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42 U.S.C. § 256b — Limitation on prices of drugs purchased by covered entities

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42 U.S.C. § 256b — Limitation on prices of drugs purchased by covered entities

**(a) Requirements for agreement with Secretary** (1) **In general** — The Secretary shall enter into an agreement with each manufacturer of covered outpatient drugs under which the amount required to be paid (taking into account any rebate or discount, as provided by the Secretary) to the manufacturer for covered outpatient drugs (other than drugs described in paragraph (3)) purchased by a covered entity on or after the first day of the first month that begins after November 4, 1992, does not exceed an amount equal to the average manufacturer price for the drug under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.] in the preceding calendar quarter, reduced by the rebate percentage described in paragraph (2). Each such agreement shall require that the manufacturer furnish the Secretary with reports, on a quarterly basis, of the price for each covered outpatient drug subject to the agreement that, according to the manufacturer, represents the maximum price that covered entities may permissibly be required to pay for the drug (referred to in this section as the “ceiling price”), and shall require that the manufacturer offer each covered entity covered outpatient drugs for purchase at or below the applicable ceiling price if such drug is made available to any other purchaser at any price. (2) **“Rebate percentage” defined** (A) *In general* — For a covered outpatient drug purchased in a calendar quarter, the “rebate percentage” is the amount (expressed as a percentage) equal to— (i) the average total rebate required under section 1927(c) of the Social Security Act [[42 U.S.C. 1396r–8(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-preli

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Source location: Title 42, Chapter 6A, § 256b; chapter-6a-public-health-service.md

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**(a) Requirements for agreement with Secretary** (1) **In general** — The Secretary shall enter into an agreement with each manufacturer of covered outpatient drugs under which the amount required to be paid (taking into account any rebate or discount, as provided by the Secretary) to the manufacturer for covered outpatient drugs (other than drugs described in paragraph (3)) purchased by a covered entity on or after the first day of the first month that begins after November 4, 1992, does not exceed an amount equal to the average manufacturer price for the drug under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.] in the preceding calendar quarter, reduced by the rebate percentage described in paragraph (2). Each such agreement shall require that the manufacturer furnish the Secretary with reports, on a quarterly basis, of the price for each covered outpatient drug subject to the agreement that, according to the manufacturer, represents the maximum price that covered entities may permissibly be required to pay for the drug (referred to in this section as the “ceiling price”), and shall require that the manufacturer offer each covered entity covered outpatient drugs for purchase at or below the applicable ceiling price if such drug is made available to any other purchaser at any price. (2) **“Rebate percentage” defined** (A) *In general* — For a covered outpatient drug purchased in a calendar quarter, the “rebate percentage” is the amount (expressed as a percentage) equal to— (i) the average total rebate required under section 1927(c) of the Social Security Act [[42 U.S.C. 1396r–8(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r–8/c&num=0&edition=prelim)] with respect to the drug (for a unit of the dosage form and strength involved) during the preceding calendar quarter; divided by (ii) the average manufacturer price for such a unit of the drug during such quarter. (B) *Over the counter drugs* (i) *In general* — For purposes of subparagraph (A), in the case of over the counter drugs, the “rebate percentage” shall be determined as if the rebate required under section 1927(c) of the Social Security Act [[42 U.S.C. 1396r–8(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r–8/c&num=0&edition=prelim)] is based on the applicable percentage provided under section 1927(c)(3) of such Act. (ii) *“Over the counter drug” defined* — The term “over the counter drug” means a drug that may be sold without a prescription and which is prescribed by a physician (or other persons authorized to prescribe such drug under State law). (3) **Drugs provided under State medicaid plans** — Drugs described in this paragraph are drugs purchased by the entity for which payment is made by the State under the State plan for medical assistance under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.]. (4) **“Covered entity” defined** — In this section, the term “covered entity” means an entity that meets the requirements described in paragraph (5) and is one of the following: (A) A Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act [[42 U.S.C. 1396d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d&num=0&edition=prelim)(l)(2)(B)]). (B) An entity receiving a grant under section 256a 11 See References in Text note below. of this title. (C) A family planning project receiving a grant or contract under [section 300 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300&num=0&edition=prelim). (D) An entity receiving a grant under subpart II 1 of part C of subchapter XXIV (relating to categorical grants for outpatient early intervention services for HIV disease). (E) A State-operated AIDS drug purchasing assistance program receiving financial assistance under subchapter XXIV. (F) A black lung clinic receiving funds under [section 937(a) of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section937/a&num=0&edition=prelim). (G) A comprehensive hemophilia diagnostic treatment center receiving a grant under section 501(a)(2) of the Social Security Act [[42 U.S.C. 701(a)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a/2&num=0&edition=prelim)]. (H) A Native Hawaiian Health Center receiving funds under the Native Hawaiian Health Care Act of 1988. (I) An urban Indian organization receiving funds under title V of the Indian Health Care Improvement Act [[25 U.S.C. 1651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1651&num=0&edition=prelim) et seq.]. (J) Any entity receiving assistance under subchapter XXIV (other than a State or unit of local government or an entity described in subparagraph (D)), but only if the entity is certified by the Secretary pursuant to paragraph (7). (K) An entity receiving funds under [section 247c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247c&num=0&edition=prelim) (relating to treatment of sexually transmitted diseases) or section 247b(j)(2) 1 of this title (relating to treatment of tuberculosis) through a State or unit of local government, but only if the entity is certified by the Secretary pursuant to paragraph (7). (L) A subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act [[42 U.S.C. 1395ww(d)(1)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395ww/d/1/B&num=0&edition=prelim)]) that— (i) is owned or operated by a unit of State or local government, is a public or private non-profit corporation which is formally granted governmental powers by a unit of State or local government, or is a private non-profit hospital which has a contract with a State or local government to provide health care services to low income individuals who are not entitled to benefits under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.] or eligible for assistance under the State plan under this subchapter; (ii) for the most recent cost reporting period that ended before the calendar quarter involved, had a disproportionate share adjustment percentage (as determined under section 1886(d)(5)(F) of the Social Security Act [[42 U.S.C. 1395ww(d)(5)(F)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395ww/d/5/F&num=0&edition=prelim)]) greater than 11.75 percent or was described in section 1886(d)(5)(F)(i)(II) of such Act [[42 U.S.C. 1395ww(d)(5)(F)(i)(II)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395ww/d/5/F/i/II&num=0&edition=prelim)]; and (iii) does not obtain covered outpatient drugs through a group purchasing organization or other group purchasing arrangement. (M) A children’s hospital excluded from the Medicare prospective payment system pursuant to section 1886(d)(1)(B)(iii) of the Social Security Act [[42 U.S.C. 1395ww(d)(1)(B)(iii)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395ww/d/1/B/iii&num=0&edition=prelim)], or a free-standing cancer hospital excluded from the Medicare prospective payment system pursuant to section 1886(d)(1)(B)(v) of the Social Security Act, that would meet the requirements of subparagraph (L), including the disproportionate share adjustment percentage requirement under clause (ii) of such subparagraph, if the hospital were a subsection (d) hospital as defined by section 1886(d)(1)(B) of the Social Security Act. (N) An entity that is a critical access hospital (as determined under section 1820(c)(2) of the Social Security Act [[42 U.S.C. 1395i–4(c)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395i–4/c/2&num=0&edition=prelim)]), and that meets the requirements of subparagraph (L)(i). (O) An entity that is a rural referral center, as defined by section 1886(d)(5)(C)(i) of the Social Security Act [[42 U.S.C. 1395ww(d)(5)(C)(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395ww/d/5/C/i&num=0&edition=prelim)], or a sole community hospital, as defined by section 1886(d)(5)(C)(iii) of such Act, and that both meets the requirements of subparagraph (L)(i) and has a disproportionate share adjustment percentage equal to or greater than 8 percent. (5) **Requirements for covered entities** (A) *Prohibiting duplicate discounts or rebates* (i) *In general* — A covered entity shall not request payment under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.] for medical assistance described in section 1905(a)(12) of such Act [[42 U.S.C. 1396d(a)(12)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/a/12&num=0&edition=prelim)] with respect to a drug that is subject to an agreement under this section if the drug is subject to the payment of a rebate to the State under section 1927 of such Act [[42 U.S.C. 1396r–8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-8&num=0&edition=prelim)]. (ii) *Establishment of mechanism* — The Secretary shall establish a mechanism to ensure that covered entities comply with clause (i). If the Secretary does not establish a mechanism within 12 months under the previous sentence, the requirements of section 1927(a)(5)(C) of the Social Security Act [[42 U.S.C. 1396r–8(a)(5)(C)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r–8/a/5/C&num=0&edition=prelim)] shall apply. (B) *Prohibiting resale of drugs* — With respect to any covered outpatient drug that is subject to an agreement under this subsection, a covered entity shall not resell or otherwise transfer the drug to a person who is not a patient of the entity. (C) *Auditing* — A covered entity shall permit the Secretary and the manufacturer of a covered outpatient drug that is subject to an agreement under this subsection with the entity (acting in accordance with procedures established by the Secretary relating to the number, duration, and scope of audits) to audit at the Secretary’s or the manufacturer’s expense the records of the entity that directly pertain to the entity’s compliance with the requirements described in subparagraphs 22 So in original. Probably should be “subparagraph”. (A) or (B) with respect to drugs of the manufacturer. (D) *Additional sanction for noncompliance* — If the Secretary finds, after audit as described in subparagraph (C) and after notice and hearing, that a covered entity is in violation of a requirement described in subparagraphs 2 (A) or (B), the covered entity shall be liable to the manufacturer of the covered outpatient drug that is the subject of the violation in an amount equal to the reduction in the price of the drug (as described in subparagraph (A)) provided under the agreement between the entity and the manufacturer under this paragraph. (6) **Treatment of distinct units of hospitals** — In the case of a covered entity that is a distinct part of a hospital, the hospital shall not be considered a covered entity under this paragraph unless the hospital is otherwise a covered entity under this subsection. (7) **Certification of certain covered entities** (A) *Development of process* — Not later than 60 days after November 4, 1992, the Secretary shall develop and implement a process for the certification of entities described in subparagraphs (J) and (K) of paragraph (4). (B) *Inclusion of purchase information* — The process developed under subparagraph (A) shall include a requirement that an entity applying for certification under this paragraph submit information to the Secretary concerning the amount such entity expended for covered outpatient drugs in the preceding year so as to assist the Secretary in evaluating the validity of the entity’s subsequent purchases of covered outpatient drugs at discounted prices. (C) *Criteria* — The Secretary shall make available to all manufacturers of covered outpatient drugs a description of the criteria for certification under this paragraph. (D) *List of purchasers and dispensers* — The certification process developed by the Secretary under subparagraph (A) shall include procedures under which each State shall, not later than 30 days after the submission of the descriptions under subparagraph (C), prepare and submit a report to the Secretary that contains a list of entities described in subparagraphs (J) and (K) of paragraph (4) that are located in the State. (E) *Recertification* — The Secretary shall require the recertification of entities certified pursuant to this paragraph on a not more frequent than annual basis, and shall require that such entities submit information to the Secretary to permit the Secretary to evaluate the validity of subsequent purchases by such entities in the same manner as that required under subparagraph (B). (8) **Development of prime vendor program** — The Secretary shall establish a prime vendor program under which covered entities may enter into contracts with prime vendors for the distribution of covered outpatient drugs. If a covered entity obtains drugs directly from a manufacturer, the manufacturer shall be responsible for the costs of distribution. (9) **Notice to manufacturers** — The Secretary shall notify manufacturers of covered outpatient drugs and single State agencies under section 1902(a)(5) of the Social Security Act [[42 U.S.C. 1396a(a)(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/5&num=0&edition=prelim)] of the identities of covered entities under this paragraph, and of entities that no longer meet the requirements of paragraph (5) or that are no longer certified pursuant to paragraph (7). (10) **No prohibition on larger discount** — Nothing in this subsection shall prohibit a manufacturer from charging a price for a drug that is lower than the maximum price that may be charged under paragraph (1). **(b) Other definitions** (1) **In general** — In this section, the terms “average manufacturer price”, “covered outpatient drug”, and “manufacturer” have the meaning given such terms in section 1927(k) of the Social Security Act [[42 U.S.C. 1396r–8(k)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r–8/k&num=0&edition=prelim)]. (2) **Covered drug** — In this section, the term “covered drug”— (A) means a covered outpatient drug (as defined in section 1927(k)(2) of the Social Security Act [[42 U.S.C. 1396r–8(k)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r–8/k/2&num=0&edition=prelim)]); and (B) includes, notwithstanding paragraph (3)(A) of section 1927(k) of such Act [[42 U.S.C. 1396r–8(k)(3)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r–8/k/3/A&num=0&edition=prelim)], a drug used in connection with an inpatient or outpatient service provided by a hospital described in subparagraph (L), (M), (N), or (O) of subsection (a)(4) that is enrolled to participate in the drug discount program under this section. **(c) Repealed. Pub. L. 111–152, title II, § 2302(2), Mar. 30, 2010, 124 Stat. 1083** **(d) Improvements in program integrity** (1) **Manufacturer compliance** (A) *In general* — From amounts appropriated under paragraph (4), the Secretary shall provide for improvements in compliance by manufacturers with the requirements of this section in order to prevent overcharges and other violations of the discounted pricing requirements specified in this section. (B) *Improvements* — The improvements described in subparagraph (A) shall include the following: (i) The development of a system to enable the Secretary to verify the accuracy of ceiling prices calculated by manufacturers under subsection (a)(1) and charged to covered entities, which shall include the following: (I) Developing and publishing through an appropriate policy or regulatory issuance, precisely defined standards and methodology for the calculation of ceiling prices under such subsection. (II) Comparing regularly the ceiling prices calculated by the Secretary with the quarterly pricing data that is reported by manufacturers to the Secretary. (III) Performing spot checks of sales transactions by covered entities. (IV) Inquiring into the cause of any pricing discrepancies that may be identified and either taking, or requiring manufacturers to take, such corrective action as is appropriate in response to such price discrepancies. (ii) The establishment of procedures for manufacturers to issue refunds to covered entities in the event that there is an overcharge by the manufacturers, including the following: (I) Providing the Secretary with an explanation of why and how the overcharge occurred, how the refunds will be calculated, and to whom the refunds will be issued. (II) Oversight by the Secretary to ensure that the refunds are issued accurately and within a reasonable period of time, both in routine instances of retroactive adjustment to relevant pricing data and exceptional circumstances such as erroneous or intentional overcharging for covered outpatient drugs. (iii) The provision of access through the Internet website of the Department of Health and Human Services to the applicable ceiling prices for covered outpatient drugs as calculated and verified by the Secretary in accordance with this section, in a manner (such as through the use of password protection) that limits such access to covered entities and adequately assures security and protection of privileged pricing data from unauthorized re-disclosure. (iv) The development of a mechanism by which— (I) rebates and other discounts provided by manufacturers to other purchasers subsequent to the sale of covered outpatient drugs to covered entities are reported to the Secretary; and (II) appropriate credits and refunds are issued to covered entities if such discounts or rebates have the effect of lowering the applicable ceiling price for the relevant quarter for the drugs involved. (v) Selective auditing of manufacturers and wholesalers to ensure the integrity of the drug discount program under this section. (vi) The imposition of sanctions in the form of civil monetary penalties, which— (I) shall be assessed according to standards established in regulations to be promulgated by the Secretary not later than 180 days after March 23, 2010; (II) shall not exceed $5,000 for each instance of overcharging a covered entity that may have occurred; and (III) shall apply to any manufacturer with an agreement under this section that knowingly and intentionally charges a covered entity a price for purchase of a drug that exceeds the maximum applicable price under subsection (a)(1). (2) **Covered entity compliance** (A) *In general* — From amounts appropriated under paragraph (4), the Secretary shall provide for improvements in compliance by covered entities with the requirements of this section in order to prevent diversion and violations of the duplicate discount provision and other requirements specified under subsection (a)(5). (B) *Improvements* — The improvements described in subparagraph (A) shall include the following: (i) The development of procedures to enable and require covered entities to regularly update (at least annually) the information on the Internet website of the Department of Health and Human Services relating to this section. (ii) The development of a system for the Secretary to verify the accuracy of information regarding covered entities that is listed on the website described in clause (i). (iii) The development of more detailed guidance describing methodologies and options available to covered entities for billing covered outpatient drugs to State Medicaid agencies in a manner that avoids duplicate discounts pursuant to subsection (a)(5)(A). (iv) The establishment of a single, universal, and standardized identification system by which each covered entity site can be identified by manufacturers, distributors, covered entities, and the Secretary for purposes of facilitating the ordering, purchasing, and delivery of covered outpatient drugs under this section, including the processing of chargebacks for such drugs. (v) The imposition of sanctions, in appropriate cases as determined by the Secretary, additional to those to which covered entities are subject under subsection (a)(5)(D), through one or more of the following actions: (I) Where a covered entity knowingly and intentionally violates subsection (a)(5)(B), the covered entity shall be required to pay a monetary penalty to a manufacturer or manufacturers in the form of interest on sums for which the covered entity is found liable under subsection (a)(5)(D), such interest to be compounded monthly and equal to the current short term interest rate as determined by the Federal Reserve for the time period for which the covered entity is liable. (II) Where the Secretary determines a violation of subsection (a)(5)(B) was systematic and egregious as well as knowing and intentional, removing the covered entity from the drug discount program under this section and disqualifying the entity from re-entry into such program for a reasonable period of time to be determined by the Secretary. (III) Referring matters to appropriate Federal authorities within the Food and Drug Administration, the Office of Inspector General of Department of Health and Human Services, or other Federal agencies for consideration of appropriate action under other Federal statutes, such as the Prescription Drug Marketing Act ([21 U.S.C. 353](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section353&num=0&edition=prelim)).1 (3) **Administrative dispute resolution process** (A) *In general* — Not later than 180 days after March 23, 2010, the Secretary shall promulgate regulations to establish and implement an administrative process for the resolution of claims by covered entities that they have been overcharged for drugs purchased under this section, and claims by manufacturers, after the conduct of audits as authorized by subsection (a)(5)(C), of violations of subsections 33 So in original. Probably should be “subsection”. (a)(5)(A) or (a)(5)(B), including appropriate procedures for the provision of remedies and enforcement of determinations made pursuant to such process through mechanisms and sanctions described in paragraphs (1)(B) and (2)(B). (B) *Deadlines and procedures* — Regulations promulgated by the Secretary under subparagraph (A) shall— (i) designate or establish a decision-making official or decision-making body within the Department of Health and Human Services to be responsible for reviewing and finally resolving claims by covered entities that they have been charged prices for covered outpatient drugs in excess of the ceiling price described in subsection (a)(1), and claims by manufacturers that violations of subsection (a)(5)(A) or (a)(5)(B) have occurred; (ii) establish such deadlines and procedures as may be necessary to ensure that claims shall be resolved fairly, efficiently, and expeditiously; (iii) establish procedures by which a covered entity may discover and obtain such information and documents from manufacturers and third parties as may be relevant to demonstrate the merits of a claim that charges for a manufacturer’s product have exceeded the applicable ceiling price under this section, and may submit such documents and information to the administrative official or body responsible for adjudicating such claim; (iv) require that a manufacturer conduct an audit of a covered entity pursuant to subsection (a)(5)(C) as a prerequisite to initiating administrative dispute resolution proceedings against a covered entity; (v) permit the official or body designated under clause (i), at the request of a manufacturer or manufacturers, to consolidate claims brought by more than one manufacturer against the same covered entity where, in the judgment of such official or body, consolidation is appropriate and consistent with the goals of fairness and economy of resources; and (vi) include provisions and procedures to permit multiple covered entities to jointly assert claims of overcharges by the same manufacturer for the same drug or drugs in one administrative proceeding, and permit such claims to be asserted on behalf of covered entities by associations or organizations representing the interests of such covered entities and of which the covered entities are members. (C) *Finality of administrative resolution* — The administrative resolution of a claim or claims under the regulations promulgated under subparagraph (A) shall be a final agency decision and shall be binding upon the parties involved, unless invalidated by an order of a court of competent jurisdiction. (4) **Authorization of appropriations** — There are authorized to be appropriated to carry out this subsection, such sums as may be necessary for fiscal year 2010 and each succeeding fiscal year. **(e) Exclusion of orphan drugs for certain covered entities** For covered entities described in subparagraph (M) (other than a children’s hospital described in subparagraph (M)), (N), or (O) of subsection (a)(4), the term “covered outpatient drug” shall not include a drug designated by the Secretary under [section 360bb of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360bb&num=0&edition=prelim) for a rare disease or condition.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1651 — Access to Federal insurance

Notwithstanding the provisions of title 5, Executive order, or administrative regulation, an Indian tribe or tribal organization carrying out programs under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.) or the Tribally Controlled Schools Act of 1988 ([25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.) or an urban Indian organization carrying out programs under subchapter IV of this chapter shall be entitled to purchase coverage, rights, and benefits for the employees of such Indian tribe or tribal organization, or urban Indian organization, under chapter 89 of title 5 and chapter 87 of such title if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with such Indian tribe or tribal organization, or urban Indian organization, are currently deposited in the applicable Employee’s Fund under such title.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1651 — Purpose

§ 1651. Purpose The purpose of this subchapter is to establish programs in urban centers to make health serv- ices more accessible to urban Indians. (Pub. L. 94–437, title V, § 501, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4820.) Editorial Notes PRIOR PROVISIONS A prior section 1651, Pub. L. 94–437, title V, § 501, Sept. 30, 1976, 90 Stat. 1410; Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3176, related to Congressional statement of pur- pose, prior to the general revision of this subchapter by Pub. L. 100–713. Page 310 TITLE 25—INDIANS § 1652 § 1652. Contracts with, and grants to, urban In- dian organizations (a) In general Pursuant to section 13 of this title, the Sec- retary, acting through the Service, shall enter into contracts with, or make grants to, urban Indian organizations to assist the urban Indian organizations in the establishment and adminis- tration, within urban centers, of programs that meet the requirements of this subchapter. (b) Conditions Subject to section 1656 of this title, the Sec- retary, acting through the Service, shall include such conditions as the Secretary considers nec- essary to effect the purpose of this subchapter in any contract into which the Secretary enters with, or in any grant the Secretary makes to, any urban Indian organization pursuant to this subchapter. (Pub. L. 94–437, title V, § 502, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4820; amended Pub. L. 102–573, title V, § 501(a), Oct. 29, 1992, 106 Stat. 4567; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Amendment by Pub. L. 111–148 is based on section 163(b) of title I of S. 1790, One Hundred Eleventh Con- gress, as reported by the Committee

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1651

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395ww — Studies and recommendations

**(a) Health care of the aged and disabled** The Secretary shall carry on studies and develop recommendations to be submitted from time to time to the Congress relating to health care of the aged and the disabled, including studies and recommendations concerning (1) the adequacy of existing personnel and facilities for health care for purposes of the programs under parts A and B of this subchapter; (2) methods for encouraging the further development of efficient and economical forms of health care which are a constructive alternative to inpatient hospital care; and (3) the effects of the deductibles and coinsurance provisions upon beneficiaries, persons who provide health services, and the financing of the program. **(b) Operation and administration of insurance programs** The Secretary shall make a continuing study of the operation and administration of this subchapter (including a validation of the accreditation process of national accreditation bodies under [section 1395bb(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395bb/a&num=0&edition=prelim) 11 So in original. Probably should be followed by a comma. the operation and administration of health maintenance organizations authorized by section 226 of the Social Security Amendments of 1972 [[42 U.S.C. 1395mm](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395mm&num=0&edition=prelim)], the experiments and demonstration projects authorized by section 402 of the Social Security Amendments of 1967 [[42 U.S.C. 1395b–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395b-1&num=0&edition=prelim)] and the experiments and demonstration projects authorized by section 222(a) of the Social Security Amendments of 1972 [[4

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395ww

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395ww — Payments to hospitals for inpatient

§ 1395ww. Payments to hospitals for inpatient hospital services (a) Determination of costs for inpatient hospital services; limitations; exemptions; ‘‘operating costs of inpatient hospital services’’ defined (1)(A)(i) The Secretary, in determining the amount of the payments that may be made under this subchapter with respect to operating costs of inpatient hospital services (as defined in paragraph (4)) shall not recognize as reasonable (in the efficient delivery of health services) costs for the provision of such services by a hos- pital for a cost reporting period to the extent such costs exceed the applicable percentage (as determined under clause (ii)) of the average of such costs for all hospitals in the same grouping as such hospital for comparable time periods. (ii) For purposes of clause (i), the applicable percentage for hospital cost reporting periods beginning— (I) on or after October 1, 1982, and before Oc- tober 1, 1983, is 120 percent; (II) on or after October 1, 1983, and before Oc- tober 1, 1984, is 115 percent; and (III) on or after October 1, 1984, is 110 per- cent. (B)(i) For purposes of subparagraph (A) the Secretary shall establish case mix indexes for Page 3808 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395ww all short-term hospitals, and shall set limits for each hospital based upon the general mix of types of medical cases with respect to which such hospital provides services for which pay- ment may be made under this subchapter. (ii) The Secretary shall set such limits for a cost reporting period of a hospital— (I) by updating available data for a previous period to the immediate preceding cost report- ing period by the estimated average rate of change of hospital costs industry-wide, and (II) by projecting for th

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395ww

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395ww. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access Commission

**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”). **(b) Duties** (1) **Review of access policies for all States and annual reports** — MACPAC shall— (A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs. (2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following: (A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access

§ 1396. Medicaid and CHIP Payment and Access Commission (a) Establishment There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as ‘‘MACPAC’’). (b) Duties (1) Review of access policies for all States and annual reports MACPAC shall— (A) review policies of the Medicaid pro- gram established under this subchapter (in this section referred to as ‘‘Medicaid’’) and the State Children’s Health Insurance Pro- gram established under subchapter XXI (in this section referred to as ‘‘CHIP’’) affecting access to covered items and services, includ- ing topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such re- views and MACPAC’s recommendations con- cerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, includ- ing the implications of changes in health care delivery in the United States and in the market for health care services on such pro- grams. (2) Specific topics to be reviewed Specifically, MACPAC shall review and as- sess the following: (A) Medicaid and CHIP payment policies Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and serv- ices in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health ce

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396d — Definitions

For purposes of this subchapter— **(a) Medical assistance** The term “medical assistance” means payment of part or all of the cost of the following care and services or the care and services themselves, or both (if provided in or after the third month before the month in which the recipient makes application for assistance or, in the case of medicare cost-sharing with respect to a qualified medicare beneficiary described in subsection (p)(1), if provided after the month in which the individual becomes such a beneficiary) for individuals, and, with respect to physicians’ or dentists’ services, at the option of the State, to individuals (other than individuals with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with respect to them a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in [section 1396a(a)(10)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/10/A&num=0&edition=prelim)) not receiving aid or assistance under any plan of the State approved under subchapter I, X, XIV, or XVI, or part A of subchapter IV, and with respect to whom supplemental security income benefits are not being paid under subchapter XVI, who are— (i) under the age of 21, or, at the option of the State, under the age of 20, 19, or 18 as the State may choose, (ii) relatives specified in section 606(b)(1) 11 See References in Text note below. of this title with whom a child is living if such child is (or would, if needy, be) a dependent child under part A of subchapter IV, (iii) 65 years of age or older, (iv) blind, with respect to Sta

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396d

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396d. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396d — Definitions

§ 1396d. Definitions For purposes of this subchapter— (a) Medical assistance The term ‘‘medical assistance’’ means pay- ment of part or all of the cost of the following care and services or the care and services them- selves, or both (if provided in or after the third month before the month in which the recipient makes application for assistance or, in the case of medicare cost-sharing with respect to a quali- fied medicare beneficiary described in sub- section (p)(1), if provided after the month in which the individual becomes such a bene- ficiary) for individuals, and, with respect to phy- sicians’ or dentists’ services, at the option of the State, to individuals (other than individuals with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with re- spect to them a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical as- sistance made available to individuals described in section 1396a(a)(10)(A) of this title) not receiv- ing aid or assistance under any plan of the State approved under subchapter I, X, XIV, or XVI, or part A of subchapter IV, and with respect to whom supplemental security income benefits are not being paid under subchapter XVI, who are— (i) under the age of 21, or, at the option of the State, under the age of 20, 19, or 18 as the State may choose, (ii) relatives specified in section 606(b)(1) 1 of this title with whom a child is living if such child is (or would, if needy, be) a dependent child under part A of subchapter IV, (iii) 65 years of age or older, (iv) blind, with respect to States eligible to participate in the State plan program estab- lished under subchapter XVI

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396d

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396d. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396r — Requirements for nursing facilities

**(a) “Nursing facility” defined** In this subchapter, the term “nursing facility” means an institution (or a distinct part of an institution) which— (1) is primarily engaged in providing to residents— (A) skilled nursing care and related services for residents who require medical or nursing care, (B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons, or (C) on a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services (above the level of room and board) which can be made available to them only through institutional facilities, and is not primarily for the care and treatment of mental diseases; (2) has in effect a transfer agreement (meeting the requirements of section 1395x(l) of this title) with one or more hospitals having agreements in effect under [section 1395cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395cc&num=0&edition=prelim); and (3) meets the requirements for a nursing facility described in subsections (b), (c), and (d) of this section. Such term also includes any facility which is located in a State on an Indian reservation and is certified by the Secretary as meeting the requirements of paragraph (1) and subsections (b), (c), and (d). **(b) Requirements relating to provision of services** (1) **Quality of life** (A) *In general* — A nursing facility must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident. (B) *Quality assessment and assurance* — A nursing facility must maintain a quality assessment and assurance committee, consisting of the director of nursing services, a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396r

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396r. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396r — Requirements for nursing facilities

§ 1396r. Requirements for nursing facilities (a) ‘‘Nursing facility’’ defined In this subchapter, the term ‘‘nursing facility’’ means an institution (or a distinct part of an in- stitution) which— (1) is primarily engaged in providing to resi- dents— (A) skilled nursing care and related serv- ices for residents who require medical or nursing care, (B) rehabilitation services for the rehabili- tation of injured, disabled, or sick persons, or (C) on a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services (above the level of room and board) which can be made available to them only through institutional facilities, and is not primarily for the care and treat- ment of mental diseases; (2) has in effect a transfer agreement (meet- ing the requirements of section 1395x(l) of this title) with one or more hospitals having agree- ments in effect under section 1395cc of this title; and (3) meets the requirements for a nursing fa- cility described in subsections (b), (c), and (d) of this section. Such term also includes any facility which is lo- cated in a State on an Indian reservation and is certified by the Secretary as meeting the re- quirements of paragraph (1) and subsections (b), (c), and (d). (b) Requirements relating to provision of serv- ices (1) Quality of life (A) In general A nursing facility must care for its resi- dents in such a manner and in such an envi- ronment as will promote maintenance or en- hancement of the quality of life of each resi- dent. (B) Quality assessment and assurance A nursing facility must maintain a quality assessment and assurance committee, con- sisting of the director of nursing services, a physician designated by the facility, an

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396r

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396r. This identifies an authority to review, not proof of applicability.