100 percent; but in no case shall the enhanced FMAP for a State exceed 85 percent. Notwithstanding the preceding sentence, during the period that begins on October 1, 2015, and ends on September 30, 2019, the enhanced FMAP determined for a State for a fiscal year (or for any portion of a fiscal year occurring during such period) shall be increased by 23 percentage points, and during the period that begins on October 1, 2019, and ends on September 30, 2020, the enhanced FMAP determined for a State for a fiscal year (or for any portion of a fiscal year occurring during such period) shall be increased by 11.5 percentage points but in no case shall exceed 100 percent. The increase in the enhanced FMAP under the preceding sentence shall not apply with respect to determining the payment to a State under subsection (a)(1) for expenditures described in subparagraph (D)(iv), paragraphs (8), (9), (11) of subsection (c), or clause (4) of the first sentence of section 1396d(b) of this title.

(c) Limitation on certain payments for certain expenditures
(1) General limitations

Funds provided to a State under this subchapter shall only be used to carry out the purposes of this subchapter (as described in section 1397aa of this title) or to carry out the rural health transformation program established in subsection (h) and, except in the case of amounts made available under subsection (h), may not include coverage of a nonpregnant childless adult, and any health insurance coverage provided with such funds may include coverage of abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. For purposes of the preceding sentence, a caretaker relative (as such term is defined for purposes of carrying out section 1396u–1 of this title) shall not be considered a childless adult.

(2) Limitation on expenditures not used for medicaid or health insurance assistance
(A) In general

Except as provided in this paragraph, the amount of payment that may be made under subsection (a) for a fiscal year for expenditures for items described in paragraph (1)(D) of such subsection shall not exceed 10 percent of the total amount of expenditures for which payment is made under subparagraphs (A), (C), and (D) of paragraph (1) of such subsection.

(B) Waiver authorized for cost-effective alternative

The limitation under subparagraph (A) on expenditures for items described in subsection (a)(1)(D) shall not apply to the extent that a State establishes to the satisfaction of the Secretary that—

(i)

coverage provided to targeted low-income children through such expenditures meets the requirements of section 1397cc of this title;

(ii)

the cost of such coverage is not greater, on an average per child basis, than the cost of coverage that would otherwise be provided under section 1397cc of this title; and

(iii)

such coverage is provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under section 254b of this title or with hospitals such as those that receive disproportionate share payment adjustments under section 1395ww(d)(5)(F) or 1396r–4 of this title.

(C) Nonapplication to certain expenditures

The limitation under subparagraph (A) shall not apply with respect to the following expenditures:

(i) Expenditures to increase outreach to, and the enrollment of, Indian children under this subchapter and subchapter XIX

Expenditures for outreach activities to families of Indian children likely to be eligible for child health assistance under the plan or medical assistance under the State plan under subchapter XIX (or under a waiver of such plan), to inform such families of the availability of, and to assist them in enrolling their children in, such plans, including such activities conducted under grants, contracts, or agreements entered into under section 1320b–9(a) of this title.

(ii) Expenditures to comply with citizenship or nationality verification requirements

Expenditures necessary for the State to comply with paragraph (9)(A).

(iii) Expenditures for outreach to increase the enrollment of children under this subchapter and subchapter XIX through premium assistance subsidies

Expenditures for outreach activities to families of children likely to be eligible for premium assistance subsidies in accordance with paragraph (2)(B), (3), or (10), or a waiver approved under section 1315 of this title, to inform such families of the availability of, and to assist them in enrolling their children in, such subsidies, and to employers likely to provide qualified employer-sponsored coverage (as defined in subparagraph (B) of such paragraph 4), but not to exceed an amount equal to 1.25 percent of the maximum amount permitted to be expended under subparagraph (A) for items described in subsection (a)(1)(D).

(iv) Payment error rate measurement (PERM) expenditures

Expenditures related to the administration of the payment error rate measurement (PERM) requirements applicable to the State child health plan in accordance with the 5 subchapter IV of chapter 33 of title 31 and parts 431 and 457 of title 42, Code of Federal Regulations (or any related or successor guidance or regulations).

(3) Waiver for purchase of family coverage

Payment may be made to a State under subsection (a)(1) for the purchase of family coverage under a group health plan or health insurance coverage that includes coverage of targeted low-income children only if the State establishes to the satisfaction of the Secretary that—

(A)

purchase of such coverage is cost-effective relative to—

(i)

the amount of expenditures under the State child health plan, including administrative expenditures, that the State would have made to provide comparable coverage of the targeted low-income child involved or the family involved (as applicable); or

(ii)

the aggregate amount of expenditures that the State would have made under the State child health plan, including administrative expenditures, for providing coverage under such plan for all such children or families; and

(B)

such coverage shall not be provided if it would otherwise substitute for health insurance coverage that would be provided to such children but for the purchase of family coverage.

(4) Use of non-Federal funds for State matching requirement

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 non-Federal contributions required under subsection (a).

(5) Offset of receipts attributable to premiums and other cost-sharing

For purposes of subsection (a), the amount of the expenditures under the plan shall be reduced by the amount of any premiums and other cost-sharing received by the State.

(6) Prevention of duplicative payments
(A) Other health plans

No payment shall be made to a State under this section for expenditures for child health assistance provided for a targeted low-income child under its plan to the extent that a private insurer (as defined by the Secretary by regulation and including a group health plan (as defined in section 1167(1) of title 29), a service benefit plan, and a health maintenance organization) would have been obligated to provide such assistance but for a provision of its insurance contract which has the effect of limiting or excluding such obligation because the individual is eligible for or is provided child health assistance under the plan.

(B) Other Federal governmental programs

Except as provided in subparagraph (A) or (B) of subsection (a)(1) or any other provision of law, no payment shall be made to a State under this section for expenditures for child health assistance provided for a targeted low-income child under its plan to the extent that payment has been made or can reasonably be expected to be made promptly (as determined in accordance with regulations) under any other federally operated or financed health care insurance program, other than an insurance program operated or financed by the Indian Health Service, as identified by the Secretary. For purposes of this paragraph, rules similar to the rules for overpayments under section 1396b(d)(2) of this title shall apply.

(7) Limitation on payment for abortions
(A) In general

Payment shall not be made to a State under this section for any amount expended under the State plan to pay for any abortion or to assist in the purchase, in whole or in part, of health benefit coverage that includes coverage of abortion.

(B) Exception

Subparagraph (A) shall not apply to an abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest.

(C) Rule of construction

Nothing in this section shall be construed as affecting the expenditure by a State, locality, or private person or entity of State, local, or private funds (other than funds expended under the State plan) for any abortion or for health benefits coverage that includes coverage of abortion.

(8) Limitation on matching rate for expenditures for child health assistance provided to children whose effective family income exceeds 300 percent of the poverty line
(A) FMAP applied to expenditures

Except as provided in subparagraph (B), for fiscal years beginning with fiscal year 2009, the Federal medical assistance percentage (as determined under section 1396d(b) of this title without regard to clause (4) of such section) shall be substituted for the enhanced FMAP under subsection (a)(1) with respect to any expenditures for providing child health assistance or health benefits coverage for a targeted low-income child whose effective family income would exceed 300 percent of the poverty line but for the application of a general exclusion of a block of income that is not determined by type of expense or type of income.

(B) Exception

Subparagraph (A) shall not apply to any State that, on February 4, 2009, has an approved State plan amendment or waiver to provide, or has enacted a State law to submit a State plan amendment to provide, expenditures described in such subparagraph under the State child health plan.

(9) Citizenship documentation requirements
(A) In general

No payment may be made under this section with respect to an individual who has, or is, declared to be a citizen or national of the United States for purposes of establishing eligibility under this subchapter unless the State meets the requirements of section 1396a(a)(46)(B) of this title with respect to the individual.

(B) Enhanced payments

Notwithstanding subsection (b), the enhanced FMAP with respect to payments under subsection (a) for expenditures described in clause (i) or (ii) of section 1396b(a)(3)(G) of this title necessary to comply with subparagraph (A) shall in no event be less than 90 percent and 75 percent, respectively.

(10) State option to offer premium assistance
(A) In general

A State may elect to offer a premium assistance subsidy (as defined in subparagraph (C)) for qualified employer-sponsored coverage (as defined in subparagraph (B)) to all targeted low-income children who are eligible for child health assistance under the plan and have access to such coverage in accordance with the requirements of this paragraph if the offering of such a subsidy is cost-effective, as defined for purposes of paragraph (3)(A). No subsidy shall be provided to a targeted low-income child under this paragraph unless the child (or the child’s parent) voluntarily elects to receive such a subsidy. A State may not require such an election as a condition of receipt of child health assistance.

(B) Qualified employer-sponsored coverage
(i) In general

Subject to clause (ii), in this paragraph, the term “qualified employer-sponsored coverage” means a group health plan or health insurance coverage offered through an employer—

(I)

that qualifies as creditable coverage as a group health plan under section 2701(c)(1) of the Public Health Service Act; 3

(II)

for which the employer contribution toward any premium for such coverage is at least 40 percent; and

(III)

that is offered to all individuals in a manner that would be considered a nondiscriminatory eligibility classification for purposes of paragraph (3)(A)(ii) of section 105(h) of the Internal Revenue Code of 1986 (but determined without regard to clause (i) of subparagraph (B) of such paragraph).

(ii) Exception

Such term does not include coverage consisting of—

(I)

benefits provided under a health flexible spending arrangement (as defined in section 106(c)(2) of the Internal Revenue Code of 1986); or

(II)

a high deductible health plan (as defined in section 223(c)(2) of such Code), without regard to whether the plan is purchased in conjunction with a health savings account (as defined under section 223(d) of such Code).

(C) Premium assistance subsidy
(i) In general

In this paragraph, the term “premium assistance subsidy” means, with respect to a targeted low-income child, the amount equal to the difference between the employee contribution required for enrollment only of the employee under qualified employer-sponsored coverage and the employee contribution required for enrollment of the employee and the child in such coverage, less any applicable premium cost-sharing applied under the State child health plan (subject to the limitations imposed under section 1397cc(e) of this title, including the requirement to count the total amount of the employee contribution required for enrollment of the employee and the child in such coverage toward the annual aggregate cost-sharing limit applied under paragraph (3)(B) of such section).

(ii) State payment option

A State may provide a premium assistance subsidy either as reimbursement to an employee for out-of-pocket expenditures or, subject to clause (iii), directly to the employee’s employer.

(iii) Employer opt-out

An employer may notify a State that it elects to opt-out of being directly paid a premium assistance subsidy on behalf of an employee. In the event of such a notification, an employer shall withhold the total amount of the employee contribution required for enrollment of the employee and the child in the qualified employer-sponsored coverage and the State shall pay the premium assistance subsidy directly to the employee.

(iv) Treatment as child health assistance

Expenditures for the provision of premium assistance subsidies shall be considered child health assistance described in paragraph (1)(C) of subsection (a) for purposes of making payments under that subsection.

(D) Application of secondary payor rules

The State shall be a secondary payor for any items or services provided under the qualified employer-sponsored coverage for which the State provides child health assistance under the State child health plan.

(E) Requirement to provide supplemental coverage for benefits and cost-sharing protection provided under the State child health plan
(i) In general

Notwithstanding section 1397jj(b)(1)(C) of this title, the State shall provide for each targeted low-income child enrolled in qualified employer-sponsored coverage, supplemental coverage consisting of—

(I)

items or services that are not covered, or are only partially covered, under the qualified employer-sponsored coverage; and

(II)

cost-sharing protection consistent with section 1397cc(e) of this title.

(ii) Record keeping requirements

For purposes of carrying out clause (i), a State may elect to directly pay out-of-pocket expenditures for cost-sharing imposed under the qualified employer-sponsored coverage and collect or not collect all or any portion of such expenditures from the parent of the child.

(F) Application of waiting period imposed under the State

Any waiting period imposed under the State child health plan prior to the provision of child health assistance to a targeted low-income child under the State plan shall apply to the same extent to the provision of a premium assistance subsidy for the child under this paragraph.

(G) Opt-out permitted for any month

A State shall establish a process for permitting the parent of a targeted low-income child receiving a premium assistance subsidy to disenroll the child from the qualified employer-sponsored coverage and enroll the child in, and receive child health assistance under, the State child health plan, effective on the first day of any month for which the child is eligible for such assistance and in a manner that ensures continuity of coverage for the child.

(H) Application to parents

If a State provides child health assistance or health benefits coverage to parents of a targeted low-income child in accordance with section 1397kk(b) of this title, the State may elect to offer a premium assistance subsidy to a parent of a targeted low-income child who is eligible for such a subsidy under this paragraph in the same manner as the State offers such a subsidy for the enrollment of the child in qualified employer-sponsored coverage, except that—

(i)

the amount of the premium assistance subsidy shall be increased to take into account the cost of the enrollment of the parent in the qualified employer-sponsored coverage or, at the option of the State if the State determines it cost-effective, the cost of the enrollment of the child’s family in such coverage; and

(ii)

any reference in this paragraph to a child is deemed to include a reference to the parent or, if applicable under clause (i), the family of the child.

(I) Additional State option for providing premium assistance
(i) In general

A State may establish an employer-family premium assistance purchasing pool for employers with less than 250 employees who have at least 1 employee who is a pregnant woman eligible for assistance under the State child health plan (including through the application of an option described in section 1397ll(f) of this title) or a member of a family with at least 1 targeted low-income child and to provide a premium assistance subsidy under this paragraph for enrollment in coverage made available through such pool.

(ii) Access to choice of coverage

A State that elects the option under clause (i) shall identify and offer access to not less than 2 private health plans that are health benefits coverage that is equivalent to the benefits coverage in a benchmark benefit package described in section 1397cc(b) of this title or benchmark-equivalent coverage that meets the requirements of section 1397cc(a)(2) of this title for employees described in clause (i).

(iii) Clarification of payment for administrative expenditures

Nothing in this subparagraph shall be construed as permitting payment under this section for administrative expenditures attributable to the establishment or operation of such pool, except to the extent that such payment would otherwise be permitted under this subchapter.

(J) No effect on premium assistance waiver programs

Nothing in this paragraph shall be construed as limiting the authority of a State to offer premium assistance under section 1396e or 1396e–1 of this title, a waiver described in paragraph (2)(B) or (3), a waiver approved under section 1315 of this title, or other authority in effect prior to February 4, 2009.

(K) Notice of availability

If a State elects to provide premium assistance subsidies in accordance with this paragraph, the State shall—

(i)

include on any application or enrollment form for child health assistance a notice of the availability of premium assistance subsidies for the enrollment of targeted low-income children in qualified employer-sponsored coverage;

(ii)

provide, as part of the application and enrollment process under the State child health plan, information describing the availability of such subsidies and how to elect to obtain such a subsidy; and

(iii)

establish such other procedures as the State determines necessary to ensure that parents are fully informed of the choices for receiving child health assistance under the State child health plan or through the receipt of premium assistance subsidies.

(L) Application to qualified employer-sponsored benchmark coverage

If a group health plan or health insurance coverage offered through an employer is certified by an actuary as health benefits coverage that is equivalent to the benefits coverage in a benchmark benefit package described in section 1397cc(b) of this title or benchmark-equivalent coverage that meets the requirements of section 1397cc(a)(2) of this title, the State may provide premium assistance subsidies for enrollment of targeted low-income children in such group health plan or health insurance coverage in the same manner as such subsidies are provided under this paragraph for enrollment in qualified employer-sponsored coverage, but without regard to the requirement to provide supplemental coverage for benefits and cost-sharing protection provided under the State child health plan under subparagraph (E).

(M) Coordination with medicaid

In the case of a targeted low-income child who receives child health assistance through a State plan under subchapter XIX and who voluntarily elects to receive a premium assistance subsidy under this section, the provisions of section 1396e–1 of this title shall apply and shall supersede any other provisions of this paragraph that are inconsistent with such section.

(11) Enhanced payments

Notwithstanding subsection (b), the enhanced FMAP with respect to payments under subsection (a) for expenditures related to the administration of the payment error rate measurement (PERM) requirements applicable to the State child health plan in accordance with the 5 subchapter IV of chapter 33 of title 31 and parts 431 and 457 of title 42, Code of Federal Regulations (or any related or successor guidance or regulations) shall in no event be less than 90 percent.

(12) Temporary enhanced payment for coverage and administration of COVID–19 vaccines

During the period described in section 1396d(hh)(2) of this title, notwithstanding subsection (b), the enhanced FMAP for a State, with respect to payments under subsection (a) for expenditures under the State child health plan (or a waiver of such plan) for a vaccine described in section 1396d(a)(4)(E) of this title (and the administration of such a vaccine), shall be equal to 100 percent.

(d) Maintenance of effort
(1) In medicaid eligibility standards

No payment may be made under subsection (a) with respect to child health assistance provided under a State child health plan if the State adopts income and resource standards and methodologies for purposes of determining a child’s eligibility for medical assistance under the State plan under subchapter XIX that are more restrictive than those applied as of June 1, 1997, except as required under section 1396a(e)(14) of this title.

(2) In amounts of payment expended for certain State-funded health insurance programs for children
(A) In general

The amount of the allotment for a State in a fiscal year (beginning with fiscal year 1999) shall be reduced by the amount by which—

(i)

the total of the State children’s health insurance expenditures in the preceding fiscal year, is less than

(ii)

the total of such expenditures in fiscal year 1996.

(B) State children’s health insurance expenditures

The term “State children’s health insurance expenditures” means the following:

(i)

The State share of expenditures under this subchapter.

(ii)

The State share of expenditures under subchapter XIX that are attributable to an enhanced FMAP under the fourth sentence of section 1396d(b) of this title.

(iii)

State expenditures under health benefits coverage under an existing comprehensive State-based program, described in section 1397cc(d) of this title.

(3) Continuation of eligibility standards for children through September 30, 2029
(A) In general

During the period that begins on March 23, 2010, and ends on September 30, 2029, as a condition of receiving payments under section 1396b(a) of this title, a State shall not have in effect eligibility standards, methodologies, or procedures under its State child health plan (including any waiver under such plan) for children (including children provided medical assistance for which payment is made under section 1397ee(a)(1)(A) of this title) that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on March 23, 2010. During the period that begins on October 1, 2019, and ends on September 30, 2029, the preceding sentence shall only apply with respect to children in families whose income does not exceed 300 percent of the poverty line (as defined in section 1397jj(c)(5) of this title) applicable to a family of the size involved. The preceding sentences shall not be construed as preventing a State during any such periods from—

(i)

applying eligibility standards, methodologies, or procedures for children under the State child health plan or under any waiver of the plan that are less restrictive than the eligibility standards, methodologies, or procedures, respectively, for children under the plan or waiver that are in effect on March 23, 2010;

(ii)

after September 30, 2015, enrolling children eligible to be targeted low-income children under the State child health plan in a qualified health plan that has been certified by the Secretary under subparagraph (C); or

(iii)

imposing a limitation described in section 1397ll(b)(7) of this title for a fiscal year in order to limit expenditures under the State child health plan to those for which Federal financial participation is available under this section for the fiscal year.

(B) Assurance of exchange coverage for targeted low-income children unable to be provided child health assistance as a result of funding shortfalls

In the event that allotments provided under section 1397dd of this title are insufficient to provide coverage to all children who are eligible to be targeted low-income children under the State child health plan under this subchapter, a State shall establish procedures to ensure that such children are screened for eligibility for medical assistance under the State plan under subchapter XIX or a waiver of that plan and, if found eligible, enrolled in such plan or a waiver. In the case of such children who, as a result of such screening, are determined to not be eligible for medical assistance under the State plan or a waiver under subchapter XIX, the State shall establish procedures to ensure that the children are enrolled in a qualified health plan that has been certified by the Secretary under subparagraph (C) and is offered through an Exchange established by the State under section 18031 of this title. For purposes of eligibility for premium assistance for the purchase of a qualified health plan under section 36B of the Internal Revenue Code of 1986 and reduced cost-sharing under section 18071 of this title, children described in the preceding sentence shall be deemed to be ineligible for coverage under the State child health plan.

(C) Certification of comparability of pediatric coverage offered by qualified health plans

With respect to each State, the Secretary, not later than April 1, 2015, shall review the benefits offered for children and the cost-sharing imposed with respect to such benefits by qualified health plans offered through an Exchange established by the State under section 18031 of this title and shall certify those plans that offer benefits for children and impose cost-sharing with respect to such benefits that the Secretary determines are at least comparable to the benefits offered and cost-sharing protections provided under the State child health plan.

(e) Advance payment; retrospective adjustment

The Secretary may make payments under this section for each quarter on the basis of advance estimates of expenditures submitted by the State and such other investigation as the Secretary may find necessary, and may reduce or increase the payments as necessary to adjust for any overpayment or underpayment for prior quarters.

(f) Flexibility in submittal of claims

Nothing in this section or subsections (e) and (f) of section 1397dd of this title shall be construed as preventing a State from claiming as expenditures in the quarter expenditures that were incurred in a previous quarter.

(g) Authority for qualifying States to use certain funds for medicaid expenditures
(1) State option
(A) In general

Notwithstanding any other provision of law, subject to paragraph (4), a qualifying State (as defined in paragraph (2)) may elect to use not more than 20 percent of any allotment under section 1397dd of this title for fiscal year 1998, 1999, 2000, 2001, 2004, 2005, 2006, 2007, or 2008 (insofar as it is available under subsections (e) and (g) of such section) for payments under subchapter XIX in accordance with subparagraph (B), instead of for expenditures under this subchapter.

(B) Payments to States
(i) In general

In the case of a qualifying State that has elected the option described in subparagraph (A), subject to the availability of funds under such subparagraph with respect to the State, the Secretary shall pay the State an amount each quarter equal to the additional amount that would have been paid to the State under subchapter XIX with respect to expenditures described in clause (ii) if the enhanced FMAP (as determined under subsection (b)) had been substituted for the Federal medical assistance percentage (as defined in section 1396d(b) of this title).

(ii) Expenditures described

For purposes of this subparagraph, the expenditures described in this clause are expenditures, made after August 15, 2003, and during the period in which funds are available to the qualifying State for use under subparagraph (A), for medical assistance under subchapter XIX to individuals who have not attained age 19 and whose family income exceeds 150 percent of the poverty line.

(iii) No impact on determination of budget neutrality for waivers

In the case of a qualifying State that uses amounts paid under this subsection for expenditures described in clause (ii) that are incurred under a waiver approved for the State, any budget neutrality determinations with respect to such waiver shall be determined without regard to such amounts paid.

(2) Qualifying State

In this subsection, the term “qualifying State” means a State that, on and after April 15, 1997, has an income eligibility standard that is at least 184 percent of the poverty line with respect to any 1 or more categories of children (other than infants) who are eligible for medical assistance under section 1396a(a)(10)(A) of this title or, in the case of a State that has a statewide waiver in effect under section 1315 of this title with respect to subchapter XIX that was first implemented on August 1, 1994, or July 1, 1995, has an income eligibility standard under such waiver for children that is at least 185 percent of the poverty line, or, in the case of a State that has a statewide waiver in effect under section 1315 of this title with respect to subchapter XIX that was first implemented on January 1, 1994, has an income eligibility standard under such waiver for children who lack health insurance that is at least 185 percent of the poverty line, or, in the case of a State that had a statewide waiver in effect under section 1315 of this title with respect to subchapter XIX that was first implemented on October 1, 1993, had an income eligibility standard under such waiver for children that was at least 185 percent of the poverty line and on and after July 1, 1998, has an income eligibility standard for children under section 1396a(a)(10)(A) of this title or a statewide waiver in effect under section 1315 of this title with respect to subchapter XIX that is at least 185 percent of the poverty line.

(3) Construction

Nothing in paragraphs (1) and (2) shall be construed as modifying the requirements applicable to States implementing State child health plans under this subchapter.

(4) Option for allotments for fiscal years 2009 through 2029
(A) Payment of enhanced portion of matching rate for certain expenditures

In the case of expenditures described in subparagraph (B), a qualifying State (as defined in paragraph (2)) may elect to be paid from the State’s allotment made under section 1397dd of this title for any of fiscal years 2009 through 2029 (insofar as the allotment is available to the State under subsections (e) and (m) of such section) an amount each quarter equal to the additional amount that would have been paid to the State under subchapter XIX with respect to such expenditures if the enhanced FMAP (as determined under subsection (b)) had been substituted for the Federal medical assistance percentage (as defined in section 1396d(b) of this title).

(B) Expenditures described

For purposes of subparagraph (A), the expenditures described in this subparagraph are expenditures made after February 4, 2009, and during the period in which funds are available to the qualifying State for use under subparagraph (A), for the provision of medical assistance to individuals residing in the State who are eligible for medical assistance under the State plan under subchapter XIX or under a waiver of such plan and who have not attained age 19 (or, if a State has so elected under the State plan under subchapter XIX, age 20 or 21), and whose family income equals or exceeds 133 percent of the poverty line but does not exceed the Medicaid applicable income level.

(h) Rural health transformation program
(1) Appropriation
(A) In general

There are appropriated, out of any money in the Treasury not otherwise appropriated, to the Administrator of the Centers for Medicare & Medicaid Services (in this subsection referred to as the “Administrator”), to provide allotments to States for purposes of carrying out the activities described in paragraph (6)—

(i)

$10,000,000,000 for fiscal year 2026;

(ii)

$10,000,000,000 for fiscal year 2027;

(iii)

$10,000,000,000 for fiscal year 2028;

(iv)

$10,000,000,000 for fiscal year 2029; and

(v)

$10,000,000,000 for fiscal year 2030.

(B) Unexpended or unobligated funds
(i) In general

Any amounts appropriated under subparagraph (A) that are unexpended or unobligated as of October 1, 2032, shall be returned to the Treasury of the United States.

(ii) Redistribution of unexpended or unobligated funds

In carrying out subparagraph (A), the Administrator shall, not later than March 31, 2028, and annually thereafter through March 31, 2032, determine the amount of funds, if any, that are available under such subparagraph for a previous fiscal year, are unexpended or unobligated with respect to such fiscal year, and will not be available to a State in the current fiscal year, pursuant to clause (iii).

(iii) Availability of funds
(I) In general

Amounts allotted to a State under this subsection for a year shall be available for expenditure by the State through the end of the fiscal year following the fiscal year in which such amounts are allotted.

(II) Availability of amounts redistributed

Amounts redistributed to a State under clause (ii) with respect to a fiscal year shall be available for expenditure by the State through the end of the fiscal year following the fiscal year in which such amounts are redistributed (except in the case of amounts redistributed in fiscal year 2032 which shall only be available for expenditure through September 30, 2032).

(iv) Misuse of funds

If the Administrator determines that a State is not using amounts allotted or redistributed to the State under this subsection in a manner consistent with the description provided by the State in its application approved under paragraph (2), the Administrator may withhold payments to, or reduce payments to, or recover previous payments from, the State under this subsection as the Administrator deems appropriate, and any amounts so withheld, or that remain after any such reduction, or so recovered, shall be returned to the Treasury of the United States.

(2) Application
(A) In general

To be eligible for an allotment under this subsection, a State shall submit to the Administrator during an application submission period to be specified by the Administrator (but that ends not later than December 31, 2025) an application in such form and manner as the Administrator may specify, that includes—

(i)

a detailed rural health transformation plan—

(I)

to improve access to hospitals, other health care providers, and health care items and services furnished to rural residents of the State;

(II)

to improve health care outcomes of rural residents of the State;

(III)

to prioritize the use of new and emerging technologies that emphasize prevention and chronic disease management;

(IV)

to initiate, foster, and strengthen local and regional strategic partnerships between rural hospitals and other health care providers in order to promote measurable quality improvement, increase financial stability, maximize economies of scale, and share best practices in care delivery;

(V)

to enhance economic opportunity for, and the supply of, health care clinicians through enhanced recruitment and training;

(VI)

to prioritize data and technology driven solutions that help rural hospitals and other rural health care providers furnish high-quality health care services as close to a patient’s home as is possible;

(VII)

that outlines strategies to manage long-term financial solvency and operating models of rural hospitals in the State; and

(VIII)

that identifies specific causes driving the accelerating rate of stand-alone rural hospitals becoming at risk of closure, conversion, or service reduction;

(ii)

a certification that none of the amounts provided under this subsection shall be used by the State for an expenditure that is attributable to an intergovernmental transfer, certified public expenditure, or any other expenditure to finance the non-Federal share of expenditures required under any provision of law, including under the State plan established under this subchapter, the State plan established under subchapter XIX, or under a waiver of such plans; and

(iii)

such other information as the Administrator may require.

(B) Deadline for approval

Not later than December 31, 2025, the Administrator shall approve or deny all applications submitted for an allotment under this subsection.

(C) One-time application

If an application of a State for an allotment under this subsection is approved by the Administrator, the State shall be eligible for an allotment under this subsection for each of fiscal years 2026 through 2030, except as provided in paragraph (1)(B)(iv).

(D) Eligibility

Only the 50 States shall be eligible for an allotment under this subsection and all references in this subsection to a State shall be treated as only referring to the 50 States.

(3) Allotments
(A) In general

For each of fiscal years 2026 through 2030, the Administrator shall determine under subparagraph (B) the amount of the allotment for such fiscal year for each State with an approved application under this subsection.

(B) Amount determined

Subject to subparagraph (C), from the amounts appropriated under paragraph (1)(A) for each of fiscal years 2026 through 2030, the Administrator shall allot—

(i)

50 percent of the amounts appropriated for each such fiscal year equally among all States with an approved application under this subsection; and

(ii)

50 percent of the amounts appropriated for each such fiscal year among all such States in an amount to be determined by the Administrator in accordance with subparagraph (C).

(C) Requirements

In determining the amount to be allotted to a State under clause (ii) of subparagraph (B) for a fiscal year, the Administrator shall—

(i)

ensure that not less than ¼ of the States with an approved application under this subsection for a fiscal year are allotted funds from amounts that are to be allotted under clause (ii) of such subparagraph; and

(ii)

consider—

(I)

the percentage of the State population that is located in a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725));

(II)

the proportion of rural health facilities (as defined in subparagraph (D)) in the State relative to the number of rural health facilities nationwide;

(III)

the situation of hospitals in the State, as described in section 1396a(a)(13)(A)(iv) of this title; and

(IV)

any other factors that the Administrator determines appropriate.

(D) Rural health facility defined

For the purposes of subparagraph (C)(ii), the term “rural health facility” means the following:

(i)

A subsection (d) hospital (as defined in paragraph (1)(B) of section 1395ww(d) of this title) that—

(I)

is located in a rural area (as defined in paragraph (2)(D) of such section 6);

(II)

is treated as being located in a rural area pursuant to paragraph (8)(E) of such section 6; or

(III)

is located in a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725)).

(ii)

A critical access hospital (as defined in section 1395x(mm)(1) of this title).

(iii)

A sole community hospital (as defined in section 1395ww(d)(5)(D)(iii) of this title).

(iv)

A Medicare-dependent, small rural hospital (as defined in section 1395ww(d)(5)(G)(iv) of this title).

(v)

A low-volume hospital (as defined in section 1395ww(d)(12)(C) of this title).

(vi)

A rural emergency hospital (as defined in section 1395x(kkk)(2) of this title).

(vii)

A rural health clinic (as defined in section 1395x(aa)(2) of this title).

(viii)

A Federally qualified health center (as defined in section 1395x(aa)(4) of this title).

(ix)

A community mental health center (as defined in section 1395x(ff)(3)(B) of this title).

(x)

A health center that is receiving a grant under section 254b of this title.

(xi)

An opioid treatment program (as defined in section 1395x(jjj)(2) of this title) that is located in a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725)).

(xii)

A certified community behavioral health clinic (as defined in section 1396d(jj)(2) of this title) that is located in a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725)).

(4) No matching payment

A State approved for an allotment under this subsection for a fiscal year shall not be required to provide any matching funds as a condition for receiving payments from the allotment.

(5) Terms and conditions

The Administrator shall specify such terms and conditions for allotments to States provided under this subsection as the Administrator deems appropriate, including the following:

(A)

Each State shall submit to the Administrator (at a time, and in a form and manner, specified by the Administrator)—

(i)

a plan for the State to use its allotment to carry out 3 or more of the activities described in paragraph (6); and

(ii)

annual reports on the use of allotments, including such additional information as the Administrator determines appropriate.

(B)

Not more than 10 percent of the amount allotted to a State for a fiscal year may be used by the State for administrative expenses.

(6) Use of funds

Amounts allotted to a State under this subsection shall be used for 3 or more of the following health-related activities:

(A)

Promoting evidence-based, measurable interventions to improve prevention and chronic disease management.

(B)

Providing payments to health care providers for the provision of health care items or services, as specified by the Administrator.

(C)

Promoting consumer-facing, technology-driven solutions for the prevention and management of chronic diseases.

(D)

Providing training and technical assistance for the development and adoption of technology-enabled solutions that improve care delivery in rural hospitals, including remote monitoring, robotics, artificial intelligence, and other advanced technologies.

(E)

Recruiting and retaining clinical workforce talent to rural areas, with commitments to serve rural communities for a minimum of 5 years.

(F)

Providing technical assistance, software, and hardware for significant information technology advances designed to improve efficiency, enhance cybersecurity capability development, and improve patient health outcomes.

(G)

Assisting rural communities to right size their health care delivery systems by identifying needed preventative, ambulatory, pre-hospital, emergency, acute inpatient care, outpatient care, and post-acute care service lines.

(H)

Supporting access to opioid use disorder treatment services (as defined in section 1395x(jjj)(1) of this title), other substance use disorder treatment services, and mental health services.

(I)

Developing projects that support innovative models of care that include value-based care arrangements and alternative payment models, as appropriate.

(J)

Additional uses designed to promote sustainable access to high quality rural health care services, as determined by the Administrator.

(7) Exemptions

Paragraphs (2), (3), (5), (6), (8), (10), (11), and (12) of subsection (c) do not apply to payments under this subsection.

(8) Review

There shall be no administrative or judicial review under section 1316 of this title or otherwise of amounts allotted or redistributed to States under this subsection, payments to States withheld or reduced under this subsection, or previous payments recovered from States under this subsection.

(9) Health care provider defined

For purposes of this subsection, the term “health care provider” means a provider of services or supplier who is enrolled under this subchapter, subchapter XVIII, or subchapter XIX.

Source credit: (Aug. 14, 1935, ch. 531, title XXI, § 2105, as added Pub. L. 105–33, title IV, § 4901(a), Aug. 5, 1997, 111 Stat. 560; amended Pub. L. 105–100, title I, § 162(5), (7), Nov. 19, 1997, 111 Stat. 2189, 2190; Pub. L. 106–113, div. B, § 1000(a)(6) [title VII, § 705(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–402; Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(a), (d)(4), (e)], Dec. 21, 2000, 114 Stat. 2763, 2763A–580 to 2763A–582; Pub. L. 108–74, § 1(b), Aug. 15, 2003, 117 Stat. 895; Pub. L. 108–127, § 1, Nov. 17, 2003, 117 Stat. 1354; Pub. L. 109–171, title VI, §§ 6102(b), 6103(a), Feb. 8, 2006, 120 Stat. 131, 132; Pub. L. 109–482, title II, § 201(b), Jan. 15, 2007, 120 Stat. 3701; Pub. L. 110–92, § 136(d), Sept. 29, 2007, 121 Stat. 995; Pub. L. 110–173, title II, § 201(b)(1), Dec. 29, 2007, 121 Stat. 2509; Pub. L. 111–3, title I, §§ 104, 107(a), 113(a), 114(a), title II, §§ 201(b)(1), 202(b), 211(c), title III, §§ 301(a)(1), (2)(A), 302(b), title VI, § 601(a), Feb. 4, 2009, 123 Stat. 17, 24, 34, 39, 40, 54, 57, 61, 63, 96; Pub. L. 111–148, title II, §§ 2101(a)–(c), 2102(a)(3)–(5), title X, §§ 10201(g), 10203(b)(3), (4), (c), (d)(2)(C), Mar. 23, 2010, 124 Stat. 286–288, 922, 927, 928, 930; Pub. L. 114–10, title III, § 301(c), Apr. 16, 2015, 129 Stat. 158; Pub. L. 115–120, div. C, §§ 3002(d)(1), (f)(1), 3005, Jan. 22, 2018, 132 Stat. 34, 37; Pub. L. 115–123, div. E, title I, § 50101(d), (f)(1), Feb. 9, 2018, 132 Stat. 174; Pub. L. 116–117, § 3(b)(3), Mar. 2, 2020, 134 Stat. 134; Pub. L. 117–2, title IX, § 9821(b), Mar. 11, 2021, 135 Stat. 219; Pub. L. 117–328, div. FF, title V, § 5111(c)(2), (3), Dec. 29, 2022, 136 Stat. 5939; Pub. L. 119–21, title VII, § 71401(a), (b)(2), July 4, 2025, 139 Stat. 327, 332.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 105-33 · 111 Stat. 560
  • 1997Amended · Pub. L. 105-100 · 111 Stat. 2189, 2190
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
  • 2000Amended · Pub. L. 106-554 · 114 Stat. 2763, 2763
  • 2003Amended · Pub. L. 108-74 · 117 Stat. 895
  • 2003Amended · Pub. L. 108-127 · 117 Stat. 1354
  • 2006Amended · Pub. L. 109-171 · 120 Stat. 131, 132
  • 2007Amended · Pub. L. 109-482 · 120 Stat. 3701
  • 2007Amended · Pub. L. 110-92 · 121 Stat. 995
  • 2007Amended · Pub. L. 110-173 · 121 Stat. 2509
  • 2009Amended · Pub. L. 111-3 · 123 Stat. 17, 24, 34, 39, 40, 54, 57, 61, 63, 96
  • 2010Amended · Pub. L. 111-148 · 124 Stat. 286
  • 2015Amended · Pub. L. 114-10 · 129 Stat. 158
  • 2018Amended · Pub. L. 115-120 · 132 Stat. 34, 37
  • 2018Amended · Pub. L. 115-123 · 132 Stat. 174
  • 2020Amended · Pub. L. 116-117 · 134 Stat. 134
  • 2021Amended · Pub. L. 117-2 · 135 Stat. 219
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5939
  • 2025Amended · Pub. L. 119-21 · 139 Stat. 327, 332

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-33 on 1935-08-14.

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