42 U.S.C. § 1396d — Definitions

Page 4178 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396c 1 See References in Text note below. title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] the regulations promulgated pursu- ant to section 1886(d)(4)(D) of such Act (42 U.S.C. 1395ww(d)(4)(D)) relating to the prohibition of payments based on the presence of a secondary diagnosis code specified by the Secretary in such regulations, as appropriate for the Medicaid pro- gram. The Secretary may exclude certain condi- tions identified under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] for non-pay- ment under title XIX of such Act when the Sec- retary finds the inclusion of such conditions to be inapplicable to beneficiaries under title XIX. (Pub. L. 111–148, title II, § 2702, Mar. 23, 2010, 124 Stat. 318.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (c), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to this subchapter. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of this chapter. For complete clas- sification of this Act to the Code, see section 1305 of this title and Tables. CODIFICATION Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Social Security Act which comprises this chapter. § 1396c. Operation of State plans If the Secretary, after reasonable notice and opportunity for hearing to the State agency ad- ministering or supervising the administration of the State plan approved under this subchapter, finds— (1) that the plan has been so changed that it no longer complies with the provisions of sec- tion 1396a of this title; or (2) that in the administration of the plan there is a failure to comply substantially with any such provision; the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure), until the Secretary is satisfied that there will no longer be any such failure to comply. Until he is so satisfied he shall make no further payments to such State (or shall limit payments to cat- egories under or parts of the State plan not af- fected by such failure). (Aug. 14, 1935, ch. 531, title XIX, § 1904, as added Pub. L. 89–97, title I, § 121(a), July 30, 1965, 79 Stat. 351.) Editorial Notes CONSTITUTIONALITY For information regarding the constitutionality of section 121(a) of Pub. L. 89–97, enacting this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Anno- tated website, constitution.congress.gov. § 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, (v) 18 years of age or older and permanently and totally disabled, with respect to States el- igible to participate in the State plan program established under subchapter XVI, (vi) persons essential (as described in the second sentence of this subsection) to individ- uals receiving aid or assistance under State plans approved under subchapter I, X, XIV, or XVI, (vii) blind or disabled as defined in section 1382c of this title, with respect to States not eligible to participate in the State plan pro- gram established under subchapter XVI, (viii) pregnant women, (ix) individuals provided extended benefits under section 1396r–6 of this title, (x) individuals described in section 1396a(u)(1) of this title, (xi) individuals described in section 1396a(z)(1) of this title, (xii) employed individuals with a medically improved disability (as defined in subsection (v)), (xiii) individuals described in section 1396a(aa) of this title, (xiv) individuals described in section 1396a(a)(10)(A)(i)(VIII) or 1396a(a)(10)(A)(i)(IX) of this title, (xv) individuals described in section 1396a(a)(10)(A)(ii)(XX) of this title, Page 4179 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d 2 So in original. The word ‘‘and’’ probably should not appear. (xvi) individuals described in section 1396a(ii) of this title, or (xvii) individuals who are eligible for home and community-based services under needs- based criteria established under paragraph (1)(A) of section 1396n(i) of this title, or who are eligible for home and community-based services under paragraph (6) of such section, and who will receive home and community- based services pursuant to a State plan amendment under such subsection, but whose income and resources are insufficient to meet all of such cost— (1) inpatient hospital services (other than services in an institution for mental diseases); (2)(A) outpatient hospital services, (B) con- sistent with State law permitting such serv- ices, rural health clinic services (as defined in subsection (l)(1)) and any other ambulatory services which are offered by a rural health clinic (as defined in subsection (l)(1)) and which are otherwise included in the plan, and (C) Federally-qualified health center services (as defined in subsection (l)(2)) and any other ambulatory services offered by a Federally- qualified health center and which are other- wise included in the plan; (3)(A) other laboratory and X-ray services; and (B) in vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) administered during any portion of the emergency period defined in paragraph (1)(B) of section 1320b–5(g) of this title begin- ning on or after March 18, 2020, for the detec- tion of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, and the adminis- tration of such in vitro diagnostic products; (4)(A) nursing facility services (other than services in an institution for mental diseases) for individuals 21 years of age or older; (B) early and periodic screening, diagnostic, and treatment services (as defined in subsection (r)) for individuals who are eligible under the plan and are under the age of 21; (C) family planning services and supplies furnished (di- rectly or under arrangements with others) to individuals of child-bearing age (including mi- nors who can be considered to be sexually ac- tive) who are eligible under the State plan and who desire such services and supplies; and 2 (D) counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in subsection (bb)); and 2 (E) during the period beginning on March 11, 2021, and ending on the last day of the first calendar quarter that be- gins one year after the last day of the emer- gency period described in section 1320b–5(g)(1)(B) of this title, a COVID–19 vac- cine and administration of the vaccine; and (F) during the period beginning on March 11, 2021, and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in section 1320b–5(g)(1)(B) of this title, testing and treatments for COVID–19, including spe- cialized equipment and therapies (including preventive therapies), and, without regard to the requirements of section 1396a(a)(10)(B) of this title (relating to comparability), in the case of an individual who is diagnosed with or presumed to have COVID–19, during the period such individual has (or is presumed to have) COVID–19, the treatment of a condition that may seriously complicate the treatment of COVID–19, if otherwise covered under the State plan (or waiver of such plan); (5)(A) physicians’ services furnished by a physician (as defined in section 1395x(r)(1) of this title), whether furnished in the office, the patient’s home, a hospital, or a nursing facil- ity, or elsewhere, and (B) medical and surgical services furnished by a dentist (described in section 1395x(r)(2) of this title) to the extent such services may be performed under State law either by a doctor of medicine or by a doc- tor of dental surgery or dental medicine and would be described in clause (A) if furnished by a physician (as defined in section 1395x(r)(1) of this title); (6) medical care, or any other type of reme- dial care recognized under State law, fur- nished by licensed practitioners within the scope of their practice as defined by State law; (7) home health care services; (8) private duty nursing services; (9) clinic services furnished by or under the direction of a physician, without regard to whether the clinic itself is administered by a physician, including such services furnished outside the clinic by clinic personnel to an eli- gible individual who does not reside in a per- manent dwelling or does not have a fixed home or mailing address; (10) dental services; (11) physical therapy and related services; (12) prescribed drugs, dentures, and pros- thetic devices; and eyeglasses prescribed by a physician skilled in diseases of the eye or by an optometrist, whichever the individual may select; (13) other diagnostic, screening, preventive, and rehabilitative services, including— (A) any clinical preventive services that are assigned a grade of A or B by the United States Preventive Services Task Force; (B) with respect to an adult individual, ap- proved vaccines recommended by the Advi- sory Committee on Immunization Practices (an advisory committee established by the Secretary, acting through the Director of the Centers for Disease Control and Preven- tion) and their administration; and (C) any medical or remedial services (pro- vided in a facility, a home, or other setting) recommended by a physician or other li- censed practitioner of the healing arts with- in the scope of their practice under State law, for the maximum reduction of physical or mental disability and restoration of an individual to the best possible functional level; (14) inpatient hospital services and nursing facility services for individuals 65 years of age or over in an institution for mental diseases; (15) services in an intermediate care facility for the mentally retarded (other than in an in- stitution for mental diseases) for individuals who are determined, in accordance with sec- Page 4180 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d tion 1396a(a)(31) of this title, to be in need of such care; (16)(A) effective January 1, 1973, inpatient psychiatric hospital services for individuals under age 21, as defined in subsection (h), and, (B) for individuals receiving services described in subparagraph (A), early and periodic screen- ing, diagnostic, and treatment services (as de- fined in subsection (r)), whether or not such screening, diagnostic, and treatment services are furnished by the provider of the services described in such subparagraph; (17) services furnished by a nurse-midwife (as defined in section 1395x(gg) of this title) which the nurse-midwife is legally authorized to per- form under State law (or the State regulatory mechanism provided by State law), whether or not the nurse-midwife is under the supervision of, or associated with, a physician or other health care provider, and without regard to whether or not the services are performed in the area of management of the care of mothers and babies throughout the maternity cycle; (18) hospice care (as defined in subsection (o)); (19) case management services (as defined in section 1396n(g)(2) of this title) and TB-related services described in section 1396a(z)(2)(F) of this title; (20) respiratory care services (as defined in section 1396a(e)(9)(C) of this title); (21) services furnished by a certified pedi- atric nurse practitioner or certified family nurse practitioner (as defined by the Sec- retary) which the certified pediatric nurse practitioner or certified family nurse practi- tioner is legally authorized to perform under State law (or the State regulatory mechanism provided by State law), whether or not the cer- tified pediatric nurse practitioner or certified family nurse practitioner is under the super- vision of, or associated with, a physician or other health care provider; (22) home and community care (to the extent allowed and as defined in section 1396t of this title) for functionally disabled elderly individ- uals; (23) community supported living arrange- ments services (to the extent allowed and as defined in section 1396u of this title); (24) personal care services furnished to an in- dividual who is not an inpatient or resident of a hospital, nursing facility, intermediate care facility for the mentally retarded, or institu- tion for mental disease that are (A) authorized for the individual by a physician in accordance with a plan of treatment or (at the option of the State) otherwise authorized for the indi- vidual in accordance with a service plan ap- proved by the State, (B) provided by an indi- vidual who is qualified to provide such serv- ices and who is not a member of the individ- ual’s family, and (C) furnished in a home or other location; (25) primary care case management services (as defined in subsection (t)); (26) services furnished under a PACE pro- gram under section 1396u–4 of this title to PACE program eligible individuals enrolled under the program under such section; (27) subject to subsection (x), primary and secondary medical strategies and treatment and services for individuals who have Sickle Cell Disease; (28) freestanding birth center services (as de- fined in subsection (l)(3)(A)) and other ambula- tory services that are offered by a free- standing birth center (as defined in subsection (l)(3)(B)) and that are otherwise included in the plan; (29) subject to paragraphs (2) and (3) of sub- section (ee), beginning on October 1, 2020, medication-assisted treatment (as defined in paragraph (1) of such subsection); (30) subject to subsection (gg), routine pa- tient costs for items and services furnished in connection with participation in a qualifying clinical trial (as defined in such subsection); (31) certified community behavioral health clinic services, as defined in subsection (jj); and (32) any other medical care, and any other type of remedial care recognized under State law, specified by the Secretary, except as otherwise provided in paragraph (16), such term does not include— (A) any such payments with respect to care or services for any individual who is an inmate of a public institution (except as a patient in a medical institution, or in the case of an eli- gible juvenile described in section 1396a(a)(84)(D) of this title with respect to the screenings, diagnostic services, referrals, and targeted case management services required under such section, or, at the option of the State, for an individual who is an eligible ju- venile (as defined in section 1396a(nn)(2) of this title), while such individual is an inmate of a public institution (as defined in section 1396a(nn)(3) of this title) pending disposition of charges); or (B) any such payments with respect to care or services for any individual who has not at- tained 65 years of age and who is a patient in an institution for mental diseases (except in the case of services provided under a State plan amendment described in section 1396n(l) of this title). For purposes of clause (vi) of the preceding sen- tence, a person shall be considered essential to another individual if such person is the spouse of and is living with such individual, the needs of such person are taken into account in deter- mining the amount of aid or assistance fur- nished to such individual (under a State plan ap- proved under subchapter I, X, XIV, or XVI), and such person is determined, under such a State plan, to be essential to the well-being of such in- dividual. The payment described in the first sen- tence may include expenditures for medicare cost-sharing and for premiums under part B of subchapter XVIII for individuals who are eligi- ble for medical assistance under the plan and (A) are receiving aid or assistance under any plan of the State approved under subchapter I, X, XIV, or XVI, or part A of subchapter IV, or with re- spect to whom supplemental security income benefits are being paid under subchapter XVI, or (B) with respect to whom there is being paid a State supplementary payment and are eligible for medical assistance equal in amount, dura- tion, and scope to the medical assistance made Page 4181 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d available to individuals described in section 1396a(a)(10)(A) of this title, and, except in the case of individuals 65 years of age or older and disabled individuals entitled to health insurance benefits under subchapter XVIII who are not en- rolled under part B of subchapter XVIII, other insurance premiums for medical or any other type of remedial care or the cost thereof. No service (including counseling) shall be excluded from the definition of ‘‘medical assistance’’ sole- ly because it is provided as a treatment service for alcoholism or drug dependency. In the case of a woman who is eligible for medical assist- ance on the basis of being pregnant (including through the end of the month in which the 60- day period beginning on the last day of her preg- nancy ends), who is a patient in an institution for mental diseases for purposes of receiving treatment for a substance use disorder, and who was enrolled for medical assistance under the State plan immediately before becoming a pa- tient in an institution for mental diseases or who becomes eligible to enroll for such medical assistance while such a patient, the exclusion from the definition of ‘‘medical assistance’’ set forth in the subdivision (B) following the last numbered paragraph of the first sentence of this subsection shall not be construed as prohibiting Federal financial participation for medical as- sistance for items or services that are provided to the woman outside of the institution. (b) Federal medical assistance percentage; State percentage; Indian health care percentage Subject to subsections (y), (z), (aa), (ff), (hh), and (ii) and section 1396u–3(d) of this title, the term ‘‘Federal medical assistance percentage’’ for any State shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 45 per centum as the square of the per capita income of such State bears to the square of the per capita income of the continental United States (including Alaska) and Hawaii; except that (1) the Federal medical assistance percent- age shall in no case be less than 50 per centum or more than 83 per centum, (2) the Federal med- ical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Is- lands, and American Samoa shall be 55 percent, (3) for purposes of this subchapter and sub- chapter XXI, the Federal medical assistance per- centage for the District of Columbia shall be 70 percent, (4) the Federal medical assistance per- centage shall be equal to the enhanced FMAP described in section 1397ee(b) of this title with respect to medical assistance provided to indi- viduals who are eligible for such assistance only on the basis of section 1396a(a)(10)(A)(ii)(XVIII) of this title, (5) in the case of a State that pro- vides medical assistance for services described in subsection (a)(13)(A), and prohibits cost-shar- ing for such services, the Federal medical assist- ance percentage, as determined under this sub- section and subsection (y) (without regard to paragraph (1)(C) of such subsection), shall be in- creased by 1 percentage point with respect to medical assistance for such services and for items and services described in subsection (a)(4)(D), and (6) during the first 8 fiscal quarters beginning on or after the effective date of this clause, in the case of a State which, as of August 16, 2022, provides medical assistance for vaccines described in subsection (a)(13)(B) and their ad- ministration and prohibits cost-sharing for such vaccines, the Federal medical assistance per- centage, as determined under this subsection and subsection (y), shall be increased by 1 per- centage point with respect to medical assistance for such vaccines and their administration. The Federal medical assistance percentage for any State shall be determined and promulgated in accordance with the provisions of section 1301(a)(8)(B) of this title. Notwithstanding the first sentence of this section, the Federal med- ical assistance percentage shall be 100 per cen- tum with respect to amounts expended as med- ical assistance for services which are received through an Indian Health Service facility whether operated by the Indian Health Service or by an Indian tribe or tribal organization (as defined in section 4 of the Indian Health Care Improvement Act [25 U.S.C. 1603]); for the 8 fis- cal year quarters beginning with the first fiscal year quarter beginning after March 11, 2021, the Federal medical assistance percentage shall also be 100 per centum with respect to amounts ex- pended as medical assistance for services which are received through an Urban Indian organiza- tion (as defined in paragraph (29) of section 4 of the Indian Health Care Improvement Act [25 U.S.C. 1603(29)]) that has a grant or contract with the Indian Health Service under title V of such Act [25 U.S.C. 1651 et seq.]; and, for such 8 fiscal year quarters, the Federal medical assist- ance percentage shall also be 100 per centum with respect to amounts expended as medical as- sistance for services which are received through a Native Hawaiian Health Center (as defined in section 11711(4) of this title) or a qualified entity (as defined in section 11705(b) of this title) that has a grant or contract with the Papa Ola Lokahi under section 11707 of this title. Not- withstanding the first sentence of this sub- section, in the case of a State plan that meets the condition described in subsection (u)(1), with respect to expenditures (other than expenditures under section 1396r–4 of this title) described in subsection (u)(2)(A) or subsection (u)(3) for the State for a fiscal year, and that do not exceed the amount of the State’s available allotment under section 1397dd of this title, the Federal medical assistance percentage is equal to the en- hanced FMAP described in section 1397ee(b) of this title. Notwithstanding the first sentence of this subsection, the Federal medical assistance percentage shall be 100 per centum with respect to (and, notwithstanding any other provision of this subchapter, available for) medical assist- ance provided to uninsured individuals (as de- fined in section 1396a(ss) of this title) who are el- igible for such assistance only on the basis of section 1396a(a)(10)(A)(ii)(XXIII) of this title and with respect to expenditures described in section 1396b(a)(7) of this title that a State dem- onstrates to the satisfaction of the Secretary are attributable to administrative costs related to providing for such medical assistance to such individuals under the State plan. (c) Nursing facility For definition of the term ‘‘nursing facility’’, see section 1396r(a) of this title. Page 4182 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d (d) Intermediate care facility for mentally re- tarded The term ‘‘intermediate care facility for the mentally retarded’’ means an institution (or dis- tinct part thereof) for the mentally retarded or persons with related conditions if— (1) the primary purpose of such institution (or distinct part thereof) is to provide health or rehabilitative services for mentally re- tarded individuals and the institution meets such standards as may be prescribed by the Secretary; (2) the mentally retarded individual with re- spect to whom a request for payment is made under a plan approved under this subchapter is receiving active treatment under such a pro- gram; and (3) in the case of a public institution, the State or political subdivision responsible for the operation of such institution has agreed that the non-Federal expenditures in any cal- endar quarter prior to January 1, 1975, with re- spect to services furnished to patients in such institution (or distinct part thereof) in the State will not, because of payments made under this subchapter, be reduced below the average amount expended for such services in such institution in the four quarters imme- diately preceding the quarter in which the State in which such institution is located elected to make such services available under its plan approved under this subchapter. (e) Physicians’ services In the case of any State the State plan of which (as approved under this subchapter)— (1) does not provide for the payment of serv- ices (other than services covered under section 1396a(a)(12) of this title) provided by an optom- etrist; but (2) at a prior period did provide for the pay- ment of services referred to in paragraph (1); the term ‘‘physicians’ services’’ (as used in sub- section (a)(5)) shall include services of the type which an optometrist is legally authorized to perform where the State plan specifically pro- vides that the term ‘‘physicians’ services’’, as employed in such plan, includes services of the type which an optometrist is legally authorized to perform, and shall be reimbursed whether fur- nished by a physician or an optometrist. (f) Nursing facility services For purposes of this subchapter, the term ‘‘nursing facility services’’ means services which are or were required to be given an individual who needs or needed on a daily basis nursing care (provided directly by or requiring the su- pervision of nursing personnel) or other rehabili- tation services which as a practical matter can only be provided in a nursing facility on an in- patient basis. (g) Chiropractors’ services If the State plan includes provision of chiro- practors’ services, such services include only— (1) services provided by a chiropractor (A) who is licensed as such by the State and (B) who meets uniform minimum standards pro- mulgated by the Secretary under section 1395x(r)(5) of this title; and (2) services which consist of treatment by means of manual manipulation of the spine which the chiropractor is legally authorized to perform by the State. (h) Inpatient psychiatric hospital services for in- dividuals under age 21 (1) For purposes of paragraph (16) of subsection (a), the term ‘‘inpatient psychiatric hospital services for individuals under age 21’’ includes only— (A) inpatient services which are provided in an institution (or distinct part thereof) which is a psychiatric hospital as defined in section 1395x(f) of this title or in another inpatient setting that the Secretary has specified in reg- ulations; (B) inpatient services which, in the case of any individual (i) involve active treatment which meets such standards as may be pre- scribed in regulations by the Secretary, and (ii) a team, consisting of physicians and other personnel qualified to make determinations with respect to mental health conditions and the treatment thereof, has determined are necessary on an inpatient basis and can rea- sonably be expected to improve the condition, by reason of which such services are nec- essary, to the extent that eventually such services will no longer be necessary; and (C) inpatient services which, in the case of any individual, are provided prior to (i) the date such individual attains age 21, or (ii) in the case of an individual who was receiving such services in the period immediately pre- ceding the date on which he attained age 21, (I) the date such individual no longer requires such services, or (II) if earlier, the date such individual attains age 22; (2) Such term does not include services pro- vided during any calendar quarter under the State plan of any State if the total amount of the funds expended, during such quarter, by the State (and the political subdivisions thereof) from non-Federal funds for inpatient services in- cluded under paragraph (1), and for active psy- chiatric care and treatment provided on an out- patient basis for eligible mentally ill children, is less than the average quarterly amount of the funds expended, during the 4-quarter period end- ing December 31, 1971, by the State (and the po- litical subdivisions thereof) from non-Federal funds for such services. (i) Institution for mental diseases The term ‘‘institution for mental diseases’’ means a hospital, nursing facility, or other in- stitution of more than 16 beds, that is primarily engaged in providing diagnosis, treatment, or care of persons with mental diseases, including medical attention, nursing care, and related services. (j) State supplementary payment The term ‘‘State supplementary payment’’ means any cash payment made by a State on a regular basis to an individual who is receiving supplemental security income benefits under subchapter XVI or who would but for his income be eligible to receive such benefits, as assistance based on need in supplementation of such bene- fits (as determined by the Commissioner of So- Page 4183 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d 3 So in original. Probably should be ‘‘a’’. 4 So in original. Probably should be clause ‘‘(iii),’’. See Ref- erences in Text note below. cial Security), but only to the extent that such payments are made with respect to an indi- vidual with respect to whom supplemental secu- rity income benefits are payable under sub- chapter XVI, or would but for his income be pay- able under that subchapter. (k) Supplemental security income benefits Increased supplemental security income bene- fits payable pursuant to section 211 of Public Law 93–66 shall not be considered supplemental security income benefits payable under sub- chapter XVI. (l) Rural health clinics (1) The terms ‘‘rural health clinic services’’ and ‘‘rural health clinic’’ have the meanings given such terms in section 1395x(aa) of this title, except that (A) clause (ii) of section 1395x(aa)(2) of this title shall not apply to such terms, and (B) the physician arrangement re- quired under section 1395x(aa)(2)(B) of this title shall only apply with respect to rural health clinic services and, with respect to other ambu- latory care services, the physician arrangement required shall be only such as may be required under the State plan for those services. (2)(A) The term ‘‘Federally-qualified health center services’’ means services of the type de- scribed in subparagraphs (A) through (C) of sec- tion 1395x(aa)(1) of this title when furnished to an individual as an 3 patient of a Federally- qualified health center and, for this purpose, any reference to a rural health clinic or a physi- cian described in section 1395x(aa)(2)(B) of this title is deemed a reference to a Federally-quali- fied health center or a physician at the center, respectively. (B) The term ‘‘Federally-qualified health cen- ter’’ means an entity which— (i) is receiving a grant under section 254b of this title, (ii)(I) is receiving funding from such a grant under a contract with the recipient of such a grant, and (II) meets the requirements to receive a grant under section 254b of this title, (iii) based on the recommendation of the Health Resources and Services Administration within the Public Health Service, is deter- mined by the Secretary to meet the require- ments for receiving such a grant, including re- quirements of the Secretary that an entity may not be owned, controlled, or operated by another entity, or (iv) was treated by the Secretary, for pur- poses of part B of subchapter XVIII, as a com- prehensive Federally funded health center as of January 1, 1990; and includes an outpatient health program or facility operated by a tribe or tribal organiza- tion under the Indian Self-Determination Act (Public Law 93–638) [25 U.S.C. 5321 et seq.] or by an urban Indian organization receiving funds under title V of the Indian Health Care Improve- ment Act [25 U.S.C. 1651 et seq.] for the provi- sion of primary health services. In applying clause (ii),4 the Secretary may waive any re- quirement referred to in such clause for up to 2 years for good cause shown. (3)(A) The term ‘‘freestanding birth center services’’ means services furnished to an indi- vidual at a freestanding birth center (as defined in subparagraph (B)) at such center. (B) The term ‘‘freestanding birth center’’ means a health facility— (i) that is not a hospital; (ii) where childbirth is planned to occur away from the pregnant woman’s residence; (iii) that is licensed or otherwise approved by the State to provide prenatal labor and de- livery or postpartum care and other ambula- tory services that are included in the plan; and (iv) that complies with such other require- ments relating to the health and safety of in- dividuals furnished services by the facility as the State shall establish. (C) A State shall provide separate payments to providers administering prenatal labor and de- livery or postpartum care in a freestanding birth center (as defined in subparagraph (B)), such as nurse midwives and other providers of services such as birth attendants recognized under State law, as determined appropriate by the Secretary. For purposes of the preceding sentence, the term ‘‘birth attendant’’ means an individual who is recognized or registered by the State involved to provide health care at child- birth and who provides such care within the scope of practice under which the individual is legally authorized to perform such care under State law (or the State regulatory mechanism provided by State law), regardless of whether the individual is under the supervision of, or as- sociated with, a physician or other health care provider. Nothing in this subparagraph shall be construed as changing State law requirements applicable to a birth attendant. (m) Qualified family member (1) Subject to paragraph (2), the term ‘‘quali- fied family member’’ means an individual (other than a qualified pregnant woman or child, as de- fined in subsection (n)) who is a member of a family that would be receiving aid under the State plan under part A of subchapter IV pursu- ant to section 607 1 of this title if the State had not exercised the option under section 607(b)(2)(B)(i) 1 of this title. (2) No individual shall be a qualified family member for any period after September 30, 1998. (n) ‘‘Qualified pregnant woman or child’’ defined The term ‘‘qualified pregnant woman or child’’ means— (1) a pregnant woman who— (A) would be eligible for aid to families with dependent children under part A of sub- chapter IV (or would be eligible for such aid if coverage under the State plan under part A of subchapter IV included aid to families with dependent children of unemployed par- ents pursuant to section 607 of this title) if her child had been born and was living with her in the month such aid would be paid, and such pregnancy has been medically verified; (B) is a member of a family which would be eligible for aid under the State plan under part A of subchapter IV pursuant to section Page 4184 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d 607 of this title if the plan required the pay- ment of aid pursuant to such section; or (C) otherwise meets the income and re- sources requirements of a State plan under part A of subchapter IV; and (2) a child who has not attained the age of 19, who was born after September 30, 1983 (or such earlier date as the State may designate), and who meets the income and resources require- ments of the State plan under part A of sub- chapter IV. (o) Optional hospice benefits (1)(A) Subject to subparagraphs (B) and (C), the term ‘‘hospice care’’ means the care de- scribed in section 1395x(dd)(1) of this title fur- nished by a hospice program (as defined in sec- tion 1395x(dd)(2) of this title) to a terminally ill individual who has voluntarily elected (in ac- cordance with paragraph (2)) to have payment made for hospice care instead of having payment made for certain benefits described in section 1395d(d)(2)(A) of this title and for which payment may otherwise be made under subchapter XVIII and intermediate care facility services under the plan. For purposes of such election, hospice care may be provided to an individual while such in- dividual is a resident of a skilled nursing facil- ity or intermediate care facility, but the only payment made under the State plan shall be for the hospice care. (B) For purposes of this subchapter, with re- spect to the definition of hospice program under section 1395x(dd)(2) of this title, the Secretary may allow an agency or organization to make the assurance under subparagraph (A)(iii) of such section without taking into account any individual who is afflicted with acquired im- mune deficiency syndrome (AIDS). (C) A voluntary election to have payment made for hospice care for a child (as defined by the State) shall not constitute a waiver of any rights of the child to be provided with, or to have payment made under this subchapter for, services that are related to the treatment of the child’s condition for which a diagnosis of ter- minal illness has been made. (2) An individual’s voluntary election under this subsection— (A) shall be made in accordance with proce- dures that are established by the State and that are consistent with the procedures estab- lished under section 1395d(d)(2) of this title; (B) shall be for such a period or periods (which need not be the same periods described in section 1395d(d)(1) of this title) as the State may establish; and (C) may be revoked at any time without a showing of cause and may be modified so as to change the hospice program with respect to which a previous election was made. (3) In the case of an individual— (A) who is residing in a nursing facility or intermediate care facility for the mentally re- tarded and is receiving medical assistance for services in such facility under the plan, (B) who is entitled to benefits under part A of subchapter XVIII and has elected, under section 1395d(d) of this title, to receive hospice care under such part, and (C) with respect to whom the hospice pro- gram under such subchapter and the nursing facility or intermediate care facility for the mentally retarded have entered into a written agreement under which the program takes full responsibility for the professional manage- ment of the individual’s hospice care and the facility agrees to provide room and board to the individual, instead of any payment otherwise made under the plan with respect to the facility’s services, the State shall provide for payment to the hos- pice program of an amount equal to the addi- tional amount determined in section 1396a(a)(13)(B) of this title and, if the individual is an individual described in section 1396a(a)(10)(A) of this title, shall provide for pay- ment of any coinsurance amounts imposed under section 1395e(a)(4) of this title. (p) Qualified medicare beneficiary; medicare cost-sharing (1) The term ‘‘qualified medicare beneficiary’’ means an individual— (A) who is entitled to hospital insurance benefits under part A of subchapter XVIII (in- cluding an individual entitled to such benefits pursuant to an enrollment under section 1395i–2 of this title, but not including an indi- vidual entitled to such benefits only pursuant to an enrollment under section 1395i–2a of this title) or who is enrolled under part B for the purpose of coverage of immunosuppressive drugs under section 1395o(b) of this title, (B) whose income (as determined under sec- tion 1382a of this title for purposes of the sup- plemental security income program, except as provided in paragraph (2)(D)) does not exceed an income level established by the State con- sistent with paragraph (2), and (C) whose resources (as determined under section 1382b of this title for purposes of the supplemental security income program) do not exceed twice the maximum amount of re- sources that an individual may have and ob- tain benefits under that program or, effective beginning with January 1, 2010, whose re- sources (as so determined) do not exceed the maximum resource level applied for the year under subparagraph (D) of section 1395w–114(a)(3) of this title (determined with- out regard to the life insurance policy exclu- sion provided under subparagraph (G) of such section) applicable to an individual or to the individual and the individual’s spouse (as the case may be). (2)(A) The income level established under paragraph (1)(B) shall be at least the percent provided under subparagraph (B) (but not more than 100 percent) of the official poverty line (as defined by the Office of Management and Budg- et, and revised annually in accordance with sec- tion 9902(2) of this title) applicable to a family of the size involved. (B) Except as provided in subparagraph (C), the percent provided under this clause, with re- spect to eligibility for medical assistance on or after— (i) January 1, 1989, is 85 percent, (ii) January 1, 1990, is 90 percent, and Page 4185 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d 5 So in original. The comma probably should be a period. 6 So in original. The words ‘‘of such paragraph’’ probably should follow ‘‘subparagraph (B)’’. 7 So in original. Probably should be ‘‘or section’’. (iii) January 1, 1991, is 100 percent. (C) In the case of a State which has elected treatment under section 1396a(f) of this title and which, as of January 1, 1987, used an income standard for individuals age 65 or older which was more restrictive than the income standard established under the supplemental security in- come program under subchapter XVI, the per- cent provided under subparagraph (B), with re- spect to eligibility for medical assistance on or after— (i) January 1, 1989, is 80 percent, (ii) January 1, 1990, is 85 percent, (iii) January 1, 1991, is 95 percent, and (iv) January 1, 1992, is 100 percent. (D)(i) In determining under this subsection the income of an individual who is entitled to monthly insurance benefits under subchapter II for a transition month (as defined in clause (ii)) in a year, such income shall not include any amounts attributable to an increase in the level of monthly insurance benefits payable under such subchapter which have occurred pursuant to section 415(i) of this title for benefits payable for months beginning with December of the pre- vious year. (ii) For purposes of clause (i), the term ‘‘tran- sition month’’ means each month in a year through the month following the month in which the annual revision of the official poverty line, referred to in subparagraph (A), is pub- lished. (3) The term ‘‘medicare cost-sharing’’ means (subject to section 1396a(n)(2) of this title) the following costs incurred with respect to a quali- fied medicare beneficiary, without regard to whether the costs incurred were for items and services for which medical assistance is other- wise available under the plan: (A)(i) premiums under section 1395i–2 or 1395i–2a of this title, and (ii) premiums under section 1395r of this title,5 (B) Coinsurance under subchapter XVIII (in- cluding coinsurance described in section 1395e of this title). (C) Deductibles established under subchapter XVIII (including those described in section 1395e of this title and section 1395l(b) of this title). (D) The difference between the amount that is paid under section 1395l(a) of this title and the amount that would be paid under such sec- tion if any reference to ‘‘80 percent’’ therein were deemed a reference to ‘‘100 percent’’. Such term also may include, at the option of a State, premiums for enrollment of a qualified medicare beneficiary with an eligible organiza- tion under section 1395mm of this title. (4) Notwithstanding any other provision of this subchapter, in the case of a State (other than the 50 States and the District of Colum- bia)— (A) the requirement stated in section 1396a(a)(10)(E) of this title shall be optional, and (B) for purposes of paragraph (2), the State may substitute for the percent provided under subparagraph (B) 6 or 7 1396a(a)(10)(E)(iii) of this title of such paragraph 6 any percent. In the case of any State which is providing med- ical assistance to its residents under a waiver granted under section 1315 of this title, the Sec- retary shall require the State to meet the re- quirement of section 1396a(a)(10)(E) of this title in the same manner as the State would be re- quired to meet such requirement if the State had in effect a plan approved under this sub- chapter. (5)(A) The Secretary shall develop and dis- tribute to States a simplified application form for use by individuals (including both qualified medicare beneficiaries and specified low-income medicare beneficiaries) in applying for medical assistance for medicare cost-sharing under this subchapter in the States which elect to use such form. Such form shall be easily readable by ap- plicants and uniform nationally. The Secretary shall provide for the translation of such applica- tion form into at least the 10 languages (other than English) that are most often used by indi- viduals applying for hospital insurance benefits under section 426 or 426–1 of this title and shall make the translated forms available to the States and to the Commissioner of Social Secu- rity. (B) In developing such form, the Secretary shall consult with beneficiary groups and the States. (6) For provisions relating to outreach efforts to increase awareness of the availability of medicare cost-sharing, see section 1320b–14 of this title. (q) Qualified severely impaired individual The term ‘‘qualified severely impaired indi- vidual’’ means an individual under age 65— (1) who for the month preceding the first month to which this subsection applies to such individual— (A) received (i) a payment of supplemental security income benefits under section 1382(b) of this title on the basis of blindness or disability, (ii) a supplementary payment under section 1382e of this title or under sec- tion 212 of Public Law 93–66 on such basis, (iii) a payment of monthly benefits under section 1382h(a) of this title, or (iv) a supple- mentary payment under section 1382e(c)(3), and (B) was eligible for medical assistance under the State plan approved under this subchapter; and (2) with respect to whom the Commissioner of Social Security determines that— (A) the individual continues to be blind or continues to have the disabling physical or mental impairment on the basis of which he was found to be under a disability and, ex- cept for his earnings, continues to meet all non-disability-related requirements for eli- gibility for benefits under subchapter XVI, (B) the income of such individual would not, except for his earnings, be equal to or in excess of the amount which would cause him Page 4186 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d to be ineligible for payments under section 1382(b) of this title (if he were otherwise eli- gible for such payments), (C) the lack of eligibility for benefits under this subchapter would seriously in- hibit his ability to continue or obtain em- ployment, and (D) the individual’s earnings are not suffi- cient to allow him to provide for himself a reasonable equivalent of the benefits under subchapter XVI (including any federally ad- ministered State supplementary payments), this subchapter, and publicly funded attend- ant care services (including personal care as- sistance) that would be available to him in the absence of such earnings. In the case of an individual who is eligible for medical assistance pursuant to section 1382h(b) of this title in June, 1987, the individual shall be a qualified severely impaired individual for so long as such individual meets the requirements of paragraph (2). (r) Early and periodic screening, diagnostic, and treatment services The term ‘‘early and periodic screening, diag- nostic, and treatment services’’ means the fol- lowing items and services: (1) Screening services— (A) which are provided— (i) at intervals which meet reasonable standards of medical and dental practice, as determined by the State after consulta- tion with recognized medical and dental organizations involved in child health care and, with respect to immunizations under subparagraph (B)(iii), in accordance with the schedule referred to in section 1396s(c)(2)(B)(i) of this title for pediatric vaccines, and (ii) at such other intervals, indicated as medically necessary, to determine the ex- istence of certain physical or mental ill- nesses or conditions; and (B) which shall at a minimum include— (i) a comprehensive health and develop- mental history (including assessment of both physical and mental health develop- ment), (ii) a comprehensive unclothed physical exam, (iii) appropriate immunizations (accord- ing to the schedule referred to in section 1396s(c)(2)(B)(i) of this title for pediatric vaccines) according to age and health his- tory, (iv) laboratory tests (including lead blood level assessment appropriate for age and risk factors), and (v) health education (including antici- patory guidance). (2) Vision services— (A) which are provided— (i) at intervals which meet reasonable standards of medical practice, as deter- mined by the State after consultation with recognized medical organizations involved in child health care, and (ii) at such other intervals, indicated as medically necessary, to determine the ex- istence of a suspected illness or condition; and (B) which shall at a minimum include di- agnosis and treatment for defects in vision, including eyeglasses. (3) Dental services— (A) which are provided— (i) at intervals which meet reasonable standards of dental practice, as deter- mined by the State after consultation with recognized dental organizations involved in child health care, and (ii) at such other intervals, indicated as medically necessary, to determine the ex- istence of a suspected illness or condition; and (B) which shall at a minimum include re- lief of pain and infections, restoration of teeth, and maintenance of dental health. (4) Hearing services— (A) which are provided— (i) at intervals which meet reasonable standards of medical practice, as deter- mined by the State after consultation with recognized medical organizations involved in child health care, and (ii) at such other intervals, indicated as medically necessary, to determine the ex- istence of a suspected illness or condition; and (B) which shall at a minimum include di- agnosis and treatment for defects in hearing, including hearing aids. (5) Such other necessary health care, diag- nostic services, treatment, and other measures described in subsection (a) to correct or ame- liorate defects and physical and mental ill- nesses and conditions discovered by the screening services, whether or not such serv- ices are covered under the State plan. Nothing in this subchapter shall be construed as limiting providers of early and periodic screen- ing, diagnostic, and treatment services to pro- viders who are qualified to provide all of the items and services described in the previous sen- tence or as preventing a provider that is quali- fied under the plan to furnish one or more (but not all) of such items or services from being qualified to provide such items and services as part of early and periodic screening, diagnostic, and treatment services. The Secretary shall, not later than July 1, 1990, and every 12 months thereafter, develop and set annual participation goals for each State for participation of individ- uals who are covered under the State plan under this subchapter in early and periodic screening, diagnostic, and treatment services. (s) Qualified disabled and working individual The term ‘‘qualified disabled and working in- dividual’’ means an individual— (1) who is entitled to enroll for hospital in- surance benefits under part A of subchapter XVIII under section 1395i–2a of this title; (2) whose income (as determined under sec- tion 1382a of this title for purposes of the sup- plemental security income program) does not exceed 200 percent of the official poverty line Page 4187 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d (as defined by the Office of Management and Budget and revised annually in accordance with section 9902(2) of this title) applicable to a family of the size involved; (3) whose resources (as determined under section 1382b of this title for purposes of the supplemental security income program) do not exceed twice the maximum amount of re- sources that an individual or a couple (in the case of an individual with a spouse) may have and obtain benefits for supplemental security income benefits under subchapter XVI; and (4) who is not otherwise eligible for medical assistance under this subchapter. (t) Primary care case management services; pri- mary care case manager; primary care case management contract; and primary care (1) The term ‘‘primary care case management services’’ means case-management related serv- ices (including locating, coordinating, and moni- toring of health care services) provided by a pri- mary care case manager under a primary care case management contract. (2) The term ‘‘primary care case manager’’ means any of the following that provides serv- ices of the type described in paragraph (1) under a contract referred to in such paragraph: (A) A physician, a physician group practice, or an entity employing or having other ar- rangements with physicians to provide such services. (B) At State option— (i) a nurse practitioner (as described in subsection (a)(21)); (ii) a certified nurse-midwife (as defined in section 1395x(gg) of this title); or (iii) a physician assistant (as defined in section 1395x(aa)(5) of this title). (3) The term ‘‘primary care case management contract’’ means a contract between a primary care case manager and a State under which the manager undertakes to locate, coordinate, and monitor covered primary care (and such other covered services as may be specified under the contract) to all individuals enrolled with the manager, and which— (A) provides for reasonable and adequate hours of operation, including 24-hour avail- ability of information, referral, and treatment with respect to medical emergencies; (B) restricts enrollment to individuals resid- ing sufficiently near a service delivery site of the manager to be able to reach that site with- in a reasonable time using available and af- fordable modes of transportation; (C) provides for arrangements with, or refer- rals to, sufficient numbers of physicians and other appropriate health care professionals to ensure that services under the contract can be furnished to enrollees promptly and without compromise to quality of care; (D) prohibits discrimination on the basis of health status or requirements for health care services in enrollment, disenrollment, or re- enrollment of individuals eligible for medical assistance under this subchapter; (E) provides for a right for an enrollee to terminate enrollment in accordance with sec- tion 1396u–2(a)(4) of this title; and (F) complies with the other applicable provi- sions of section 1396u–2 of this title. (4) For purposes of this subsection, the term ‘‘primary care’’ includes all health care services customarily provided in accordance with State licensure and certification laws and regulations, and all laboratory services customarily provided by or through, a general practitioner, family medicine physician, internal medicine physi- cian, obstetrician/gynecologist, or pediatrician. (u) Conditions for State plans (1) The conditions described in this paragraph for a State plan are as follows: (A) The State is complying with the require- ment of section 1397ee(d)(1) of this title. (B) The plan provides for such reporting of information about expenditures and payments attributable to the operation of this sub- section as the Secretary deems necessary in order to carry out the fourth sentence of sub- section (b). (2)(A) For purposes of subsection (b), the ex- penditures described in this subparagraph are expenditures for medical assistance for optional targeted low-income children described in sub- paragraph (B). (B) For purposes of this paragraph, the term ‘‘optional targeted low-income child’’ means a targeted low-income child as defined in section 1397jj(b)(1) of this title (determined without re- gard to that portion of subparagraph (C) of such section concerning eligibility for medical assist- ance under this subchapter) who would not qual- ify for medical assistance under the State plan under this subchapter as in effect on March 31, 1997 (but taking into account the expansion of age of eligibility effected through the operation of section 1396a(l)(1)(D) of this title). Such term excludes any child eligible for medical assist- ance only by reason of section 1396a(a)(10)(A)(ii)(XIX) of this title. (3) For purposes of subsection (b), the expendi- tures described in this paragraph are expendi- tures for medical assistance for children who are born before October 1, 1983, and who would be de- scribed in section 1396a(l)(1)(D) of this title if they had been born on or after such date, and who are not eligible for such assistance under the State plan under this subchapter based on such State plan as in effect as of March 31, 1997. (4) The limitations on payment under sub- sections (f) and (g) of section 1308 of this title shall not apply to Federal payments made under section 1396b(a)(1) of this title based on an en- hanced FMAP described in section 1397ee(b) of this title. (v) Employed individual with a medically im- proved disability (1) The term ‘‘employed individual with a medically improved disability’’ means an indi- vidual who— (A) is at least 16, but less than 65, years of age; (B) is employed (as defined in paragraph (2)); (C) ceases to be eligible for medical assist- ance under section 1396a(a)(10)(A)(ii)(XV) of this title because the individual, by reason of medical improvement, is determined at the time of a regularly scheduled continuing dis- ability review to no longer be eligible for ben- efits under section 423(d) or 1382c(a)(3) of this title; and Page 4188 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d 8 So in original. (D) continues to have a severe medically de- terminable impairment, as determined under regulations of the Secretary. (2) For purposes of paragraph (1), an individual is considered to be ‘‘employed’’ if the indi- vidual— (A) is earning at least the applicable min- imum wage requirement under section 206 of title 29 and working at least 40 hours per month; or (B) is engaged in a work effort that meets substantial and reasonable threshold criteria for hours of work, wages, or other measures, as defined by the State and approved by the Secretary. (w) Independent foster care adolescent (1) For purposes of this subchapter, the term ‘‘independent foster care adolescent’’ means an individual— (A) who is under 21 years of age; (B) who, on the individual’s 18th birthday, was in foster care under the responsibility of a State; and (C) whose assets, resources, and income do not exceed such levels (if any) as the State may establish consistent with paragraph (2). (2) The levels established by a State under paragraph (1)(C) may not be less than the cor- responding levels applied by the State under sec- tion 1396u–1(b) of this title. (3) A State may limit the eligibility of inde- pendent foster care adolescents under section 1396a(a)(10)(A)(ii)(XVII) of this title to those in- dividuals with respect to whom foster care maintenance payments or independent living services were furnished under a program funded under part E of subchapter IV before the date the individuals attained 18 years of age. (x) Strategies, treatment, and services For purposes of subsection (a)(27), the strate- gies, treatment, and services described in that subsection include the following: (1) Chronic blood transfusion (with deferoxamine chelation) to prevent stroke in individuals with Sickle Cell Disease who have been identified as being at high risk for stroke. (2) Genetic counseling and testing for indi- viduals with Sickle Cell Disease or the sickle cell trait to allow health care professionals to treat such individuals and to prevent symp- toms of Sickle Cell Disease. (3) Other treatment and services to prevent individuals who have Sickle Cell Disease and who have had a stroke from having another stroke. (y) Increased FMAP for medical assistance for newly eligible mandatory individuals (1) Amount of increase Notwithstanding subsection (b), the Federal medical assistance percentage for a State that is one of the 50 States or the District of Co- lumbia, with respect to amounts expended by such State for medical assistance for newly el- igible individuals described in subclause (VIII) of section 1396a(a)(10)(A)(i) of this title, shall be equal to— (A) 100 percent for calendar quarters in 2014, 2015, and 2016; (B) 95 percent for calendar quarters in 2017; (C) 94 percent for calendar quarters in 2018; (D) 93 percent for calendar quarters in 2019; and (E) 90 percent for calendar quarters in 2020 and each year thereafter. (2) Definitions In this subsection: (A) Newly eligible The term ‘‘newly eligible’’ means, with re- spect to an individual described in subclause (VIII) of section 1396a(a)(10)(A)(i) of this title, an individual who is not under 19 years of age (or such higher age as the State may have elected) and who, as of December 1, 2009, is not eligible under the State plan or under a waiver of the plan for full benefits or for benchmark coverage described in sub- paragraph (A), (B), or (C) of section 1396u–7(b)(1) of this title or benchmark equivalent coverage described in section 1396u–7(b)(2) of this title that has an aggre- gate actuarial value that is at least actuari- ally equivalent to benchmark coverage de- scribed in subparagraph (A), (B), or (C) of section 1396u–7(b)(1) of this title, or is eligi- ble but not enrolled (or is on a waiting list) for such benefits or coverage through a waiv- er under the plan that has a capped or lim- ited enrollment that is full. (B) Full benefits The term ‘‘full benefits’’ means, with re- spect to an individual, medical assistance for all services covered under the State plan under this subchapter that is not less in amount, duration, or scope, or is determined by the Secretary to be substantially equiva- lent, to the medical assistance available for an individual described in section 1396a(a)(10)(A)(i) of this title. (z) Equitable support for certain States (1)(A) During the period that begins on Janu- ary 1, 2014, and ends on December 31, 2015, not- withstanding subsection (b), the Federal medical assistance percentage otherwise determined under subsection (b) with respect to a fiscal year occurring during that period shall be increased by 2.2 percentage points for any State described in subparagraph (B) for amounts expended for medical assistance for individuals who are not newly eligible (as defined in subsection (y)(2)) individuals described in subclause (VIII) of sec- tion 1396a(a)(10)(A)(i) of this title. (B) For purposes of subparagraph (A), a State described in this subparagraph is a State that— (i) is an expansion State described in para- graph (3); (ii) the Secretary determines will not re- ceive any payments under this subchapter on the basis of an increased Federal medical as- sistance percentage under subsection (y) for expenditures for medical assistance for newly eligible individuals (as so defined); and (iii) has not been approved by the Secretary to divert a portion of the DSH allotment for a State to the costs of providing medical assist- ance or other health benefits coverage under a waiver that is in effect on July 2009.8 Page 4189 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d 9 So in original. Probably should be preceded by ‘‘section’’. (2)(A) For calendar quarters in 2014 and each year thereafter, the Federal medical assistance percentage otherwise determined under sub- section (b) for an expansion State described in paragraph (3) with respect to medical assistance for individuals described in section 1396a(a)(10)(A)(i)(VIII) of this title who are non- pregnant childless adults with respect to whom the State may require enrollment in benchmark coverage under section 1396u–7 of this title shall be equal to the percent specified in subpara- graph (B)(i) for such year. (B)(i) The percent specified in this subpara- graph for a State for a year is equal to the Fed- eral medical assistance percentage (as defined in the first sentence of subsection (b)) for the State increased by a number of percentage points equal to the transition percentage (specified in clause (ii) for the year) of the number of per- centage points by which— (I) such Federal medical assistance percent- age for the State, is less than (II) the percent specified in subsection (y)(1) for the year. (ii) The transition percentage specified in this clause for— (I) 2014 is 50 percent; (II) 2015 is 60 percent; (III) 2016 is 70 percent; (IV) 2017 is 80 percent; (V) 2018 is 90 percent; and (VI) 2019 and each subsequent year is 100 per- cent. (3) A State is an expansion State if, on March 23, 2010, the State offers health benefits coverage statewide to parents and nonpregnant, childless adults whose income is at least 100 percent of the poverty line, that includes inpatient hos- pital services, is not dependent on access to em- ployer coverage, employer contribution, or em- ployment and is not limited to premium assist- ance, hospital-only benefits, a high deductible health plan, or alternative benefits under a dem- onstration program authorized under section 1396u–8 of this title. A State that offers health benefits coverage to only parents or only non- pregnant childless adults described in the pre- ceding sentence shall not be considered to be an expansion State. (aa) Special adjustment to FMAP determination for certain States recovering from a major disaster (1) Notwithstanding subsection (b), beginning January 1, 2011, the Federal medical assistance percentage for a fiscal year for a disaster-recov- ery FMAP adjustment State shall be equal to the following: (A) In the case of the first fiscal year (or part of a fiscal year) for which this subsection applies to the State, the State’s regular FMAP shall be increased by 50 percent of the number of percentage points by which the State’s reg- ular FMAP for such fiscal year is less than the Federal medical assistance percentage deter- mined for the State for the preceding fiscal year after the application of only subsection (a) of section 5001 of Public Law 111–5 (if appli- cable to the preceding fiscal year) and without regard to this subsection, subsections (y) and (z), and subsections (b) and (c) of section 5001 of Public Law 111–5. (B) In the case of the second or any suc- ceeding fiscal year for which this subsection applies to the State, the State’s regular FMAP for such fiscal year shall be increased by 25 percent (or 50 percent in the case of fiscal year 2013) of the number of percentage points by which the State’s regular FMAP for such fis- cal year is less than the Federal medical as- sistance percentage received by the State dur- ing the preceding fiscal year. (2) In this subsection, the term ‘‘disaster-re- covery FMAP adjustment State’’ means a State that is one of the 50 States or the District of Co- lumbia, for which, at any time during the pre- ceding 7 fiscal years, the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency As- sistance Act [42 U.S.C. 5170] and determined as a result of such disaster that every county or par- ish in the State warrant individual and public assistance or public assistance from the Federal Government under such Act [42 U.S.C. 5121 et seq.] and for which— (A) in the case of the first fiscal year (or part of a fiscal year) for which this subsection applies to the State, the State’s regular FMAP for the fiscal year is less than the Federal medical assistance percentage determined for the State for the preceding fiscal year after the application of only subsection (a) of sec- tion 5001 of Public Law 111–5 (if applicable to the preceding fiscal year) and without regard to this subsection, subsections (y) and (z), and subsections (b) and (c) of section 5001 of Public Law 111–5, by at least 3 percentage points; and (B) in the case of the second or any suc- ceeding fiscal year for which this subsection applies to the State, the State’s regular FMAP for the fiscal year is less than the Federal medical assistance percentage determined for the State for the preceding fiscal year under this subsection by at least 3 percentage points. (3) In this subsection, the term ‘‘regular FMAP’’ means, for each fiscal year for which this subsection applies to a State, the Federal medical assistance percentage that would other- wise apply to the State for the fiscal year, as de- termined under subsection (b) and without re- gard to this subsection, subsections (y) and (z), and section 10202 of the Patient Protection and Affordable Care Act. (4) The Federal medical assistance percentage determined for a disaster-recovery FMAP ad- justment State under paragraph (1) shall apply for purposes of this subchapter (other than with respect to disproportionate share hospital pay- ments described in section 1396r–4 of this title and payments under this subchapter that are based on the enhanced FMAP described in 1397ee(b) 9 of this title) and shall not apply with respect to payments under subchapter IV (other than under part E of subchapter IV) or payments under subchapter XXI. (bb) Counseling and pharmacotherapy for ces- sation of tobacco use by pregnant women (1) For purposes of this subchapter, the term ‘‘counseling and pharmacotherapy for cessation Page 4190 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d of tobacco use by pregnant women’’ means diag- nostic, therapy, and counseling services and pharmacotherapy (including the coverage of pre- scription and nonprescription tobacco cessation agents approved by the Food and Drug Adminis- tration) for cessation of tobacco use by pregnant women who use tobacco products or who are being treated for tobacco use that is furnished— (A) by or under the supervision of a physi- cian; or (B) by any other health care professional who— (i) is legally authorized to furnish such services under State law (or the State regu- latory mechanism provided by State law) of the State in which the services are fur- nished; and (ii) is authorized to receive payment for other services under this subchapter or is designated by the Secretary for this purpose. (2) Subject to paragraph (3), such term is lim- ited to— (A) services recommended with respect to pregnant women in ‘‘Treating Tobacco Use and Dependence: 2008 Update: A Clinical Prac- tice Guideline’’, published by the Public Health Service in May 2008, or any subsequent modification of such Guideline; and (B) such other services that the Secretary recognizes to be effective for cessation of to- bacco use by pregnant women. (3) Such term shall not include coverage for drugs or biologicals that are not otherwise cov- ered under this subchapter. (cc) Requirement for certain States Notwithstanding subsections (y), (z), and (aa), in the case of a State that requires political sub- divisions within the State to contribute toward the non-Federal share of expenditures required under the State plan under section 1396a(a)(2) of this title, the State shall not be eligible for an increase in its Federal medical assistance per- centage under such subsections if it requires that political subdivisions pay a greater per- centage of the non-Federal share of such expend- itures, or a greater percentage of the non-Fed- eral share of payments under section 1396r–4 of this title, than the respective percentages that would have been required by the State under the State plan under this subchapter, State law, or both, as in effect on December 31, 2009, and with- out regard to any such increase. Voluntary con- tributions by a political subdivision to the non- Federal share of expenditures under the State plan under this subchapter or to the non-Federal share of payments under section 1396r–4 of this title, shall not be considered to be required con- tributions for purposes of this subsection. The treatment of voluntary contributions, and the treatment of contributions required by a State under the State plan under this subchapter, or State law, as provided by this subsection, shall also apply to the increases in the Federal med- ical assistance percentage under section 5001 of the American Recovery and Reinvestment Act of 2009 and section 6008 of the Families First Coronavirus Response Act, except that in apply- ing such treatments to the increases in the Fed- eral medical assistance percentage under section 6008 of the Families First Coronavirus Response Act, the reference to ‘‘December 31, 2009’’ shall be deemed to be a reference to ‘‘March 11, 2020’’. (dd) Increased FMAP for additional expenditures for primary care services Notwithstanding subsection (b), with respect to the portion of the amounts expended for med- ical assistance for services described in section 1396a(a)(13)(C) of this title furnished on or after January 1, 2013, and before January 1, 2015, that is attributable to the amount by which the min- imum payment rate required under such section (or, by application, section 1396u–2(f) of this title) exceeds the payment rate applicable to such services under the State plan as of July 1, 2009, the Federal medical assistance percentage for a State that is one of the 50 States or the District of Columbia shall be equal to 100 per- cent. The preceding sentence does not prohibit the payment of Federal financial participation based on the Federal medical assistance percent- age for amounts in excess of those specified in such sentence. (ee) Medication-assisted treatment (1) Definition For purposes of subsection (a)(29), the term ‘‘medication-assisted treatment’’— (A) means all drugs approved under section 355 of title 21, including methadone, and all biological products licensed under section 262 of this title to treat opioid use disorders; and (B) includes, with respect to the provision of such drugs and biological products, coun- seling services and behavioral therapy. (2) Exception The provisions of paragraph (29) of sub- section (a) shall not apply with respect to a State if such State certifies, not less than every 5 years and to the satisfaction of the Secretary, that implementing such provisions statewide for all individuals eligible to enroll in the State plan (or waiver of the State plan) would not be feasible by reason of a shortage of qualified providers of medication-assisted treatment, or facilities providing such treat- ment, that will contract with the State or a managed care entity with which the State has a contract under section 1396b(m) of this title or under section 1396d(t)(3) of this title. (3) Application of rebate requirements The requirements of section 1396r–8 of this title shall apply to any drug or biological product described in paragraph (1)(A) that is— (A) furnished as medical assistance in ac- cordance with subsection (a)(29) and section 1396a(a)(10)(A) of this title; and (B) a covered outpatient drug (as defined in section 1396r–8(k) of this title, except that, in applying paragraph (2)(A) of such section to a drug described in paragraph (1)(A), such drug shall be deemed a pre- scribed drug for purposes of subsection (a)(12)). (ff) Increase in FMAP for territories for certain fiscal years Notwithstanding subsection (b) or (z)(2), sub- ject to subsections (hh) and (ii)— Page 4191 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d (1) for the period beginning October 1, 2019, and ending December 20, 2019, the Federal medical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mar- iana Islands, and American Samoa shall be equal to 100 percent; (2) for the period beginning December 21, 2019, and ending December 3, 2021, and for the period beginning January 1, 2022, and ending September 30, 2027, the Federal medical assist- ance percentage for Puerto Rico shall be equal to 76 percent; and (3) subject to section 1308(g)(8)(B) of this title, beginning December 21, 2019, the Federal medical assistance percentage for the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be equal to 83 per- cent. (gg)(1) Routine patient costs For purposes of subsection (a)(30), with respect to a State and an individual enrolled under the State plan (or a waiver of such plan) who par- ticipates in a qualifying clinical trial, routine patient costs— (A) include any item or service provided to the individual under the qualifying clinical trial, including— (i) any item or service provided to prevent, diagnose, monitor, or treat complications resulting from such participation, to the ex- tent that the provision of such an item or service to the individual outside the course of such participation would otherwise be covered under the State plan or waiver; and (ii) any item or service required solely for the provision of the investigational item or service that is the subject of such trial, in- cluding the administration of such inves- tigational item or service; and (B) does not include— (i) an item or service that is the investiga- tional item or service that is— (I) the subject of the qualifying clinical trial; and (II) not otherwise covered outside of the clinical trial under the State plan or waiv- er; or (ii) an item or service that is— (I) provided to the individual solely to satisfy data collection and analysis needs for the qualifying clinical trial and is not used in the direct clinical management of the individual; and (II) not otherwise covered under the State plan or waiver. (2) Qualifying clinical trial defined (A) In general For purposes of this subsection and sub- section (a)(30), the term ‘‘qualifying clinical trial’’ means a clinical trial (in any clinical phase of development) that is conducted in re- lation to the prevention, detection, or treat- ment of any serious or life-threatening disease or condition and is described in any of the fol- lowing clauses: (i) The study or investigation is approved, conducted, or supported (which may include funding through in-kind contributions) by one or more of the following: (I) The National Institutes of Health. (II) The Centers for Disease Control and Prevention. (III) The Agency for Healthcare Research and Quality. (IV) The Centers for Medicare & Med- icaid Services. (V) A cooperative group or center of any of the entities described in subclauses (I) through (IV) or the Department of Defense or the Department of Veterans Affairs. (VI) A qualified non-governmental re- search entity identified in the guidelines issued by the National Institutes of Health for center support grants. (VII) Any of the following if the condi- tions described in subparagraph (B) are met: (aa) The Department of Veterans Af- fairs. (bb) The Department of Defense. (cc) The Department of Energy. (ii) The clinical trial is conducted pursu- ant to an investigational new drug exemp- tion under section 355(i) of title 21 or an ex- emption for a biological product undergoing investigation under section 262(a)(3) of this title. (iii) The clinical trial is a drug trial that is exempt from being required to have an ex- emption described in clause (ii). (B) Conditions For purposes of subparagraph (A)(i)(VII), the conditions described in this subparagraph, with respect to a clinical trial approved or funded by an entity described in such subpara- graph (A)(i)(VII), are that the clinical trial has been reviewed and approved through a system of peer review that the Secretary determines— (i) to be comparable to the system of peer review of studies and investigations used by the National Institutes of Health; and (ii) assures unbiased review of the highest scientific standards by qualified individuals with no interest in the outcome of the re- view. (3) Coverage determination requirements A determination with respect to coverage under subsection (a)(30) for an individual par- ticipating in a qualifying clinical trial— (A) shall be expedited and completed within 72 hours; (B) shall be made without limitation on the geographic location or network affiliation of the health care provider treating such indi- vidual or the principal investigator of the qualifying clinical trial; (C) shall be based on attestation regarding the appropriateness of the qualifying clinical trial by the health care provider and principal investigator described in subparagraph (B), which shall be made using a streamlined, uni- form form developed for State use by the Sec- retary and that includes the option to ref- erence information regarding the qualifying clinical trial that is publicly available on a website maintained by the Secretary, such as clinicaltrials.gov (or a successor website); and (D) shall not require submission of the pro- tocols of the qualifying clinical trial, or any Page 4192 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d other documentation that may be proprietary or determined by the Secretary to be burden- some to provide. (hh) Temporary increased FMAP for medical as- sistance for coverage and administration of COVID–19 vaccines (1) In general Notwithstanding any other provision of this subchapter, during the period described in paragraph (2), the Federal medical assistance percentage for a State, with respect to amounts expended by the State for medical as- sistance for a vaccine described in subsection (a)(4)(E) (and the administration of such a vac- cine), shall be equal to 100 percent. (2) Period described The period described in this paragraph is the period that— (A) begins on the first day of the first quarter beginning after March 11, 2021; and (B) ends on the last day of the first quarter that begins one year after the last day of the emergency period described in section 1320b–5(g)(1)(B) of this title. (3) Exclusion of expenditures from territorial caps Any payment made to a territory for ex- penditures for medical assistance under sub- section (a)(4)(E) that are subject to the Fed- eral medical assistance percentage specified under paragraph (1) shall not be taken into ac- count for purposes of applying payment limits under subsections (f) and (g) of section 1308 of this title. (ii) Temporary increase in FMAP for medical as- sistance under State medicaid plans which begin to expend amounts for certain manda- tory individuals (1) In general For each quarter occurring during the 8- quarter period beginning with the first cal- endar quarter during which a qualifying State (as defined in paragraph (3)) expends amounts for all individuals described in section 1396a(a)(10)(A)(i)(VIII) of this title under the State plan (or waiver of such plan), the Fed- eral medical assistance percentage determined under subsection (b) for such State shall, after application of any increase, if applicable, under section 6008 of the Families First Coronavirus Response Act, be increased by 5 percentage points, except for any quarter (and each subsequent quarter) during such period during which the State ceases to provide med- ical assistance to any such individual under the State plan (or waiver of such plan). (2) Special application rules Any increase described in paragraph (1) (or payment made for expenditures on medical as- sistance that are subject to such increase)— (A) shall not apply with respect to dis- proportionate share hospital payments de- scribed in section 1396r–4 of this title; (B) shall not be taken into account in cal- culating the enhanced FMAP of a State under section 1397ee of this title; (C) shall not be taken into account for pur- poses of part A, D, or E of subchapter IV; and (D) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1308 of this title. (3) Definition For purposes of this subsection, the term ‘‘qualifying State’’ means a State which has not expended amounts for all individuals de- scribed in section 1396a(a)(10)(A)(i)(VIII) of this title before March 11, 2021. (jj) Certified community behavioral health clinic services (1) In general The term ‘‘certified community behavioral health services’’ means any of the following services when furnished to an individual as a patient of a certified community behavioral health clinic (as defined in paragraph (2)), in a manner reflecting person-centered care and which, if not available directly through a cer- tified community behavioral health clinic, may be provided or referred through formal re- lationships with other providers: (A) Crisis mental health services, includ- ing 24-hour mobile crisis teams, emergency crisis intervention services, and crisis sta- bilization. (B) Screening, assessment, and diagnosis, including risk assessment. (C) Patient-centered treatment planning or similar processes, including risk assess- ment and crisis planning. (D) Outpatient mental health and sub- stance use services. (E) Outpatient clinic primary care screen- ing and monitoring of key health indicators and health risk. (F) Intensive case management services. (G) Psychiatric rehabilitation services. (H) Peer support and counselor services and family supports. (I) Intensive, community-based mental health care for members of the armed forces and veterans who are eligible for medical as- sistance, particularly such members and vet- erans located in rural areas, provided the care is consistent with minimum clinical mental health guidelines promulgated by the Veterans Health Administration, includ- ing clinical guidelines contained in the Uni- form Mental Health Services Handbook of such Administration. (2) Certified community behavioral health clin- ic The term ‘‘certified community behavioral health clinic’’ means an organization that— (A) has been certified by a State as meet- ing the criteria established by the Secretary pursuant to subsection (a) of section 223 of the Protecting Access to Medicare Act 1 as of January 1, 2024, and any subsequent updates to such criteria, regardless of whether the State is carrying out a demonstration pro- gram under this subchapter under subsection (d) of such section; (B) is engaged in furnishing all of the serv- ices described in paragraph (1); and (C) agrees, as a condition of the certifi- cation described in subparagraph (A), to fur- Page 4193 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d nish to the State or Secretary any data re- quired as part of ongoing monitoring of the organization’s provision of services, includ- ing encounter data, clinical outcomes data, quality data, and such other data as the State or Secretary may require. (Aug. 14, 1935, ch. 531, title XIX, § 1905, as added Pub. L. 89–97, title I, § 121(a), July 30, 1965, 79 Stat. 351; amended Pub. L. 90–248, title II, §§ 230, 233, 241(f)(6), 248(e), title III, § 302(a), Jan. 2, 1968, 81 Stat. 905, 917, 919, 929; Pub. L. 92–223, § 4(a), Dec. 28, 1971, 85 Stat. 809; Pub. L. 92–603, title II, §§ 212(a), 247(b), 275(a), 278(a)(21)–(23), 280, 297(a), 299, 299B, 299E(b), 299L, Oct. 30, 1972, 86 Stat. 1384, 1425, 1452–1454, 1459–1462, 1464; Pub. L. 93–233, §§ 13(a)(13)–(18), 18(w), (x)(7)–(10), (y)(2), Dec. 31, 1973, 87 Stat. 963, 964, 972, 973; Pub. L. 94–437, title IV, § 402(e), Sept. 30, 1976, 90 Stat. 1410; Pub. L. 95–210, § 2(a), (b), Dec. 13, 1977, 91 Stat. 1488; Pub. L. 95–292, § 8(a), (b), June 13, 1978, 92 Stat. 316; Pub. L. 96–473, § 6(k), Oct. 19, 1980, 94 Stat. 2266; Pub. L. 96–499, title IX, § 965(a), Dec. 5, 1980, 94 Stat. 2651; Pub. L. 97–35, title XXI, §§ 2162(a)(2), 2172(b), Aug. 13, 1981, 95 Stat. 806, 808; Pub. L. 97–248, title I, §§ 136(c), 137(b)(17), (18), (f), Sept. 3, 1982, 96 Stat. 376, 379, 381; Pub. L. 98–369, div. B, title III, §§ 2335(f), 2340(b), 2361(b), 2371(a), 2373(b)(15)–(20), July 18, 1984, 98 Stat. 1091, 1093, 1104, 1110, 1112; Pub. L. 99–272, title IX, §§ 9501(a), 9505(a), 9511(a), Apr. 7, 1986, 100 Stat. 201, 208, 212; Pub. L. 99–509, title IX, §§ 9403(b), (d), (g)(3), 9404(b), 9408(c)(1), 9435(b)(2), Oct. 21, 1986, 100 Stat. 2053, 2054, 2056, 2061, 2070; Pub. L. 99–514, title XVIII, § 1895(c)(3)(A), Oct. 22, 1986, 100 Stat. 2935; Pub. L. 100–203, title IV, §§ 4073(d), 4101(c)(1), 4103(a), 4105(a), 4114, 4118(p)(8), 4211(e), (f), (h)(6), Dec. 22, 1987, 101 Stat. 1330–119, 1330–141, 1330–146, 1330–147, 1330–152, 1330–159, 1330–204 to 1330–206; Pub. L. 100–360, title III, § 301(a)(2)–(d), (g)(2), title IV, § 411(h)(4)(E), (k)(4), (8), (14)(A), July 1, 1988, 102 Stat. 748–750, 787, 791, 794, 798; Pub. L. 100–485, title III, § 303(b)(2), title IV, § 401(d)(2), title VI, § 608(d)(14)(A)–(G), (J), (f)(3), Oct. 13, 1988, 102 Stat. 2392, 2396, 2415, 2416, 2424; Pub. L. 100–647, title VIII, § 8434(a), (b)(3), (4), Nov. 10, 1988, 102 Stat. 3805; Pub. L. 101–234, title II, § 201(b), Dec. 13, 1989, 103 Stat. 1981; Pub. L. 101–239, title VI, §§ 6402(c)(1), 6403(a), (c), (d)(2), 6404(a), (b), 6405(a), 6408(d)(2), (4)(A), (B), Dec. 19, 1989, 103 Stat. 2261–2265, 2268, 2269; Pub. L. 101–508, title IV, §§ 4402(d)(2), 4501(a), (c), (e)(1), 4601(a)(2), 4704(c), (d), (e)(1), 4705(a), 4711(a), 4712(a), 4713(b), 4717, 4719(a), 4721(a), 4722, 4755(a)(1)(A), Nov. 5, 1990, 104 Stat. 1388–163 to 1388–166, 1388–172, 1388–174, 1388–187, 1388–191, 1388–193, 1388–194, 1388–209; Pub. L. 103–66, title XIII, §§ 13601(a), 13603(e), 13605(a), 13606(a), 13631(f)(2), (g)(1), Aug. 10, 1993, 107 Stat. 612, 620, 621, 644, 645; Pub. L. 103–296, title I, § 108(d)(2), (3), Aug. 15, 1994, 108 Stat. 1486; Pub. L. 104–299, § 4(b)(2), Oct. 11, 1996, 110 Stat. 3645; Pub. L. 105–33, title IV, §§ 4702(a), 4711(c)(1), 4712(d)(1), 4714(a)(2), 4725(b)(1), 4732(b), 4802(a)(1), 4911(a), Aug. 5, 1997, 111 Stat. 494, 508–510, 518, 520, 538, 570; Pub. L. 105–100, title I, § 162(1), (2), Nov. 19, 1997, 111 Stat. 2188; Pub. L. 106–113, div. B, § 1000(a)(6) [title VI, §§ 605(a), 608(l), (m), (aa)(3)], Nov. 29, 1999, 113 Stat. 1536, 1501A–396 to 1501A–398; Pub. L. 106–169, title I, § 121(a)(2), (c)(5), Dec. 14, 1999, 113 Stat. 1829, 1830; Pub. L. 106–170, title II, § 201(a)(2)(B), (C), Dec. 17, 1999, 113 Stat. 1892; Pub. L. 106–354, § 2(a)(4), (c), Oct. 24, 2000, 114 Stat. 1382, 1384; Pub. L. 106–554, § 1(a)(6) [title VII, § 709(a), title VIII, § 802(d)(1), (2), title IX, § 911(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–578, 2763A–581, 2763A–584; Pub. L. 108–357, title VII, § 712(a)(1), Oct. 22, 2004, 118 Stat. 1558; Pub. L. 109–171, title VI, § 6062(c)(2), Feb. 8, 2006, 120 Stat. 98; Pub. L. 110–275, title I, §§ 112, 118(a), July 15, 2008, 122 Stat. 2503, 2507; Pub. L. 111–148, title II, §§ 2001(a)(3), (5)(C), (e)(2)(A), 2005(c)(1), 2006, 2301(a), 2302(a), 2303(a)(4)(A), 2304, 2402(d)(2)(B), title IV, §§ 4106(a), (b), 4107(a), title X, § 10201(c), Mar. 23, 2010, 124 Stat. 272, 275, 279, 284, 292–294, 296, 304, 559, 560, 918; Pub. L. 111–152, title I, §§ 1201, 1202(b), Mar. 30, 2010, 124 Stat. 1051, 1053; Pub. L. 112–96, title III, § 3204(a), Feb. 22, 2012, 126 Stat. 193; Pub. L. 112–141, div. F, title I, § 100123(b), July 6, 2012, 126 Stat. 915; Pub. L. 114–255, div. B, title XII, § 12005(a), Dec. 13, 2016, 130 Stat. 1275; Pub. L. 115–271, title I, §§ 1006(b)(2), (3), 1012(a), title V, § 5052(a)(1), Oct. 24, 2018, 132 Stat. 3914, 3919, 3971; Pub. L. 116–59, div. B, title III, § 1302, Sept. 27, 2019, 133 Stat. 1105; Pub. L. 116–69, div. B, title III, § 1302, Nov. 21, 2019, 133 Stat. 1137; Pub. L. 116–94, div. N, title I, § 202(c), Dec. 20, 2019, 133 Stat. 3107; Pub. L. 116–127, div. F, §§ 6004(a)(1), (3)(D), 6008(c), Mar. 18, 2020, 134 Stat. 204, 206, 209; Pub. L. 116–136, div. A, title III, § 3717, Mar. 27, 2020, 134 Stat. 425; Pub. L. 116–159, div. C, title VI, § 2601(a), Oct. 1, 2020, 134 Stat. 738; Pub. L. 116–260, div. CC, title II, § 210(a), title IV, § 402(f)(1), Dec. 27, 2020, 134 Stat. 2989, 3001; Pub. L. 117–2, title IX, §§ 9811(a)(1), (b), 9814, 9815, Mar. 11, 2021, 135 Stat. 208, 211, 215; Pub. L. 117–43, div. D, title I, § 3105(a), Sept. 30, 2021, 135 Stat. 380; Pub. L. 117–70, div. C, title I, § 2104(a), Dec. 3, 2021, 135 Stat. 1504; Pub. L. 117–86, div. B, title I, § 1104(a), Feb. 18, 2022, 136 Stat. 17; Pub. L. 117–103, div. P, title II, § 201(a), Mar. 15, 2022, 136 Stat. 802; Pub. L. 117–169, title I, § 11405(a)(3), Aug. 16, 2022, 136 Stat. 1901; Pub. L. 117–180, div. D, title I, § 103, Sept. 30, 2022, 136 Stat. 2135; Pub. L. 117–229, div. C, title I, § 103, Dec. 16, 2022, 136 Stat. 2311; Pub. L. 117–328, div. FF, title V, §§ 5101(b), 5121(b), 5122(a)(1), Dec. 29, 2022, 136 Stat. 5934, 5942, 5943; Pub. L. 118–42, div. G, title I, §§ 201(a), 205(c)(3), (4), 209(a), Mar. 9, 2024, 138 Stat. 399, 406, 412.) Editorial Notes REFERENCES IN TEXT Section 606 of this title, referred to in subsec. (a)(ii), was repealed and a new section 606 enacted by Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted, no longer contains a subsec. (b)(1). The Indian Health Care Improvement Act, referred to in subsecs. (b) and (l)(2)(B), is Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400. Title V of the Act is classified gen- erally to subchapter IV (§ 1651 et seq.) of chapter 18 of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables. For the effective date of this clause, referred to in subsec. (b)(6), see Effective Date of 2022 Amendment note set out under section 1396a of this title. Section 211 of Pub. L. 93–66, referred to in subsec. (k), is section 211 of Pub. L. 93–66, July 9, 1973, 87 Stat. 152, which is set out as a note under section 1382 of this title. The Indian Self-Determination Act, referred to in subsec. (l)(2)(B), is title I of Pub. L. 93–638, Jan. 4, 1975, Page 4194 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d 88 Stat. 2206, which was classified principally to part A (§ 450f et seq.) of subchapter II of chapter 14 of Title 25, Indians, prior to editorial reclassification as sub- chapter I (§ 5321 et seq.) of chapter 46 of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. Clause (ii), referred to in subsec. (l)(2)(B), was redesig- nated as cl. (iii) by Pub. L. 101–508, title IV, § 4704(c)(3), Nov. 5, 1990, 104 Stat. 1388–172. Section 607 of this title, referred to in subsec. (m)(1), was repealed and a new section 607 enacted by Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted, no longer contains a subsec. (b)(2)(B)(i). Section 212 of Public Law 93–66, referred to in subsec. (q)(1)(A), is section 212 of Pub. L. 93–66, title II, July 9, 1973, 87 Stat. 155, which is set out as a note under sec- tion 1382 of this title. Section 5001 of Public Law 111–5 and section 5001 of the American Recovery and Reinvestment Act of 2009, referred to in subsecs. (aa)(1)(A), (2)(A), and (cc), is sec- tion 5001 of Pub. L. 111–5, div. B, title V, Feb. 17, 2009, 123 Stat. 496, which was formerly set out as a note under this section. The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (aa)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. Section 10202 of the Patient Protection and Afford- able Care Act, referred to in subsec. (aa)(3), is section 10202 of Pub. L. 111–148, which is set out as a note under this section. Section 6008 of the Families First Coronavirus Re- sponse Act, referred to in subsecs. (cc) and (ii)(1), is sec- tion 6008 of Pub. L. 116–127, which amended this section and enacted provisions set out as a note under this sec- tion. Section 223 of the Protecting Access to Medicare Act, referred to in subsec. (jj)(2)(A), probably means section 223 of Pub. L. 113–93, known as the Protecting Access to Medicare Act of 2014, which is set out as a note under section 1396a of this title. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–42, § 205(c)(4), sub- stituted ‘‘the last numbered paragraph’’ for ‘‘paragraph (30)’’ in concluding provisions. Pub. L. 118–42, § 205(c)(3), made technical amendment to directory language of Pub. L. 117–328, § 5122(a)(1). See 2022 Amendment note below. Subsec. (a)(29). Pub. L. 118–42, § 201(a)(1), substituted ‘‘beginning on October 1, 2020,’’ for ‘‘for the period be- ginning October 1, 2020, and ending September 30, 2025,’’. Subsec. (a)(31), (32). Pub. L. 118–42, § 209(a)(1), added par. (31) and redesignated former par. (31) as (32). Subsec. (ee)(2). Pub. L. 118–42, § 201(a)(2), substituted ‘‘if such State certifies, not less than every 5 years and to the satisfaction of the Secretary,’’ for ‘‘for the pe- riod specified in such paragraph, if before the beginning of such period the State certifies to the satisfaction of the Secretary’’. Subsec. (jj). Pub. L. 118–42, § 209(a)(2), added subsec. (jj). 2022—Subsec. (a). Pub. L. 117–328, § 5122(a)(1), as amended by Pub. L. 118–42, § 205(c)(3), in subd. (A) fol- lowing par. (32), inserted ‘‘, or, at the option of the State, for an individual who is an eligible juvenile (as defined in section 1396a(nn)(2) of this title), while such individual is an inmate of a public institution (as de- fined in section 1396a(nn)(3) of this title) pending dis- position of charges’’ after ‘‘or in the case of an eligible juvenile described in section 1396a(a)(84)(D) of this title with respect to the screenings, diagnostic services, re- ferrals, and targeted case management services re- quired under such section’’. Pub. L. 117–328, § 5121(b), in subd. (A) following par. (31), inserted ‘‘, or in the case of an eligible juvenile de- scribed in section 1396a(a)(84)(D) of this title with re- spect to the screenings, diagnostic services, referrals, and targeted case management services required under such section’’ after ‘‘(except as a patient in a medical institution’’. Subsec. (b). Pub. L. 117–169, § 11405(a)(3)(A)–(C), sub- stituted ‘‘(5) in the case of’’ for ‘‘and (5) in the case of’’, ‘‘services described in subsection (a)(13)(A), and pro- hibits cost-sharing for such services’’ for ‘‘services and vaccines described in subparagraphs (A) and (B) of sub- section (a)(13), and prohibits cost-sharing for such serv- ices and vaccines’’, and ‘‘medical assistance for such services’’ for ‘‘medical assistance for such services and vaccines’’. Subsec. (b)(6). Pub. L. 117–169, § 11405(a)(3)(D), inserted ‘‘, and (6) during the first 8 fiscal quarters beginning on or after the effective date of this clause, in the case of a State which, as of August 16, 2022, provides medical assistance for vaccines described in subsection (a)(13)(B) and their administration and prohibits cost- sharing for such vaccines, the Federal medical assist- ance percentage, as determined under this subsection and subsection (y), shall be increased by 1 percentage point with respect to medical assistance for such vac- cines and their administration’’ before the first period. Subsec. (ff). Pub. L. 117–328, § 5101(b)(1), struck out ‘‘Temporary’’ before ‘‘increase in FMAP’’ in heading. Subsec. (ff)(2). Pub. L. 117–328, § 5101(b)(2), struck out ‘‘subject to section 1308(g)(7)(C) of this title,’’ before ‘‘for the period beginning December 21, 2019,’’ and sub- stituted ‘‘September 30, 2027,’’ for ‘‘December 23, 2022’’. Pub. L. 117–229, § 103(1), substituted ‘‘December 23, 2022’’ for ‘‘December 16, 2022’’. Pub. L. 117–180 substituted ‘‘December 16’’ for ‘‘De- cember 13’’. Pub. L. 117–103, § 201(a)(1), inserted ‘‘and for the period beginning January 1, 2022, and ending December 13, 2022’’ after ‘‘and ending December 3, 2021,’’. Subsec. (ff)(3). Pub. L. 117–328, § 5101(b)(3), substituted ‘‘beginning December 21, 2019’’ for ‘‘for the period be- ginning December 21, 2019, and ending December 23, 2022’’. Pub. L. 117–229, § 103(2), substituted ‘‘December 23, 2022’’ for ‘‘December 16, 2022’’. Pub. L. 117–180 substituted ‘‘December 16’’ for ‘‘De- cember 13’’. Pub. L. 117–103, § 201(a)(2), substituted ‘‘December 13, 2022’’ for ‘‘March 11, 2022’’. Pub. L. 117–86 substituted ‘‘March 11, 2022’’ for ‘‘Feb- ruary 18, 2022’’. 2021—Subsec. (a)(4). Pub. L. 117–2, § 9811(a)(1), added cls. (E) and (F). Subsec. (b). Pub. L. 117–2, § 9815, inserted ‘‘; for the 8 fiscal year quarters beginning with the first fiscal year quarter beginning after March 11, 2021, the Federal medical assistance percentage shall also be 100 per cen- tum with respect to amounts expended as medical as- sistance for services which are received through an Urban Indian organization (as defined in paragraph (29) of section 4 of the Indian Health Care Improvement Act) that has a grant or contract with the Indian Health Service under title V of such Act; and, for such 8 fiscal year quarters, the Federal medical assistance percentage shall also be 100 per centum with respect to amounts expended as medical assistance for services which are received through a Native Hawaiian Health Center (as defined in section 11711(4) of this title) or a qualified entity (as defined in section 11705(b) of this title) that has a grant or contract with the Papa Ola Lokahi under section 11707 of this title’’ after ‘‘(as de- fined in section 4 of the Indian Health Care Improve- ment Act)’’. Pub. L. 117–2, § 9814(1), substituted ‘‘(hh), and (ii)’’ for ‘‘and (hh)’’. Pub. L. 117–2, § 9811(b)(1), substituted ‘‘(ff), and (hh)’’ for ‘‘and (ff)’’. Subsec. (ff). Pub. L. 117–43 substituted ‘‘December 3, 2021’’ for ‘‘September 30, 2021’’ in two places. Page 4195 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d Pub. L. 117–2, § 9814(2), substituted ‘‘subject to sub- sections (hh) and (ii)’’ for ‘‘subject to subsection (hh)’’ in introductory provisions. Pub. L. 117–2, § 9811(b)(2), inserted ‘‘, subject to sub- section (hh)’’ after ‘‘or (z)(2)’’ in introductory provi- sions. Subsec. (ff)(3). Pub. L. 117–70 substituted ‘‘February 18, 2022’’ for ‘‘December 3, 2021’’. Subsec. (hh). Pub. L. 117–2, § 9811(b)(3), added subsec. (hh). Subsec. (ii). Pub. L. 117–2, § 9814(3), added subsec. (ii). 2020—Subsec. (a)(3)(A). Pub. L. 116–127, § 6004(a)(1)(A), (B), designated existing provisions as subpar. (A) and inserted ‘‘and’’ at end. Subsec. (a)(3)(B). Pub. L. 116–136 struck out ‘‘that are approved, cleared, or authorized under section 360(k), 360c, 360e or 360bbb–3 of title 21’’ after ‘‘that causes COVID–19’’. Pub. L. 116–127, § 6004(a)(1)(C), added subpar. (B). Subsec. (a)(29). Pub. L. 116–159, § 2601(a)(1), substituted ‘‘subject to paragraphs (2) and (3)’’ for ‘‘subject to para- graph (2)’’ and realigned margins. Subsec. (a)(30), (31). Pub. L. 116–260, § 210(a)(1), added par. (30) and redesignated former par. (30) as (31). Subsec. (b). Pub. L. 116–127, § 6004(a)(3)(D), inserted at end ‘‘Notwithstanding the first sentence of this sub- section, the Federal medical assistance percentage shall be 100 per centum with respect to (and, notwith- standing any other provision of this subchapter, avail- able for) medical assistance provided to uninsured indi- viduals (as defined in section 1396a(ss) of this title) who are eligible for such assistance only on the basis of sec- tion 1396a(a)(10)(A)(ii)(XXIII) of this title and with re- spect to expenditures described in section 1396b(a)(7) of this title that a State demonstrates to the satisfaction of the Secretary are attributable to administrative costs related to providing for such medical assistance to such individuals under the State plan.’’ Subsec. (p)(1)(A). Pub. L. 116–260, § 402(f)(1), inserted ‘‘or who is enrolled under part B for the purpose of cov- erage of immunosuppressive drugs under section 1395o(b) of this title’’ after ‘‘under section 1395i–2a of this title)’’. Subsec. (cc). Pub. L. 116–127, § 6008(c), inserted before period at end ‘‘and section 6008 of the Families First Coronavirus Response Act, except that in applying such treatments to the increases in the Federal medical as- sistance percentage under section 6008 of the Families First Coronavirus Response Act, the reference to ‘De- cember 31, 2009’ shall be deemed to be a reference to ‘March 11, 2020’ ’’. Subsec. (ee)(3). Pub. L. 116–159, § 2601(a)(2), added par. (3). Subsec. (gg). Pub. L. 116–260, § 210(a)(2), added subsec. (gg). 2019—Subsec. (b). Pub. L. 116–59, § 1302(1), substituted ‘‘(aa), and (ff)’’ for ‘‘and (aa)’’. Subsec. (ff). Pub. L. 116–94 amended subsec. (ff) gen- erally. Prior to amendment, text read as follows: ‘‘Not- withstanding subsection (b) or (z)(2), the Federal med- ical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be equal to 100 percent for the period beginning October 1, 2019, and ending December 20, 2019.’’ Pub. L. 116–69 substituted ‘‘December 20, 2019’’ for ‘‘November 21, 2019’’. Pub. L. 116–59, § 1302(2), added subsec. (ff). 2018—Subsec. (a). Pub. L. 115–271, § 5052(a)(1), in subd. (B) following par. (30), inserted ‘‘(except in the case of services provided under a State plan amendment de- scribed in section 1396n(l) of this title)’’ before period at end. Pub. L. 115–271, § 1012(a), inserted at end ‘‘In the case of a woman who is eligible for medical assistance on the basis of being pregnant (including through the end of the month in which the 60-day period beginning on the last day of her pregnancy ends), who is a patient in an institution for mental diseases for purposes of re- ceiving treatment for a substance use disorder, and who was enrolled for medical assistance under the State plan immediately before becoming a patient in an in- stitution for mental diseases or who becomes eligible to enroll for such medical assistance while such a pa- tient, the exclusion from the definition of ‘medical as- sistance’ set forth in the subdivision (B) following para- graph (30) of the first sentence of this subsection shall not be construed as prohibiting Federal financial par- ticipation for medical assistance for items or services that are provided to the woman outside of the institu- tion.’’ Subsec. (a)(29), (30). Pub. L. 115–271, § 1006(b)(2), added par. (29) and redesignated former par. (29) as (30). Subsec. (ee). Pub. L. 115–271, § 1006(b)(3), added subsec. (ee). 2016—Subsec. (a)(16). Pub. L. 114–255 substituted ‘‘(A) effective January 1, 1973’’ for ‘‘effective January 1, 1973’’ and inserted before semicolon at end ‘‘, and, (B) for individuals receiving services described in subpara- graph (A), early and periodic screening, diagnostic, and treatment services (as defined in subsection (r)), wheth- er or not such screening, diagnostic, and treatment services are furnished by the provider of the services described in such subparagraph’’. 2012—Subsec. (aa)(1)(A). Pub. L. 112–96, § 3204(a)(1)(A), substituted ‘‘the State’s regular FMAP shall be in- creased by 50 percent of the number of percentage points by which the State’s regular FMAP for such fis- cal year is less than the Federal medical assistance percentage determined for the State for the preceding fiscal year after the application of only subsection (a) of section 5001 of Public Law 111–5 (if applicable to the preceding fiscal year) and without regard to this sub- section, subsections (y) and (z), and subsections (b) and (c) of section 5001 of Public Law 111–5.’’ for ‘‘the Federal medical assistance percentage determined for the fiscal year without regard to this subsection, subsection (y), subsection (z), and section 10202 of the Patient Protec- tion and Affordable Care Act, increased by 50 percent of the number of percentage points by which the Federal medical assistance percentage determined for the State for the fiscal year without regard to this subsection, subsection (y), subsection (z), and section 10202 of the Patient Protection and Affordable Care Act, is less than the Federal medical assistance percentage deter- mined for the State for the preceding fiscal year after the application of only subsection (a) of section 5001 of Public Law 111–5 (if applicable to the preceding fiscal year) and without regard to this subsection, subsection (y), and subsections (b) and (c) of section 5001 of Public Law 111–5.’’ Subsec. (aa)(1)(B). Pub. L. 112–141 substituted ‘‘25 per- cent (or 50 percent in the case of fiscal year 2013)’’ for ‘‘25 percent’’. Pub. L. 112–96, § 3204(a)(1)(B), substituted ‘‘State’s reg- ular FMAP for such fiscal year shall be increased by 25 percent of the number of percentage points by which the State’s regular FMAP for such fiscal year is less than the Federal medical assistance percentage re- ceived by the State during the preceding fiscal year.’’ for ‘‘Federal medical assistance percentage determined for the preceding fiscal year under this subsection for the State, increased by 25 percent of the number of per- centage points by which the Federal medical assistance percentage determined for the State for the fiscal year without regard to this subsection, subsection (y), sub- section (z), and section 10202 of the Patient Protection and Affordable Care Act, is less than the Federal med- ical assistance percentage determined for the State for the preceding fiscal year under this subsection.’’ Subsec. (aa)(2)(A). Pub. L. 112–96, § 3204(a)(2)(A), sub- stituted ‘‘State’s regular FMAP for the fiscal year’’ for ‘‘Federal medical assistance percentage determined for the State for the fiscal year without regard to this sub- section, subsection (y), subsection (z), and section 10202 of the Patient Protection and Affordable Care Act,’’ and ‘‘subsections (y) and (z)’’ for ‘‘subsection (y)’’. Subsec. (aa)(2)(B). Pub. L. 112–96, § 3204(a)(2)(B), sub- stituted ‘‘State’s regular FMAP for the fiscal year’’ for ‘‘Federal medical assistance percentage determined for Page 4196 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d the State for the fiscal year without regard to this sub- section, subsection (y), subsection (z), and section 10202 of the Patient Protection and Affordable Care Act,’’. Subsec. (aa)(3), (4). Pub. L. 112–96, § 3204(a)(3), (4), added par. (3) and redesignated former par. (3) as (4). 2010—Subsec. (a). Pub. L. 111–148, § 2304, inserted ‘‘or the care and services themselves, or both’’ before ‘‘(if provided in or after’’ in introductory provisions. Subsec. (a)(xiv). Pub. L. 111–148, § 10201(c)(1), inserted ‘‘or 1396a(a)(10)(A)(i)(IX)’’ after ‘‘section 1396a(a)(10)(A)(i)(VIII)’’. Pub. L. 111–148, § 2001(a)(5)(C), added cl. (xiv). Subsec. (a)(xv). Pub. L. 111–148, § 2001(e)(2)(A), added cl. (xv). Subsec. (a)(xvi). Pub. L. 111–148, § 2303(a)(4)(A), added cl. (xvi). Subsec. (a)(xvii). Pub. L. 111–148, § 2402(d)(2)(B), added cl. (xvii). Subsec. (a)(4). Pub. L. 111–148, § 4107(a)(1), added cl. (D). Subsec. (a)(13). Pub. L. 111–148, § 4106(a), amended par. (13) generally. Prior to amendment, par. (13) read as follows: ‘‘other diagnostic, screening, preventive, and rehabilitative services, including any medical or reme- dial services (provided in a facility, a home, or other setting) recommended by a physician or other licensed practitioner of the healing arts within the scope of their practice under State law, for the maximum reduc- tion of physical or mental disability and restoration of an individual to the best possible functional level;’’. Subsec. (a)(28), (29). Pub. L. 111–148, § 2301(a)(1), added par. (28) and redesignated former par. (28) as (29). Subsec. (b). Pub. L. 111–148, § 10201(c)(2), inserted ‘‘, (z),’’ before ‘‘and (aa)’’ in first sentence. Pub. L. 111–148, § 4106(b), substituted ‘‘, (4)’’ for ‘‘and (4)’’ and inserted before period at end of first sentence ‘‘, and (5) in the case of a State that provides medical assistance for services and vaccines described in sub- paragraphs (A) and (B) of subsection (a)(13), and pro- hibits cost-sharing for such services and vaccines, the Federal medical assistance percentage, as determined under this subsection and subsection (y) (without re- gard to paragraph (1)(C) of such subsection), shall be in- creased by 1 percentage point with respect to medical assistance for such services and vaccines and for items and services described in subsection (a)(4)(D)’’. Pub. L. 111–148, § 2006(1), substituted ‘‘subsections (y) and (aa)’’ for ‘‘subsection (y)’’ in first sentence. Pub. L. 111–148, § 2005(c)(1), substituted ‘‘shall be 55 percent’’ for ‘‘shall be 50 per centum’’ in first sentence. Pub. L. 111–148, § 2001(a)(3)(A), inserted ‘‘subsection (y) and’’ before ‘‘section 1396u–3(d) of this title’’ in first sentence. Subsec. (l)(3). Pub. L. 111–148, § 2301(a)(2), added par. (3). Subsec. (o)(1)(A). Pub. L. 111–148, § 2302(a)(1), sub- stituted ‘‘subparagraphs (B) and (C)’’ for ‘‘subparagraph (B)’’. Subsec. (o)(1)(C). Pub. L. 111–148, § 2302(a)(2), added subpar. (C). Subsec. (y). Pub. L. 111–148, § 2001(a)(3)(B), added sub- sec. (y). Subsec. (y)(1). Pub. L. 111–152, § 1201(1)(B), added par. (1) and struck out former par. (1). Prior to amendment, par. (1) related to the amount of increase for the Fed- eral medical assistance percentage. Subsec. (y)(1)(B)(ii)(II). Pub. L. 111–152, § 1201(1)(A), re- designated subcl. (II) as par. (5) of subsec. (z). Pub. L. 111–148, § 10201(c)(3)(A), inserted ‘‘includes in- patient hospital services,’’ after ‘‘100 percent of the poverty line, that’’. Subsec. (y)(2)(A). Pub. L. 111–148, § 10201(c)(3)(B), sub- stituted ‘‘as of December 1, 2009’’ for ‘‘on March 23, 2010’’. Subsec. (z). Pub. L. 111–148, § 10201(c)(4), added subsec. (z). Subsec. (z)(1)(A). Pub. L. 111–152, § 1201(2)(A), sub- stituted ‘‘December 31, 2015’’ for ‘‘September 30, 2019’’. Subsec. (z)(1)(B)(i). Pub. L. 111–152, § 1201(2)(A), sub- stituted ‘‘paragraph (3)’’ for ‘‘subsection (y)(1)(B)(ii)(II)’’. Subsec. (z)(2). Pub. L. 111–152, § 1201(2)(B), added par. (2) and struck out former par. (2), which read as fol- lows: ‘‘(A) During the period that begins on January 1, 2014, and ends on December 31, 2016, notwithstanding sub- section (b), the Federal medical assistance percentage otherwise determined under subsection (b) with respect to all or any portion of a fiscal year occurring during that period shall be increased by .5 percentage point for a State described in subparagraph (B) for amounts ex- pended for medical assistance under the State plan under this subchapter or under a waiver of that plan during that period. ‘‘(B) For purposes of subparagraph (A), a State de- scribed in this subparagraph is a State that— ‘‘(i) is described in clauses (i) and (ii) of paragraph (1)(B); and ‘‘(ii) is the State with the highest percentage of its population insured during 2008, based on the Current Population Survey.’’ Subsec. (z)(3). Pub. L. 111–152, § 1201(2)(C), redesig- nated par. (5) as (3), struck out heading, and sub- stituted ‘‘A State is’’ for ‘‘For purposes of the table in subclause (I), a State is’’. Pub. L. 111–152, § 1201(2)(B), struck out par. (3), which read as follows: ‘‘Notwithstanding subsection (b) and paragraphs (1) and (2) of this subsection, the Federal medical assistance percentage otherwise determined under subsection (b) with respect to all or any portion of a fiscal year that begins on or after January 1, 2017, for the State of Nebraska, with respect to amounts ex- pended for newly eligible individuals described in sub- clause (VIII) of section 1396a(a)(10)(A)(i) of this title, shall be determined as provided for under subsection (y)(1)(A) (notwithstanding the period provided for in such paragraph).’’ Subsec. (z)(4). Pub. L. 111–152, § 1201(2)(B), struck out par. (4) which read as follows: ‘‘The increase in the Fed- eral medical assistance percentage for a State under paragraphs (1), (2), or (3) shall apply only for purposes of this subchapter and shall not apply with respect to— ‘‘(A) disproportionate share hospital payments de- scribed in section 1396r–4 of this title; ‘‘(B) payments under subchapter IV; ‘‘(C) payments under subchapter XXI; and ‘‘(D) payments under this subchapter that are based on the enhanced FMAP described in section 1397ee(b) of this title.’’ Subsec. (z)(5). Pub. L. 111–152, § 1201(2)(C), redesig- nated par. (5) as (3). Pub. L. 111–152, § 1201(1)(A), redesignated subsec. (y)(1)(B)(ii)(II) as subsec. (z)(5) and realigned margins. Subsec. (aa). Pub. L. 111–148, § 2006(2), added subsec. (aa). Subsec. (aa)(1), (2). Pub. L. 111–148, § 10201(c)(5), sub- stituted ‘‘without regard to this subsection, subsection (y), subsection (z), and section 10202 of the Patient Pro- tection and Affordable Care Act’’ for ‘‘without regard to this subsection and subsection (y)’’ wherever appear- ing. Subsec. (bb). Pub. L. 111–148, § 4107(a)(2), added subsec. (bb). Subsec. (cc). Pub. L. 111–148, § 10201(c)(6), added sub- sec. (cc). Subsec. (dd). Pub. L. 111–152, § 1202(b), added subsec. (dd). 2008—Subsec. (p)(1)(C). Pub. L. 110–275, § 112, inserted ‘‘or, effective beginning with January 1, 2010, whose re- sources (as so determined) do not exceed the maximum resource level applied for the year under subparagraph (D) of section 1395w–114(a)(3) of this title (determined without regard to the life insurance policy exclusion provided under subparagraph (G) of such section) appli- cable to an individual or to the individual and the indi- vidual’s spouse (as the case may be)’’ before period at end. Subsec. (p)(5)(A). Pub. L. 110–275, § 118(a), inserted at end ‘‘The Secretary shall provide for the translation of such application form into at least the 10 languages (other than English) that are most often used by indi- Page 4197 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d viduals applying for hospital insurance benefits under section 426 or 426–1 of this title and shall make the translated forms available to the States and to the Commissioner of Social Security.’’ 2006—Subsec. (u)(2)(B). Pub. L. 109–171 inserted at end ‘‘Such term excludes any child eligible for medical as- sistance only by reason of section 1396a(a)(10)(A)(ii)(XIX) of this title.’’ 2004—Subsec. (a)(27), (28). Pub. L. 108–357, § 712(a)(1)(A), added par. (27) and redesignated former par. (27) as (28). Subsec. (x). Pub. L. 108–357, § 712(a)(1)(B), added sub- sec. (x). 2000—Subsec. (a)(xiii). Pub. L. 106–354, § 2(a)(4), added cl. (xiii). Subsec. (b). Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(d)(1)], in last sentence, substituted ‘‘the State’s available allotment under section 1397dd of this title’’ for ‘‘the State’s allotment under section 1397dd of this title (not taking into account reductions under section 1397dd(d)(2) of this title) for the fiscal year reduced by the amount of any payments made under section 1397ee of this title to the State from such allotment for such fiscal year’’. Pub. L. 106–354, § 2(c), in first sentence, struck out ‘‘and’’ before ‘‘(3)’’ and inserted before period at end ‘‘, and (4) the Federal medical assistance percentage shall be equal to the enhanced FMAP described in sec- tion 1397ee(b) of this title with respect to medical as- sistance provided to individuals who are eligible for such assistance only on the basis of section 1396a(a)(10)(A)(ii)(XVIII) of this title’’. Subsec. (p)(5). Pub. L. 106–554, § 1(a)(6) [title VII, § 709(a)], added par. (5). Subsec. (p)(6). Pub. L. 106–554, § 1(a)(6) [title IX, § 911(a)(2)], added par. (6). Subsec. (u)(1)(B). Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(d)(2)], struck out ‘‘and section 1397dd(d) of this title’’ before period at end. 1999—Subsec. (a)(xii). Pub. L. 106–170, § 201(a)(2)(C), added cl. (xii). Subsec. (a)(15). Pub. L. 106–113, § 1000(a)(6) [title VI, § 608(aa)(3)], substituted ‘‘1396a(a)(31) of this title’’ for ‘‘1396a(a)(31)(A) of this title’’. Subsec. (b). Pub. L. 106–113, § 1000(a)(6) [title VI, § 605(a)], inserted ‘‘(other than expenditures under sec- tion 1396r–4 of this title)’’ after ‘‘with respect to ex- penditures’’ in last sentence. Subsec. (b)(1). Pub. L. 106–113, § 1000(a)(6) [title VI, § 608(l)], substituted ‘‘83 per centum,’’ for ‘‘83 per cen- tum,,’’. Subsec. (l)(2)(B). Pub. L. 106–113, § 1000(a)(6) [title VI, § 608(m)], substituted ‘‘an entity’’ for ‘‘a entity’’ in in- troductory provisions. Subsec. (v). Pub. L. 106–169, § 121(c)(5)(A), redesignated subsec. (v), related to independent foster care adoles- cent, as (w). Pub. L. 106–169, § 121(a)(2), added subsec. (v), related to independent foster care adolescent. Pub. L. 106–170, § 201(a)(2)(B), added subsec. (v). Subsec. (w). Pub. L. 106–169, § 121(c)(5), redesignated subsec. (v) as (w) and substituted ‘‘1396a(a)(10)(A)(ii)(XVII)’’ for ‘‘1396a(a)(10)(A)(ii)(XV)’’. 1997—Subsec. (a)(25). Pub. L. 105–33, § 4702(a)(1), added par. (25). Former par. (25) redesignated (26). Subsec. (a)(26). Pub. L. 105–33, § 4802(a)(1), added par. (26). Former par. (26) redesignated (27). Pub. L. 105–33, § 4702(a)(1)(B), redesignated par. (25) as (26) and substituted comma for period at end. Subsec. (a)(27). Pub. L. 105–33, § 4802(a)(1)(B), redesig- nated par. (26) as (27). Subsec. (b). Pub. L. 105–100, § 162(1), inserted ‘‘for the State for a fiscal year, and that do not exceed the amount of the State’s allotment under section 1397dd of this title (not taking into account reductions under section 1397dd(d)(2) of this title) for the fiscal year re- duced by the amount of any payments made under sec- tion 1397ee of this title to the State from such allot- ment for such fiscal year,’’ after ‘‘subsection (u)(3)’’. Pub. L. 105–33, § 4911(a)(1), inserted at end ‘‘Notwith- standing the first sentence of this subsection, in the case of a State plan that meets the condition described in subsection (u)(1), with respect to expenditures de- scribed in subsection (u)(2)(A) or subsection (u)(3) the Federal medical assistance percentage is equal to the enhanced FMAP described in section 1397ee(b) of this title.’’ Pub. L. 105–33, § 4732(b), substituted ‘‘Subject to sec- tion 1396u–3(d) of this title, the term’’ for ‘‘The term’’. Pub. L. 105–33, § 4725(b)(1), in first sentence, sub- stituted ‘‘, (2)’’ for ‘‘and (2)’’ and inserted before period ‘‘, and (3) for purposes of this subchapter and sub- chapter XXI, the Federal medical assistance percentage for the District of Columbia shall be 70 percent’’. Subsec. (l)(2)(B)(iii). Pub. L. 105–33, § 4712(d)(1), in- serted ‘‘including requirements of the Secretary that an entity may not be owned, controlled, or operated by another entity,’’ after ‘‘such a grant,’’. Subsec. (o)(3). Pub. L. 105–33, § 4711(c)(1), substituted ‘‘amount determined in section 1396a(a)(13)(B) of this title’’ for ‘‘amount described in section 1396a(a)(13)(D) of this title’’ in concluding provisions. Subsec. (p)(3). Pub. L. 105–33, § 4714(a)(2), inserted ‘‘(subject to section 1396a(n)(2) of this title)’’ after ‘‘means’’ in introductory provisions. Subsec. (t). Pub. L. 105–33, § 4702(a)(2), added subsec. (t). Subsec. (u). Pub. L. 105–33, § 4911(a)(2), added subsec. (u). Subsec. (u)(1)(B). Pub. L. 105–100, § 162(2)(A), sub- stituted ‘‘the fourth sentence of subsection (b)’’ for ‘‘paragraph (2)’’. Subsec. (u)(2)(A). Pub. L. 105–100, § 162(2)(B), sub- stituted ‘‘subparagraph (B)’’ for ‘‘subparagraph (C), but not in excess, for a State for a fiscal year, of the amount described in subparagraph (B) for the State and fiscal year’’. Subsec. (u)(2)(B), (C). Pub. L. 105–100, § 162(2)(C), added subpar. (B) and struck out former subpars. (B) and (C) which read as follows: ‘‘(B) The amount described in this subparagraph, for a State for a fiscal year, is the amount of the State’s allotment under section 1397dd of this title (not taking into account reductions under section 1397dd(d)(2) of this title) for the fiscal year reduced by the amount of any payments made under section 1397ee of this title to the State from such allotment for such fiscal year. ‘‘(C) For purposes of this paragraph, the term ‘op- tional targeted low-income child’ means a targeted low-income child as defined in section 1397jj(b)(1) of this title who would not qualify for medical assistance under the State plan under this subchapter based on such plan as in effect on April 15, 1997 (but taking into account the expansion of age of eligibility effected through the operation of section 1396a(l)(2)(D) of this title).’’ Subsec. (u)(3). Pub. L. 105–100, § 162(2)(D), substituted ‘‘described in this paragraph’’ for ‘‘described in this subparagraph’’ and ‘‘March 31, 1997’’ for ‘‘April 15, 1997’’. Subsec. (u)(4). Pub. L. 105–100, § 162(2)(E), added par. (4). 1996—Subsec. (l)(2)(B)(i), (ii)(II). Pub. L. 104–299 sub- stituted ‘‘section 254b of this title’’ for ‘‘section 254b, 254c, 256, or 256a of this title’’. 1994—Subsecs. (j), (q)(2). Pub. L. 103–296 substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. 1993—Subsec. (a)(xi). Pub. L. 103–66, § 13603(e)(1)–(3), added cl. (xi). Subsec. (a)(7). Pub. L. 103–66, § 13601(a)(1), struck out ‘‘including personal care services (A) prescribed by a physician for an individual in accordance with a plan of treatment, (B) provided by an individual who is quali- fied to provide such services and who is not a member of the individual’s family, (C) supervised by a reg- istered nurse, and (D) furnished in a home or other lo- cation; but not including such services furnished to an inpatient or resident of a nursing facility’’ after ‘‘serv- ices’’. Subsec. (a)(17). Pub. L. 103–66, § 13605(a), inserted be- fore semicolon at end ‘‘, and without regard to whether Page 4198 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d or not the services are performed in the area of man- agement of the care of mothers and babies throughout the maternity cycle’’. Subsec. (a)(19). Pub. L. 103–66, § 13603(e)(4), amended par. (19) generally, inserting reference to TB-related services described in section 1396a(z)(2)(F) of this title. Subsec. (a)(21). Pub. L. 103–66, § 13601(a)(2), struck out ‘‘and’’ at end. Subsec. (a)(22). Pub. L. 103–66, § 13601(a)(4), redesig- nated par. (23) as (22). Former par. (22) redesignated (25). Subsec. (a)(23). Pub. L. 103–66, § 13601(a)(4), redesig- nated par. (24) as (23). Former par. (23) redesignated (22). Subsec. (a)(24). Pub. L. 103–66, § 13601(a)(5), added par. (24). Former par. (24) redesignated (23). Pub. L. 103–66, § 13601(a)(3), which directed amend- ment of par. (24) by substituting semicolon for comma at end, was executed by substituting semicolon for pe- riod at end to reflect the probable intent of Congress. Subsec. (a)(25). Pub. L. 103–66, § 13601(a)(4), redesig- nated par. (22) as (25), transferred such par. to appear after par. (23), and substituted period for semicolon at end. Subsec. (l)(2)(B). Pub. L. 103–66, § 13631(f)(2)(B), in con- cluding provisions, inserted ‘‘or by an urban Indian or- ganization receiving funds under title V of the Indian Health Care Improvement Act for the provision of pri- mary health services’’ before ‘‘. In applying clause’’. Subsec. (l)(2)(B)(i). Pub. L. 103–66, § 13631(f)(2)(A), sub- stituted ‘‘256, or 256a’’ for ‘‘or 256’’. Pub. L. 103–66, § 13606(a)(1), struck out ‘‘or’’ at end. Subsec. (l)(2)(B)(ii). Pub. L. 103–66, § 13631(f)(2)(A), sub- stituted ‘‘256, or 256a’’ for ‘‘or 256’’ in subcl. (II). Pub. L. 103–66, § 13606(a)(2), (3), realigned margin and substituted a comma for semicolon at end. Subsec. (l)(2)(B)(iv). Pub. L. 103–66, § 13606(a)(4), (5), added cl. (iv). Subsec. (r)(1)(A)(i). Pub. L. 103–66, § 13631(g)(1)(A), in- serted ‘‘and, with respect to immunizations under sub- paragraph (B)(iii), in accordance with the schedule re- ferred to in section 1396s(c)(2)(B)(i) of this title for pedi- atric vaccines’’ after ‘‘child health care’’. Subsec. (r)(1)(B)(iii). Pub. L. 103–66, § 13631(g)(1)(B), in- serted ‘‘(according to the schedule referred to in sec- tion 1396s(c)(2)(B)(i) of this title for pediatric vac- cines)’’ after ‘‘appropriate immunizations’’. 1990—Subsec. (a). Pub. L. 101–508, § 4722, inserted at end ‘‘No service (including counseling) shall be ex- cluded from the definition of ‘medical assistance’ solely because it is provided as a treatment service for alco- holism or drug dependency.’’ Pub. L. 101–508, § 4402(d)(2), inserted at end ‘‘The pay- ment described in the first sentence may include ex- penditures for medicare cost-sharing and for premiums under part B of subchapter XVIII for individuals who are eligible for medical assistance under the plan and (A) are receiving aid or assistance under any plan of the State approved under subchapter I, X, XIV, or XVI, or part A of subchapter IV, or with respect to whom supplemental security income benefits are being paid under subchapter XVI, or (B) with respect to whom there is being paid a State supplementary payment and are eligible for medical assistance equal in amount, du- ration, and scope to the medical assistance made avail- able to individuals described in section 1396a(a)(10)(A) of this title, and, except in the case of individuals 65 years of age or older and disabled individuals entitled to health insurance benefits under subchapter XVIII who are not enrolled under part B of subchapter XVIII, other insurance premiums for medical or any other type of remedial care or the cost thereof.’’ Subsec. (a)(x). Pub. L. 101–508, § 4713(b), added cl. (x). Subsec. (a)(2)(C). Pub. L. 101–508, § 4704(e)(1), repealed Pub. L. 101–239, § 6402(c)(1). See 1989 Amendment note below. Subsec. (a)(7). Pub. L. 101–508, § 4721(a), substituted ‘‘services including personal care services’’ for ‘‘serv- ices’’ and added subpars. (A) to (D). Subsec. (a)(13). Pub. L. 101–508, § 4719(a), inserted be- fore semicolon at end ‘‘, including any medical or re- medial services (provided in a facility, a home, or other setting) recommended by a physician or other licensed practitioner of the healing arts within the scope of their practice under State law, for the maximum reduc- tion of physical or mental disability and restoration of an individual to the best possible functional level’’. Subsec. (a)(22). Pub. L. 101–508, § 4711(a)(1), which di- rected amendment of par. (22) by striking ‘‘and’’ at end, could not be executed because the word did not appear. Subsec. (a)(23). Pub. L. 101–508, § 4712(a)(1), inserted ‘‘and’’ after semicolon at end. Pub. L. 101–508, § 4711(a)(2), (3), which directed amend- ment of subsec. (a) by redesignating par. (23) as (24) and adding a new par. (23), was executed by adding the new par. (23), there being no former par. (23). Subsec. (a)(24). Pub. L. 101–508, § 4712(a)(2), (3), which directed amendment of subsec. (a) by redesignating par. (24) as (25) and adding a new par. (24), was executed by adding the new par. (24), there being no former par. (24). Subsec. (h)(1)(A). Pub. L. 101–508, § 4755(a)(1)(A), in- serted ‘‘or in another inpatient setting that the Sec- retary has specified in regulations’’ after ‘‘section 1395x(f) of this title’’. Subsec. (l)(2)(A). Pub. L. 101–508, § 4704(c)(1), sub- stituted ‘‘patient’’ for ‘‘outpatient’’. Subsec. (l)(2)(B). Pub. L. 101–508, § 4704(d)(2), which di- rected amendment of subpar. (B) by inserting ‘‘and in- cludes an outpatient health program or facility oper- ated by a tribe or tribal organization under the Indian Self-Determination Act (Public Law 93–638).’’ after and below cl. (ii), was executed by inserting the new lan- guage after cl. (iii) to reflect the probable intent of Congress and the intervening redesignation of former cl. (ii) as (iii) by Pub. L. 101–508, § 4704(c)(3). See below. Pub. L. 101–508, § 4704(c)(2), substituted ‘‘entity’’ for ‘‘facility’’ in introductory provisions. Subsec. (l)(2)(B)(ii), (iii). Pub. L. 101–508, § 4704(c)(3), (d)(1), added cl. (ii), redesignated former cl. (ii) as (iii), and substituted comma for period at end of cl. (iii). Subsec. (n)(2). Pub. L. 101–508, § 4601(a)(2), substituted ‘‘age of 19’’ for ‘‘age of 7 (or any age designated by the State that exceeds 7 but does not exceed 8)’’. Subsec. (o)(1)(A). Pub. L. 101–508, § 4717, inserted ‘‘and for which payment may otherwise be made under sub- chapter XVIII’’ after ‘‘section 1395d(d)(2)(A) of this title’’. Subsec. (o)(3). Pub. L. 101–508, § 4705(a)(1), struck out ‘‘a State which elects not to provide medical assistance for hospice care, but provides medical assistance for skilled nursing or intermediate care facility services with respect to’’ after ‘‘In the case of’’ in introductory provisions. Pub. L. 101–508, § 4705(a)(3), (4), in concluding provi- sions, substituted ‘‘the additional amount described in section 1396a(a)(13)(D) of this title’’ for ‘‘the amounts allocated under the plan for room and board in the fa- cility, in accordance with the rates established under section 1396a(a)(13) of this title,’’ and struck out at end ‘‘For purposes of this paragraph and section 1396a(a)(13)(D) of this title, the term ‘room and board’ includes performance of personal care services, includ- ing assistance in activities of daily living, in social- izing activities, administration of medication, main- taining the cleanliness of a resident’s room, and super- vising and assisting in the use of durable medical equipment and prescribed therapies.’’ Subsec. (o)(3)(A), (C). Pub. L. 101–508, § 4705(a)(2), sub- stituted ‘‘nursing facility or intermediate care facility for the mentally retarded’’ for ‘‘skilled nursing or in- termediate care facility’’. Subsec. (p)(1)(B). Pub. L. 101–508, § 4501(e)(1)(A), which directed amendment of subpar. (B) by inserting ‘‘, except as provided in paragraph (2)(D)’’ after ‘‘sup- plementary social security income program’’, was exe- cuted by inserting the new language after ‘‘supple- mental security income program’’ to reflect the prob- able intent of Congress. Subsec. (p)(2)(B). Pub. L. 101–508, § 4501(a)(1), inserted ‘‘and’’ at end of cl. (ii), substituted ‘‘100 percent.’’ for ‘‘95 percent, and’’ in cl. (iii), and struck out cl. (iv) which read as follows: ‘‘January 1, 1992, is 100 percent.’’ Page 4199 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d Subsec. (p)(2)(C). Pub. L. 101–508, § 4501(a)(2), sub- stituted ‘‘95 percent, and’’ for ‘‘90 percent,’’ in cl. (iii) and ‘‘100 percent.’’ for ‘‘95 percent, and’’ in cl. (iv) and struck out cl. (v) which read as follows: ‘‘January 1, 1993, is 100 percent.’’ Subsec. (p)(2)(D). Pub. L. 101–508, § 4501(e)(1)(B), added subpar. (D). Subsec. (p)(4). Pub. L. 101–508, § 4501(c)(2), inserted at end ‘‘In the case of any State which is providing med- ical assistance to its residents under a waiver granted under section 1315 of this title, the Secretary shall re- quire the State to meet the requirement of section 1396a(a)(10)(E) of this title in the same manner as the State would be required to meet such requirement if the State had in effect a plan approved under this sub- chapter.’’ Subsec. (p)(4)(B). Pub. L. 101–508, § 4501(c)(1), inserted ‘‘or 1396a(a)(10)(E)(iii) of this title’’ after ‘‘subpara- graph (B)’’. 1989—Subsec. (a)(2)(B). Pub. L. 101–239, § 6404(a)(2), substituted ‘‘subsection (l)(1)’’ for ‘‘subsection (l)’’ in two places. Subsec. (a)(2)(C). Pub. L. 101–239, § 6404(a)(3), added cl. (C) relating to Federally-qualified health center serv- ices. Pub. L. 101–239, § 6402(c)(1), which directed addition of cl. (C) relating to ambulatory services, was repealed by Pub. L. 101–508, § 4704(e)(1). Subsec. (a)(4)(B). Pub. L. 101–239, § 6403(d)(2), amended cl. (B) generally. Prior to amendment, cl. (B) read as follows: ‘‘effective July 1, 1969, such early and periodic screening and diagnosis of individuals who are eligible under the plan and are under the age of 21 to ascertain their physical or mental defects, and such health care, treatment, and other measures to correct or ameliorate defects and chronic conditions discovered thereby, as may be provided in regulations of the Secretary; and’’. Subsec. (a)(21), (22). Pub. L. 101–239, § 6405(a), added par. (21) and redesignated former par. (21) as (22). Subsec. (l). Pub. L. 101–239, § 6404(b), designated exist- ing provisions as par. (1), redesignated former cls. (1) and (2) as (A) and (B), respectively, and added par. (2). Subsec. (p)(1)(A). Pub. L. 101–239, § 6408(d)(4)(B), in- serted ‘‘, but not including an individual entitled to such benefits only pursuant to an enrollment under section 1395i–2a of this title’’ after ‘‘section 1395i–2 of this title’’. Subsec. (p)(3)(A). Pub. L. 101–239, § 6408(d)(4)(A)(i), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘Premiums under sub- chapter XVIII of this chapter (including under part B and, if applicable, under section 1395i–2 of this title).’’ Subsec. (p)(3)(A)(i). Pub. L. 101–239, § 6408(d)(4)(A)(ii), substituted ‘‘section 1395i–2 or 1395i–2a’’ for ‘‘section 1395i–2’’. Subsec. (p)(3)(C). Pub. L. 101–234, § 201(b)(1), sub- stituted ‘‘Deductibles’’ for ‘‘Subject to paragraph (4), deductibles’’ and ‘‘section 1395e of this title and section 1395l(b) of this title)’’ for ‘‘section 1395e of this title, section 1395l(b) of this title, and section 1395m(c)(1) of this title’’. Subsec. (p)(4), (5). Pub. L. 101–234, § 201(b)(2), redesig- nated par. (5) as (4) and struck out former par. (4) which read as follows: ‘‘In a State which provides medical as- sistance for prescribed drugs under subsection (a)(12) of this section, instead of providing to qualified medicare beneficiaries, under paragraph (3)(C), medicare cost- sharing with respect to the annual deductible for cov- ered outpatient drugs under section 1395m(c)(1) of this title, the State may provide to such beneficiaries, be- fore charges for covered outpatient drugs for a year reach such deductible amount, benefits for prescribed drugs in the same amount, duration, and scope as the benefits made available under the State plan for indi- viduals described in section 1396a(a)(10)(A)(i) of this title.’’ Subsec. (r). Pub. L. 101–239, § 6403(c), inserted at end ‘‘The Secretary shall, not later than July 1, 1990, and every 12 months thereafter, develop and set annual par- ticipation goals for each State for participation of indi- viduals who are covered under the State plan under this subchapter in early and periodic screening, diag- nostic, and treatment services.’’ Pub. L. 101–239, § 6403(a), added subsec. (r). Subsec. (s). Pub. L. 101–239, § 6408(d)(2), added subsec. (s). 1988—Subsec. (a). Pub. L. 100–647, § 8434(b)(3), sub- stituted ‘‘in the case of medicare cost-sharing with re- spect to a qualified medicare beneficiary’’ for ‘‘in the case of a qualified medicare beneficiary’’ in introduc- tory provisions. Subsec. (a)(ix). Pub. L. 100–485, § 303(b)(2), added cl. (ix). Subsec. (a)(5)(B). Pub. L. 100–360, § 411(k)(4), sub- stituted ‘‘described in clause (A) if’’ for ‘‘described in subparagraph (A) if’’. Subsec. (a)(17). Pub. L. 100–360, § 411(h)(4)(E), amended Pub. L. 100–203, § 4073(d)(1), see 1987 Amendment note below. Subsec. (i). Pub. L. 100–360, § 411(k)(14)(A), added sub- sec. (i). Subsec. (m). Pub. L. 100–485, § 401(d)(2), added subsec. (m). Subsec. (o)(1). Pub. L. 100–360, § 411(k)(8)(A), made clarifying amendment to directory language of Pub. L. 100–203, § 4114, see 1987 Amendment note below. Subsec. (o)(1)(B). Pub. L. 100–360, § 411(k)(8)(B), struck out ‘‘only’’ after ‘‘For purposes of this subchapter’’ and substituted ‘‘immune deficiency syndrome (AIDS)’’ for ‘‘immunodeficiency syndrome’’. Subsec. (o)(3). Pub. L. 100–485, § 608(f)(3), realigned the margin of par. (3). Subsec. (p)(1). Pub. L. 100–647, § 8434(a), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B) which read: ‘‘who, but for section 1396a(a)(10)(E) of this title, is not eligible for medical assistance under the plan,’’. Subsec. (p)(1)(B). Pub. L. 100–360, § 301(a)(2), struck out ‘‘and the election of the State’’ after ‘‘1396a(a)(10)(E) of this title’’. Subsec. (p)(1)(C). Pub. L. 100–360, § 301(c)(1), as amend- ed by Pub. L. 100–485, § 608(d)(14)(E)(i), substituted ‘‘paragraph (2)’’ for ‘‘paragraph (2)(A)’’. Subsec. (p)(1)(D). Pub. L. 100–360, § 301(c)(2), as amend- ed by Pub. L. 100–485, § 608(d)(14)(E)(ii), substituted ‘‘twice’’ for ‘‘(except as provided in paragraph (2)(B))’’. Subsec. (p)(2)(A). Pub. L. 100–647, § 8434(b)(4), sub- stituted ‘‘paragraph (1)(B)’’ for ‘‘paragraph (1)(C)’’. Pub. L. 100–360, § 301(b)(1), as amended by Pub. L. 100–485, § 608(d)(14)(A), substituted ‘‘shall be at least the percent provided under subparagraph (B) (but not more than 100 percent)’’ for ‘‘may not exceed a percentage (not more than 100 percent)’’. Pub. L. 100–360, § 301(c)(3)(A), which directed amend- ment of subpar. (A) by striking ‘‘(2)(A)’’ and inserting ‘‘(2)’’, was repealed by Pub. L. 100–485, § 608(d)(14)(E)(iii). Pub. L. 100–360, § 301(b)(2), which directed amendment of subpar. (A) by inserting ‘‘(i)’’ after ‘‘(2)(A)’’, was re- pealed by Pub. L. 100–485, § 608(d)(14)(B). Subsec. (p)(2)(B). Pub. L. 100–360, § 301(b)(2), formerly § 301(b)(3), as renumbered and amended by Pub. L. 100–485, § 608(d)(14)(B)–(D)(ii), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘In the case of a State that provides medical assistance to individuals not described in section 1396a(a)(10)(A) of this title and at the State’s option, the State may use under paragraph (1)(D) such resource level (which is higher than the level described in that paragraph) as may be applicable with respect to individuals described in paragraph (1)(A) who are not described in section 1396a(a)(10)(A) of this title.’’ Pub. L. 100–360, § 301(c)(3)(B), which directed amend- ment of par. (2) by striking subpar. (B), was repealed by Pub. L. 100–485, § 608(d)(14)(E)(iii). Subsec. (p)(2)(C). Pub. L. 100–360, § 301(b)(2), formerly § 301(b)(3), as renumbered and amended by Pub. L. 100–485, § 608(d)(14)(B), (C), (D)(i), (iii), added subpar. (C). Subsec. (p)(3). Pub. L. 100–360, § 301(d)(1), as added by Pub. L. 100–485, § 608(d)(14)(G)(ii), inserted ‘‘without re- gard to whether the costs incurred were for items and Page 4200 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d services for which medical assistance is otherwise available under the plan’’ after ‘‘qualified medicare beneficiary’’ in introductory provisions. Subsec. (p)(3)(A). Pub. L. 100–360, § 301(d)(2), formerly § 301(d)(1), as renumbered by Pub. L. 100–485, § 608(d)(14)(G)(i), substituted ‘‘under subchapter XVIII of this chapter (including under part B and, if applica- ble, under section 1395i–2 of this title)’’ for ‘‘under part B and (if applicable) under section 1395i–2 of this title’’. Subsec. (p)(3)(B). Pub. L. 100–360, § 301(d)(3), formerly § 301(d)(2), as renumbered by Pub. L. 100–485, § 608(d)(14)(G)(i), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘Deductibles and coinsurance described in section 1395e of this title.’’ Subsec. (p)(3)(C). Pub. L. 100–360, § 301(d)(3), formerly § 301(d)(2), as renumbered and amended by Pub. L. 100–485, § 608(d)(14)(F), (G)(i), amended subpar. (C) gen- erally. Prior to amendment, subpar. (C) read as follows: ‘‘The annual deductible described in section 1395l(b) of this title.’’ Subsec. (p)(4). Pub. L. 100–360, § 301(d)(4), formerly § 301(d)(3), as renumbered by Pub. L. 100–485, § 618(d)(14)(G)(i), added par. (4). Subsec. (p)(5). Pub. L. 100–360, § 301(g)(2), as amended by Pub. L. 100–485, § 608(d)(14)(J), added par. (5). 1987—Subsec. (a)(4)(A). Pub. L. 100–203, § 4211(f), struck out ‘‘skilled’’ before ‘‘nursing’’. Subsec. (a)(5). Pub. L. 100–203, § 4211(h)(6)(A), struck out ‘‘skilled’’ before ‘‘nursing’’ in cl. (A). Pub. L. 100–203, § 4103(a), designated existing provi- sions as cl. (A) and added cl. (B). Subsec. (a)(9). Pub. L. 100–203, § 4105(a), inserted provi- sion including services furnished to an eligible indi- vidual who does not reside in a permanent dwelling or have a fixed home or mailing address. Subsec. (a)(14). Pub. L. 100–203, § 4211(h)(6)(B), sub- stituted ‘‘and nursing facility services’’ for ‘‘, skilled nursing facility services, and intermediate care facility services’’. Subsec. (a)(15). Pub. L. 100–203, § 4211(h)(6)(C), sub- stituted ‘‘services in an intermediate care facility for the mentally retarded (other than’’ for ‘‘intermediate care facility services (other than such services’’. Subsec. (a)(17). Pub. L. 100–203, § 4073(d)(1), as amended by Pub. L. 100–360, § 411(h)(4)(E), substituted ‘‘(as de- fined in section 1395x(gg) of this title)’’ for ‘‘(as defined in subsection (m) of this section)’’. Subsec. (c). Pub. L. 100–203, § 4211(e)(1), amended sub- sec. (c) generally. Prior to amendment, subsec. (c) de- fined ‘‘intermediate care facility’’. Subsec. (d). Pub. L. 100–203, § 4211(e)(2), substituted ‘‘intermediate care facility for the mentally retarded’’ for ‘‘intermediate care facility’’ and ‘‘means an’’ for ‘‘may include services in a public’’, and in par. (3) in- serted ‘‘in the case of a public institution’’ after ‘‘(3)’’. Subsec. (f). Pub. L. 100–203, § 4211(e)(3), struck out ‘‘skilled’’ before ‘‘nursing’’ in four places and before ‘‘rehabilitation’’. Subsec. (i). Pub. L. 100–203, § 4211(e)(4), struck out sub- sec. (i) which provided that for purposes of this sub- chapter ‘‘skilled nursing facility’’ also includes any in- stitution which is located in a State on an Indian res- ervation and is certified by the Secretary as being a qualified skilled nursing facility by meeting the re- quirements of section 1395x(j) of this title. Subsec. (m). Pub. L. 100–203, § 4073(d)(2), struck out subsec. (m) which defined ‘‘nurse-midwife’’. See section 1395x(gg) of this title. Subsec. (n)(2). Pub. L. 100–203, § 4101(c)(1), substituted ‘‘has not attained the age of 7 (or any age designated by the State that exceeds 7 but does not exceed 8)’’ for ‘‘is under 5 years of age’’. Subsec. (o)(1). Pub. L. 100–203, § 4114, as amended by Pub. L. 100–360, § 411(k)(8)(A), designated existing provi- sions as subpar. (A), substituted ‘‘Subject to subpara- graph (B), the’’ for ‘‘The’’, and added subpar. (B). Subsec. (p)(2)(A). Pub. L. 100–203, § 4118(p)(8), struck out ‘‘nonfarm’’ before ‘‘official’’. 1986—Subsec. (a). Pub. L. 99–509, § 9403(g)(3), inserted ‘‘or, in the case of a qualified medicare beneficiary de- scribed in subsection (p)(1), if provided after the month in which the individual becomes such a beneficiary’’ after ‘‘makes application for assistance’’. Subsec. (a)(18). Pub. L. 99–272, § 9505(a)(1), added par. (18). Former par. (18) redesignated (19). Subsec. (a)(19). Pub. L. 99–514, § 1895(c)(3)(A), added par. (19). Former par. (19) redesignated (20). Pub. L. 99–272, § 9505(a)(1)(B), redesignated former par. (18) as (19). Subsec. (a)(20). Pub. L. 99–509, § 9408(c)(1), added par. (20). Former par. (20) redesignated (21). Pub. L. 99–514, § 1895(c)(3)(A)(ii), redesignated former par. (19) as (20). Subsec. (a)(21). Pub. L. 99–509, § 9408(c)(1)(B), redesig- nated former par. (20) as (21). Subsec. (n)(1)(C). Pub. L. 99–272, § 9501(a), added sub- par. (C). Subsec. (n)(2). Pub. L. 99–272, § 9511(a), inserted ‘‘(or such earlier date as the State may designate)’’ after ‘‘September 30, 1983’’. Subsec. (o). Pub. L. 99–272, § 9505(a)(2), added subsec. (o). Subsec. (o)(3). Pub. L. 99–509, § 9435(b)(2), added par. (3). Subsec. (p). Pub. L. 99–509, § 9403(b), (d), added subsec. (p). Subsec. (q). Pub. L. 99–509, § 9404(b), added subsec. (q). 1984—Subsec. (a). Pub. L. 98–369, § 2335(f), substituted ‘‘mental diseases’’ for ‘‘tuberculosis or mental dis- eases’’ in subd. (B) following par. (18). Pub. L. 98–369, § 2373(b)(17), substituted ‘‘clause (vi)’’ for ‘‘clauses (vi)’’ and ‘‘well-being’’ for ‘‘well being’’ in last sentence. Subsec. (a)(1). Pub. L. 98–369, § 2335(f), substituted ‘‘mental diseases’’ for ‘‘tuberculosis or mental dis- eases’’. Subsec. (a)(4). Pub. L. 98–369, § 2335(f), substituted ‘‘mental diseases’’ for ‘‘tuberculosis or mental dis- eases’’. Pub. L. 98–369, § 2373(b)(15), inserted a semicolon be- fore ‘‘(B)’’. Subsec. (a)(9). Pub. L. 98–369, § 2371(a), amended par. (9) generally, inserting ‘‘furnished by or under the di- rection of a physician, without regard to whether the clinic itself is administered by a physician’’. Subsec. (a)(14), (15). Pub. L. 98–369, § 2335(f), sub- stituted ‘‘mental diseases’’ for ‘‘tuberculosis or mental diseases’’. Subsec. (a)(17). Pub. L. 98–369, § 2373(b)(16), substituted ‘‘the nurse-midwife’’ for ‘‘he’’ in two places. Subsec. (b). Pub. L. 98–369, § 2373(b)(18), substituted ‘‘section 1301(a)(8)(B) of this title’’ for ‘‘subparagraph (B) of section 1301(a)(8) of this title’’. Subsec. (d)(1). Pub. L. 98–369, § 2373(b)(19), substituted ‘‘the institution meets’’ for ‘‘which meet’’. Subsec. (h)(1)(A). Pub. L. 98–369, § 2340(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘inpatient services which are provided in an institution which is accredited as a psychiatric hospital by the Joint Commission on Accreditation of Hospitals;’’. Subsec. (m). Pub. L. 98–369, § 2373(b)(20), substituted ‘‘the nurse’’ for ‘‘he’’ in two places. Subsec. (n). Pub. L. 98–369, § 2361(b), added subsec. (n). 1982—Subsec. (a)(i). Pub. L. 97–248, § 137(b)(17), struck out ‘‘or any reasonable category of such individuals,’’ after ‘‘as the State may choose,’’. Subsec. (a)(viii). Pub. L. 97–248, § 137(b)(18), added cl. (viii). Subsec. (b)(2). Pub. L. 97–248, § 136(c), substituted ‘‘the Northern Mariana Islands, and American Samoa’’ for ‘‘and the Northern Mariana Islands’’. Subsec. (h)(1)(C). Pub. L. 97–248, § 137(f), redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, and redesignated cls. (A) and (B) as cls. (i) and (ii), respec- tively. 1981—Subsec. (a). Pub. L. 97–35, § 2172(b), in cl. (i), in- serted ‘‘or, at the option of the State, under the age of 20, 19, or 18 as the State may choose, or any reasonable category of such individuals,’’ and in cl. (ii), struck out reference to section 606(a)(2) of this title. Page 4201 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d Subsec. (b). Pub. L. 97–35, § 2162(a)(2), inserted ref- erence to Northern Mariana Islands. 1980—Subsec. (a)(17), (18). Pub. L. 96–499, § 965(a)(1)(B), (C), added par. (17) and redesignated former par. (17) as (18). Subsec. (c). Pub. L. 96–473 substituted ‘‘clause (1)’’ for ‘‘clauses (1)’’. Subsec. (m). Pub. L. 96–499, § 965(a)(2), added subsec. (m). 1978—Subsec. (c). Pub. L. 95–292 added cl. (4) to first sentence relating to a requirement that intermediate care facilities meet section 1395x(j)(14) of this title with respect to protection of patients’ personal funds, and inserted reference to that cl. (4) in provisions covering intermediate care facilities on Indian reservations. 1977—Subsec. (a)(2). Pub. L. 95–210, § 2(a), designated existing provisions as cl. (A) and added cl. (B). Subsec. (l). Pub. L. 95–210, § 2(b), added subsec. (l). 1976—Subsec. (b). Pub. L. 94–437 inserted provision re- quiring that the Federal medical assistance percentage be 100 per centum for services received through an In- dian Health Service facility. 1973—Subsec. (a). Pub. L. 93–233, § 13(a)(13), sub- stituted in introductory text ‘‘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 indi- viduals described in section 1396a(a)(10)(A) of this title) 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 sup- plemental security income benefits are not being paid under subchapter XVI’’ for ‘‘individuals not receiving aid or assistance under the State’s plan approved under subchapter I, X, XIV, or XVI, or part A of subchapter IV’’. Subsec. (a)(iv). Pub. L. 93–233, § 13(a)(14), inserted ‘‘with respect to States eligible to participate in the State plan program established under subchapter XVI,’’ after ‘‘blind,’’. Subsec. (a)(v). Pub. L. 93–233, § 13(a)(15), substituted ‘‘with respect to States eligible to participate in the State plan program established under subchapter XVI,’’ for ‘‘or’’. Subsec. (a)(vi). Pub. L. 93–233, § 13(a)(16), inserted ‘‘or’’ at end of text. Subsec. (a)(vii). Pub. L. 93–233, § 13(a)(17), added cl. (vii). Subsec. (a)(16). Pub. L. 93–233, § 18(x)(7), substituted ‘‘under age 21, as defined in subsection (h); and’’ for ‘‘under 21, as defined in subsection (e);’’. Subsec. (b). Pub. L. 93–233, § 18(y)(2), struck out ‘‘; except that the Secretary shall promulgate such per- centage as soon as possible after July 30, 1965, which promulgation shall be conclusive for each of the six quarters in the period beginning January 1, 1966, and ending with the close of June 30, 1966’’ after ‘‘section 1301(a)(8) of this title’’. Subsec. (c). Pub. L. 93–233, § 18(x)(8), substituted ‘‘skilled nursing facility’’ for ‘‘skilled nursing home’’ wherever appearing. Subsec. (h)(1)(B). Pub. L. 93–233, § 18(w), substituted ‘‘(i) involve active treatment’’ for ‘‘, involves active treatment (i)’’; struck out ‘‘pursuant to subchapter XVIII of this chapter’’ after ‘‘may be prescribed’’; and substituted ‘‘(ii)’’ for ‘‘(ii) which’’, respectively. Subsec. (h)(2). Pub. L. 93–233, § 18(x)(10), substituted ‘‘paragraph (1)’’ for ‘‘paragraph (e)(1)’’. Subsec. (i). Pub. L. 93–233, § 18(x)(9), redesignated sub- sec. (h) as added by Pub. L. 92–603, § 299L(b), and relat- ing to skilled nursing facility, as subsec. (i). Subsecs. (j), (k). Pub. L. 93–233, § 13(a)(18), added sub- secs. (j) and (k). 1972—Subsec. (a). Pub. L. 92–603, § 299B(c), in text fol- lowing redesignated subsec. (a)(17) substituted ‘‘as oth- erwise provided in paragraph (16),’’ for ‘‘that’’. Subsec. (a)(4). Pub. L. 92–603, §§ 278(a)(21), 299E(b), sub- stituted ‘‘skilled nursing facility’’ for ‘‘skilled nursing home’’ and added cl. (C). Subsec. (a)(5). Pub. L. 92–603, §§ 278(a)(22), 280, sub- stituted ‘‘skilled nursing facility’’ for ‘‘skilled nursing home’’ and inserted ‘‘furnished by a physician (as de- fined in section 1395x(r)(1) of this title)’’ after ‘‘physi- cians’ services’’. Subsec. (a)(14). Pub. L. 92–603, §§ 278(a)(23), 297(a), sub- stituted ‘‘skilled nursing facility’’ for ‘‘skilled nursing home’’ and inserted reference to intermediate care fa- cility services. Subsec. (a)(15) to (17). Pub. L. 92–603, § 299B(a), added par. (16) and redesignated existing pars. (15) and (16) as (17) and (15), respectively. Subsec. (c). Pub. L. 92–603, § 299L(a), inserted provi- sion defining ‘‘intermediate care facility’’ with respect to any institution located in a State on an Indian res- ervation. Subsec. (d)(3). Pub. L. 92–603, § 299, inserted provisions relating to reduction of non-Federal expenditures in any calendar quarter prior to January 1, 1975. Subsec. (e). Pub. L. 92–603, § 212(a), added subsec. (e). Subsec. (f). Pub. L. 92–603, § 247(b), added subsec. (f). Subsec. (g). Pub. L. 92–603, § 275(a), added subsec. (g). Subsec. (h). Pub. L. 92–603, § 299L(b), added subsec. (h) relating to skilled nursing facility. Pub. L. 92–603, § 299B(b), added subsec. (h) relating to inpatient psychiatric hospital services for individuals under age 21. 1971—Subsec. (a)(16). Pub. L. 92–223, § 4(a)(1)(C), added cl. (16). Subsecs. (c), (d). Pub. L. 92–223, § 4(a)(2), added sub- secs. (c) and (d). 1968—Subsec. (a). Pub. L. 90–248, § 230, inserted ‘‘, and with respect to physicians’ or dentists’ services, at the option of the State, to individuals not receiving aid or assistance under the State’s plan approved under sub- chapter I, X, XIV, XVI, or part A of subchapter IV’’ after ‘‘for individuals’’ in text preceding cl. (i). Pub. L. 90–248, § 233(b), inserted provision deeming, for purposes of cl. (vi) of the preceding sentence, a person as essential to another individual if such person is the spouse of and is living with such individual, the needs of such person are taken into account in determining the amount of aid or assistance furnished to such indi- vidual (under a State plan approved under subchapter I, X, XIV, or XV of this chapter, and such person is deter- mined, under such a State plan, to be essential to the well being of such individual. Subsec. (a)(ii). Pub. L. 90–248, § 241(f)(6), inserted ‘‘part A of’’ before ‘‘subchapter IV’’. Subsec. (a)(vi). Pub. L. 90–248, § 233(a), added cl. (vi). Subsec. (a)(4). Pub. L. 90–248, § 302(a), designated ex- isting provisions as cl. (A) and added cl. (B). Subsec. (b). Pub. L. 90–248, § 248(e), substituted in cl. (2) of first sentence ‘‘50’’ for ‘‘55’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–42, div. G, title I, § 209(b), Mar. 9, 2024, 138 Stat. 413, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to medical assistance furnished on or after the date of enactment of this Act [Mar. 9, 2024].’’ EFFECTIVE DATE OF 2022 AMENDMENT Amendment by section 5121(b) of Pub. L. 117–328 ap- plicable beginning on the first day of the first calendar quarter that begins on or after the date that is 24 months after Dec. 29, 2022, see section 5121(d) of Pub. L. 117–328, set out as a note under section 1396a of this title. Amendment by section 5122(a)(1) of Pub. L. 117–328 ef- fective on the first day of the first calendar quarter that begins after the date that is 24 months after Dec. 29, 2022, and applicable to items and services furnished for periods beginning on or after such date, see section 5122(c) of Pub. L. 117–328, set out as a note under section 1396a of this title. Amendment by Pub. L. 117–169 effective on the 1st day of the 1st fiscal quarter that begins on or after the Page 4202 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d date that is 1 year after Aug. 16, 2022, and applicable to expenditures made under a State plan or waiver of such plan under title XIX of the Social Security Act or under a State child health plan or waiver of such plan under title XXI of such Act on or after such effective date, see section 11405(c) of Pub. L. 117–169, set out as a note under section 1396a of this title. EFFECTIVE DATE OF 2020 AMENDMENT Amendment by section 210(a) of Pub. L. 116–260 appli- cable with respect to items and services furnished on or after Jan. 1, 2022, see section 210(e) of Pub. L. 116–260, set out as a note under section 1308 of this title. Pub. L. 116–159, div. C, title VI, § 2601(c), Oct. 1, 2020, 134 Stat. 738, provided that: ‘‘The amendments made by this section [amending this section and section 1396r–8 of this title] shall take effect as if included in the en- actment of section 1006(b) of the SUPPORT for Patients and Communities Act (Public Law 115–271; 132 Stat. 3914).’’ EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 1006(b)(2), (3) of Pub. L. 115–271 applicable with respect to medical assistance provided on or after Oct. 1, 2020, and before Oct. 1, 2025, with ex- ception if State legislation required, see section 1006(b)(4) of Pub. L. 115–271, set out as a note under sec- tion 1396a of this title. Pub. L. 115–271, title I, § 1012(b), Oct. 24, 2018, 132 Stat. 3920, provided that: ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Oct. 24, 2018]. ‘‘(2) RULE FOR CHANGES REQUIRING STATE LEGISLA- TION.—In the case of a State plan under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] which the Secretary of Health and Human Services determines re- quires State legislation (other than legislation appro- priating funds) in order for the plan to meet the addi- tional requirements imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these addi- tional requirements before the first day of the first cal- endar quarter beginning after the close of the first reg- ular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.’’ EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–255, div. B, title XII, § 12005(b), Dec. 13, 2016, 130 Stat. 1275, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to items and services furnished in calendar quarters beginning on or after January 1, 2019.’’ EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–141, div. F, title I, § 100123(c), July 6, 2012, 126 Stat. 915, provided that: ‘‘The amendments made by this section [amending this section and provisions set out as a note under this section] shall be effective as if included in the enactment of section 3204 of Public Law 112–96.’’ Pub. L. 112–96, title III, § 3204(b), Feb. 22, 2012, 126 Stat. 194, as amended by Pub. L. 112–141, div. F, title I, § 100123(a), July 6, 2012, 126 Stat. 915, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2012.’’ EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–148, title II, § 2005(c)(2), Mar. 23, 2010, 124 Stat. 284, as amended by Pub. L. 111–152, title I, § 1204(b)(2)(B), Mar. 30, 2010, 124 Stat. 1056, provided that: ‘‘The amendment made by paragraph (1) [amend- ing this section] takes effect on July 1, 2011.’’ Amendment by section 2301(a) of Pub. L. 111–148 effec- tive Mar. 23, 2010, and applicable to services furnished on or after such date, with certain exceptions, see sec- tion 2301(c) of Pub. L. 111–148, set out as an Effective and Termination Dates of 2010 Amendment note under section 1396a of this title. Amendment by section 2303(a)(4)(A) of Pub. L. 111–148 effective Mar. 23, 2010, and applicable to items and serv- ices furnished on or after such date, see section 2303(d) of Pub. L. 111–148, set out as an Effective and Termi- nation Dates of 2010 Amendment note under section 1396a of this title. Amendment by section 2402(d)(2)(B) of Pub. L. 111–148 effective on the first day of the first fiscal year quarter that begins after Mar. 23, 2010, see section 2402(g) of Pub. L. 111–148, set out as an Effective and Termination Dates of 2010 Amendment note under section 1396a of this title. Pub. L. 111–148, title IV, § 4106(c), Mar. 23, 2010, 124 Stat. 560, provided that: ‘‘The amendments made under this section [amending this section] shall take effect on January 1, 2013.’’ Pub. L. 111–148, title IV, § 4107(d), Mar. 23, 2010, 124 Stat. 561, provided that: ‘‘The amendments made by this section [amending this section and sections 1396o, 1396o–1, and 1396r–8 of this title] shall take effect on Oc- tober 1, 2010.’’ EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–275, title I, § 118(b), July 15, 2008, 122 Stat. 2508, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on January 1, 2010.’’ EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–171 applicable to medical assistance for items and services furnished on or after Jan. 1, 2007, see section 6062(d) of Pub. L. 109–171, set out as a note under section 1396a of this title. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–357 effective Oct. 22, 2004, and applicable to medical assistance and services pro- vided under this subchapter on or after that date, see section 712(d) of Pub. L. 108–357, set out as a note under section 1396b of this title. EFFECTIVE DATE OF 2000 AMENDMENTS Pub. L. 106–554, § 1(a)(6) [title VII, § 709(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–578, provided that: ‘‘The amendment made by subsection (a) [amending this sec- tion] shall take effect 1 year after the date of the en- actment of this Act [Dec. 21, 2000], regardless of wheth- er regulations have been promulgated to carry out such amendment by such date. The Secretary of Health and Human Services shall develop the uniform application form under such amendment by not later than 9 months after the date of the enactment of this Act.’’ Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(f)], Dec. 21, 2000, 114 Stat. 2763, 2763A–582, provided that: ‘‘The amendments made by this section [amending this sec- tion and sections 1397dd, 1397ee, and 1397jj of this title] shall be effective as if included in the enactment of sec- tion 4901 of the BBA [Pub. L. 105–33] (111 Stat. 552).’’ Amendment by section 1(a)(6) [title IX, § 911(a)(2)] of Pub. L. 106–554 effective one year after Dec. 21, 2000, see section 1(a)(6) [title IX, § 911(c)] of Pub. L. 106–554, set out as an Effective Date note under section 1320b–14 of this title. Amendment by Pub. L. 106–354 applicable to medical assistance for items and services furnished on or after Oct. 1, 2000, without regard to whether final regulations to carry out such amendments have been promulgated by such date, see section 2(d) of Pub. L. 106–354, set out as a note under section 1396a of this title. EFFECTIVE DATE OF 1999 AMENDMENTS Amendment by Pub. L. 106–170 applicable to medical assistance for items and services furnished on or after Page 4203 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d Oct. 1, 2000, see section 201(d) of Pub. L. 106–170, set out as a note under section 1396a of this title. Amendment by section 121(a)(2) of Pub. L. 106–169 ap- plicable to medical assistance for items and services furnished on or after Oct. 1, 1999, see section 121(b) of Pub. L. 106–169, set out as a note under section 1396a of this title. Pub. L. 106–113, div. B, § 1000(a)(6) [title VI, § 605(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–396, provided that: ‘‘The amendment made by subsection (a) [amending this section] takes effect on October 1, 1999, and applies to expenditures made on or after such date.’’ Pub. L. 106–113, div. B, § 1000(a)(6) [title VI, § 608(aa)], Nov. 29, 1999, 113 Stat. 1536, 1501A–398, provided that the amendment made by section 1000(a)(6) [title VI, § 608(aa)(3)] is effective as if included in the enactment of BBA [the Balanced Budget Act of 1997, Pub. L. 105–33]. Amendment by section 1000(a)(6) [title VI, § 608(l), (m)] of Pub. L. 106–113 effective Nov. 29, 1999, see section 1000(a)(6) [title VI, § 608(bb)] of Pub. L. 106–113, set out as a note under section 1396a of this title. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–100, title I, § 162, Nov. 19, 1997, 111 Stat. 2188, provided that the amendment made by that sec- tion is effective as if included in the enactment of sub- title J (§§ 4901–4923) of title IV of the Balanced Budget Act of 1997, Pub. L. 105–33. Amendment by section 4702(a) of Pub. L. 105–33 appli- cable to primary care case management services fur- nished on or after Oct. 1, 1997, subject to provisions re- lating to extension of effective date for State law amendments, and to nonapplication to waivers, see sec- tion 4710(b)(1) of Pub. L. 105–33, set out as a note under section 1396b of this title. Amendment by section 4711(c)(1) of Pub. L. 105–33 ef- fective Aug. 5, 1997, and applicable to payment for items and services furnished on or after Oct. 1, 1997, see section 4711(d) of Pub. L. 105–33, set out as a note under section 1396a of this title. Pub. L. 105–33, title IV, § 4712(d)(2), Aug. 5, 1997, 111 Stat. 509, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply to services furnished on or after the date of the enactment of this Act [Aug. 5, 1997].’’ Amendment by section 4714(a)(2) of Pub. L. 105–33 ap- plicable to payment for (and with respect to provider agreements with respect to) items and services fur- nished on or after Aug. 5, 1997, and to payment by a State for items and services furnished before such date if such payment is subject of lawsuit that is based on subsection (p) of this section and section 1396a(n) of this title and that is pending as of, or is initiated after Aug. 5, 1997, see section 4714(c) of Pub. L. 105–33, set out as a note under section 1396a of this title. Pub. L. 105–33, title IV, § 4725(b)(2), Aug. 5, 1997, 111 Stat. 518, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply to— ‘‘(A) items and services furnished on or after Octo- ber 1, 1997; ‘‘(B) payments made on a capitation or other risk- basis for coverage occurring on or after such date; and ‘‘(C) payments attributable to DSH allotments for such States determined under section 1923(f) of such Act (42 U.S.C. 1396r–4(f)) for fiscal years beginning with fiscal year 1998.’’ Amendment by section 4911(a) of Pub. L. 105–33 appli- cable to medical assistance for items and services fur- nished on or after Oct. 1, 1997, see section 4911(c) of Pub. L. 105–33, set out as a note under section 1396a of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–299 effective Oct. 1, 1996, see section 5 of Pub. L. 104–299, as amended, set out as a note under section 233 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 13601(a) of Pub. L. 103–66 effec- tive as if included in enactment of section 4721(a) of the Omnibus Budget Reconciliation Act of 1990, Pub. L. 101–508, see section 13601(c) of Pub. L. 103–66, set out as a note under section 1396a of this title. Amendment by section 13603(e) of Pub. L. 103–66 appli- cable to medical assistance furnished on or after Jan. 1, 1994, without regard to whether or not final regula- tions to carry out the amendments by section 13603 of Pub. L. 103–66 have been promulgated by such date, see section 13603(f) of Pub. L. 103–66, set out as a note under section 1396a of this title. Pub. L. 103–66, title XIII, § 13605(b), Aug. 10, 1993, 107 Stat. 621, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to serv- ices furnished on or after October 1, 1993.’’ Pub. L. 103–66, title XIII, § 13606(b), Aug. 10, 1993, 107 Stat. 621, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply to calendar quarters beginning on or after July 1, 1993.’’ Amendment by section 13631(f)(2) of Pub. L. 103–66 ap- plicable, except as otherwise provided, to calendar quarters beginning on or after Oct. 1, 1993, without re- gard to whether or not final regulations to carry out the amendments by section 13631(f) of Pub. L. 103–66 have been promulgated by such date, see section 13631(f)(3) of Pub. L. 103–66, set out as a note under sec- tion 1396a of this title. Pub. L. 103–66, title XIII, § 13631(g)(2), Aug. 10, 1993, 107 Stat. 645, provided that: ‘‘The amendments made by subparagraphs (A) and (B) of paragraph (1) [amending this section] shall first apply 90 days after the date the schedule referred to in subparagraphs [sic] (A)(i) and subparagraph (B)(iii) of section 1905(r)(1) of the Social Security Act [42 U.S.C. 1396d(r)(1)(A)(i), (B)(iii)] (as amended by such respective subparagraphs) is first es- tablished.’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 4402(d)(2) of Pub. L. 101–508 ap- plicable, except as otherwise provided, to payments under this subchapter for calendar quarters beginning on or after Jan. 1, 1991, without regard to whether or not final regulations to carry out the amendments by section 4402 of Pub. L. 101–508 have been promulgated by such date, see section 4402(e) of Pub. L. 101–508, set out as a note under section 1396a of this title. Amendment by section 4501(a), (c), (e)(1) of Pub. L. 101–508 applicable to calendar quarters beginning on or after Jan. 1, 1991, without regard to whether or not reg- ulations to implement the amendments by section 4501 of Pub. L. 101–508 are promulgated by such date, except that amendment by section 4501(e)(1) of Pub. L. 101–508 is applicable to determinations of income for months beginning with January 1991, see section 4501(f) of Pub. L. 101–508, set out as a note under section 1396a of this title. Amendment by section 4601(a)(2) of Pub. L. 101–508 ap- plicable, except as otherwise provided, to payments under this subchapter for calendar quarters beginning on or after July 1, 1991, without regard to whether or not final regulations to carry out the amendments by section 4601 of Pub. L. 101–508 have been promulgated by such date, see section 4601(b) of Pub. L. 101–508, set out as a note under section 1396a of this title. Amendment by section 4704(c), (d), (e)(1) of Pub. L. 101–508 effective as if included in the enactment of the Omnibus Budget Reconciliation Act of 1989, Pub. L. 101–239, see section 4704(f) of Pub. L. 101–508, set out as a note under section 1396a of this title. Pub. L. 101–508, title IV, § 4705(b), Nov. 5, 1990, 104 Stat. 1388–173, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall be effec- Page 4204 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d tive as if included in the amendments made by section 6408(c)(1) of the Omnibus Budget Reconciliation Act of 1989 [Pub. L. 101–239, amending section 1396a of this title].’’ Amendment by section 4711(a) of Pub. L. 101–508 ap- plicable to home and community care furnished on or after July 1, 1991, without regard to whether or not final regulations to carry out the amendments by sec- tion 4711 of Pub. L. 101–508 have been promulgated by such date, see section 4711(e) of Pub. L. 101–508, set out as a note under section 1396a of this title. Amendment by section 4712(a) of Pub. L. 101–508 ap- plicable to community supported living arrangements services furnished on or after the later of July 1, 1991, or 30 days after the publication of regulations setting forth interim requirements under section 1396u(h) of this title without regard to whether or not final regula- tions to carry out the amendments by section 4712 of Pub. L. 101–508 have been promulgated by such date, see section 4712(c) of Pub. L. 101–508, set out as an Effective Date note under section 1396u of this title. Amendment by section 4713(b) of Pub. L. 101–508 ap- plicable to medical assistance furnished on or after Jan. 1, 1991, see section 4713(c) of Pub. L. 101–508, set out as a note under section 1396a of this title. Pub. L. 101–508, title IV, § 4719(b), Nov. 5, 1990, 104 Stat. 1388–193, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 5, 1990].’’ Pub. L. 101–508, title IV, § 4721(b), Nov. 5, 1990, 104 Stat. 1388–194, provided that: ‘‘The amendment made by this section [amending this section] shall become effec- tive with respect to personal care services provided on or after October 1, 1994.’’ Pub. L. 101–508, title IV, § 4755(a)(1)(B), Nov. 5, 1990, 104 Stat. 1388–209, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall be effec- tive as if included in the enactment of the Deficit Re- duction Act of 1984 [Pub. L. 98–369].’’ EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 6403(a), (c), (d)(2) of Pub. L. 101–239 effective Apr. 1, 1990, without regard to whether or not final regulations to carry out the amendments by section 6403 of Pub. L. 101–239 have been promul- gated by such date, see section 6403(e) of Pub. L. 101–239, set out as a note under section 1396a of this title. Amendment by section 6404(a), (b) of Pub. L. 101–239 applicable, except as otherwise provided, to payments under this subchapter for calendar quarters beginning on or after Apr. 1, 1990, without regard to whether or not final regulations to carry out the amendments by section 6404 of Pub. L. 101–239 have been promulgated by such date, see section 6404(d) of Pub. L. 101–239, set out as a note under section 1396a of this title. Amendment by section 6405(a) of Pub. L. 101–239 effec- tive with respect to services furnished by a certified pe- diatric nurse practitioner or certified family nurse practitioner on or after July 1, 1990, see section 6405(c) of Pub. L. 101–239, set out as a note under section 1396a of this title. Amendment by section 6408(d)(2), (4)(A), (B) of Pub. L. 101–239 applicable, except as otherwise provided, to pay- ments under this subchapter for calendar quarters be- ginning on or after July 1, 1990, without regard to whether or not final regulations to carry out the amendments by section 6408(d) of Pub. L. 101–239 have been promulgated by such date, see section 6408(d)(5) of Pub. L. 101–239, set out as a note under section 1396a of this title. Amendment by Pub. L. 101–234 effective Jan. 1, 1990, see section 201(c) of Pub. L. 101–234, set out as a note under section 1320a–7a of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 effective as if included in the enactment of section 301 of the Medicare Cata- strophic Coverage Act of 1988, Pub. L. 100–360, see sec- tion 8434(c) of Pub. L. 100–647, set out as a note under section 1396a of this title. Amendment by section 303(b)(2) of Pub. L. 100–485 ap- plicable to payments under this subchapter for cal- endar quarters beginning on or after Apr. 1, 1990 (or, in the case of the Commonwealth of Kentucky, Oct. 1, 1990) (without regard to whether regulations to imple- ment such amendment are promulgated by such date), with respect to families that cease to be eligible for aid under part A of subchapter IV of this chapter on or after that date, see section 303(f)(1) of Pub. L. 100–485, set out as a note under section 1396a of this title. Amendment by section 401(d)(2) of Pub. L. 100–485 ef- fective Oct. 1, 1990, except as provided in subsec. (m)(2) of this section and not effective for Puerto Rico, Guam, American Samoa, and the Virgin Islands, until the date of repeal of limitations contained in section 1308(a) of this title on payments to such jurisdictions for pur- poses of making maintenance payments under this part and part E of this subchapter, see section 401(g) of Pub. L. 100–485, as amended, set out as a note under section 1396a of this title. Amendment by section 608(d)(14)(A)–(G), (J) of Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Amendment by section 608(f)(3) of Pub. L. 100–485 ef- fective Oct. 13, 1988, see section 608(g)(2) of Pub. L. 100–485, set out as a note under section 704 of this title. Amendment by section 301(a)(2)–(d) of Pub. L. 100–360 applicable, except as otherwise provided, to payments under this subchapter for calendar quarters beginning on or after Jan. 1, 1989, without regard to whether or not final regulations to carry out such amendment have been promulgated by that date, with respect to medical assistance for monthly premiums under sub- chapter XVIII of this chapter for months beginning with January 1989, and items and services furnished on and after Jan. 1, 1989, see section 301(h) of Pub. L. 100–360, set out as a note under section 1396a of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(h)(4)(E), (k)(4), (8) of Pub. L. 100–360, as it relates to a provision in the Om- nibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provi- sion in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. Pub. L. 100–360, title IV, § 411(k)(14)(B), July 1, 1988, 102 Stat. 799, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall take ef- fect on the date of the enactment of this Act [July 1, 1988].’’ EFFECTIVE DATE OF 1987 AMENDMENT Amendment by section 4073(d) of Pub. L. 100–203 effec- tive with respect to services performed on or after July 1, 1988, see section 4073(e) of Pub. L. 100–203, set out as a note under section 1395k of this title. Pub. L. 100–203, title IV, § 4101(c)(3), Dec. 22, 1987, 101 Stat. 1330–141, provided that: ‘‘(A) The amendments made by this subsection [amending this section and section 1396a of this title] shall apply to medical assistance furnished on or after October 1, 1988. ‘‘(B) For purposes of section 1905(n)(2) of the Social Security Act [42 U.S.C. 1396d(n)(2)] (as amended by sub- section (a) [probably means ‘‘subsection (c)’’]) for med- ical assistance furnished during fiscal year 1989, any reference to ‘age of 7’ is deemed to be a reference to ‘age of 6’.’’ Pub. L. 100–203, title IV, § 4103(b), Dec. 22, 1987, 101 Stat. 1330–146, provided that: ‘‘(1) The amendment made by subsection (a) [amend- ing this section] applies (except as provided under para- graph (2)) to payments under title XIX of the Social Se- curity Act [42 U.S.C. 1396 et seq.] for calendar quarters beginning on or after January 1, 1988, without regard to Page 4205 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d whether or not final regulations to carry out such amendment have been promulgated by such date. ‘‘(2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines re- quires State legislation (other than legislation appro- priating funds) in order for the plan to meet the addi- tional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act [Dec. 22, 1987].’’ Pub. L. 100–203, title IV, § 4105(b), Dec. 22, 1987, 101 Stat. 1330–147, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to services furnished on or after January 1, 1988, without regard to whether regulations to implement such amendment are promulgated by such date.’’ Amendments by section 4211(e), (f), (h)(6) of Pub. L. 100–203 applicable to nursing facility services furnished on or after Oct. 1, 1990, without regard to whether regu- lations implementing such amendments are promul- gated by such date, except as otherwise specifically provided in section 1396r of this title, with transitional rule, see section 4214(a), (b)(2) of Pub. L. 100–203, as amended, set out as an Effective Date note under sec- tion 1396r of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–514 effective, except as oth- erwise provided, as if included in enactment of the Con- solidated Omnibus Budget Reconciliation Act of 1985, Pub. L. 99–272, see section 1895(e) of Pub. L. 99–514, set out as a note under section 162 of Title 26, Internal Rev- enue Code. Amendment by section 9403(b), (d), (g)(3) of Pub. L. 99–509 applicable to payments under this subchapter for calendar quarters beginning on or after July 1, 1987, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date, see section 9403(h) of Pub. L. 99–509, set out as a note under section 1396a of this title. Amendment by section 9404(b) of Pub. L. 99–509 appli- cable, except as otherwise provided, to payments under this subchapter for calendar quarters beginning on or after July 1, 1987, without regard to whether regula- tions to implement such amendments are promulgated by such date, see section 9404(c) of Pub. L. 99–509, set out as a note under section 1396a of this title. Amendment by section 9408(c)(1) of Pub. L. 99–509 ap- plicable to services furnished on or after Oct. 21, 1986, see section 9408(d) of Pub. L. 99–509, set out as a note under section 1396a of this title. Pub. L. 99–272, title IX, § 9501(d)(1), Apr. 7, 1986, 100 Stat. 202, provided that: ‘‘(A) The amendments made by subsection (a) [amending this section] apply (except as provided under subparagraph (B)) to payments under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for calendar quarters beginning on or after the [sic] July 1, 1986, without regard to whether or not final regulations to carry out the amendments have been promulgated by that date. ‘‘(B) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines re- quires State legislation (other than legislation appro- priating funds) in order for the plan to meet the addi- tional requirement imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act [Apr. 7, 1986].’’ Amendment by section 9505(a) of Pub. L. 99–272 appli- cable to medical assistance provided for hospice care furnished on or after Apr. 7, 1986, see section 9505(e) of Pub. L. 99–272, set out as a note under section 1396a of this title. Pub. L. 99–272, title IX, § 9511(b), Apr. 7, 1986, 100 Stat. 212, as amended by Pub. L. 99–509, title IX, § 9435(d)(2), Oct. 21, 1986, 100 Stat. 2070, provided that: ‘‘The amend- ment made by this section [amending this section] shall apply to services furnished on or after April 1, 1986, without regard to whether or not regulations to carry out the amendment have been promulgated by that date.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 2335(f) of Pub. L. 98–369 effec- tive July 18, 1984, see section 2335(g) of Pub. L. 98–369, set out as a note under section 1395f of this title. Amendment by section 2340(b) of Pub. L. 98–369 effec- tive July 18, 1984, see section 2340(c) of Pub. L. 98–369, set out as a note under section 1395x of this title. Amendment by section 2361(b) of Pub. L. 98–369 appli- cable to calendar quarters beginning on or after Oct. 1, 1984, without regard to whether or not final regulations to carry out the amendment have been promulgated by such date, except as otherwise provided, see section 2361(d) of Pub. L. 98–369, set out as a note under section 1396a of this title. Pub. L. 98–369, div. B, title III, § 2371(b), July 18, 1984, 98 Stat. 1110, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to services furnished on or after the date of the enactment of this Act [July 18, 1984].’’ EFFECTIVE DATE OF 1982 AMENDMENT Amendment by section 136(c) of Pub. L. 97–248 effec- tive Oct. 1, 1982, see section 136(e) of Pub. L. 97–248, set out as a note under section 1301 of this title. Amendment by section 137(b)(17), (18) of Pub. L. 97–248 effective as if originally included as part of this section as this section was amended by the Omnibus Budget Reconciliation Act of 1981, Pub. L. 97–35, see section 137(d)(2) of Pub. L. 97–248, set out as a note under sec- tion 1396a of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 2172(b) of Pub. L. 97–35 effec- tive Aug. 13, 1981, see section 2172(c) of Pub. L. 97–35, set out as a note under section 1396a of this title. EFFECTIVE DATE OF 1980 AMENDMENT For effective date of amendment by Pub. L. 96–499, see section 965(c) of Pub. L. 96–499, set out as a note under section 1396a of this title. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–292, § 8(d)(1), June 13, 1978, 92 Stat. 316, pro- vided that: ‘‘The amendments made by subsections (a) and (b) [amending this section] shall become effective on July 1, 1978.’’ EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–210 applicable to medical assistance provided, under a State plan approved under subchapter XIX of this chapter, on and after the first day of the first calendar quarter that begins more than six months after Dec. 13, 1977, with exception for plans requiring State legislation, see section 2(f) of Pub. L. 95–210, set out as a note under section 1395cc of this title. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by section 13(a)(13)–(18) of Pub. L. 93–233 effective with respect to payments under section 1396b of this title for calendar quarters commencing after Dec. 31, 1973, see section 13(d) of Pub. L. 93–233, set out as a note under section 1396a of this title. EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–603, title II, § 212(b), Oct. 30, 1972, 86 Stat. 1384, provided that: ‘‘The provisions of subsection (e) of Page 4206 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d section 1905 of the Social Security Act [42 U.S.C. 1396d(e)] (as added by subsection (a) of this section) shall be applicable in the case of services performed on or after the date of enactment of this Act [Oct. 30, 1972].’’ Amendment by section 247(b) of Pub. L. 92–603 effec- tive with respect to services furnished after Dec. 31, 1972, see section 247(c) of Pub. L. 92–603, set out as a note under section 1395f of this title. Pub. L. 92–603, title II, § 275(b), Oct. 30, 1972, 86 Stat. 1452, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall be effective with re- spect to services furnished after June 30, 1973.’’ Pub. L. 92–603, title II, § 297(b), Oct. 30, 1972, 86 Stat. 1460, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall apply with respect to services furnished after December 31, 1972.’’ EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92–223 effective Jan. 1, 1972, see section 4(d) of Pub. L. 92–223, set out as a note under section 1396a of this title. EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–248, title II, § 248(e), Jan. 2, 1968, 81 Stat. 919, provided that the amendment made by that section is effective with respect to quarters after 1967. CONSTRUCTION OF 2004 AMENDMENT Pub. L. 108–357, title VII, § 712(a)(2), Oct. 22, 2004, 118 Stat. 1558, provided that: ‘‘Nothing in subsections (a)(27) or (x) of section 1905 of the Social Security Act (42 U.S.C. 1396d), as added by paragraph (1), shall be construed as implying that a State medicaid program under title XIX of such Act [42 U.S.C. 1396 et seq.] could not have treated, prior to the date of enactment of this Act [Oct. 22, 2004], any of the primary and secondary medical strategies and treatment and services de- scribed in such subsections as medical assistance under such program, including as early and periodic screen- ing, diagnostic, and treatment services under section 1905(r) of such Act [42 U.S.C. 1396d(r)].’’ CONSTRUCTION OF 1999 AMENDMENT Amendment by Pub. L. 106–170 to be executed as if Pub. L. 106–169 had been enacted after the enactment of Pub. L. 106–170, see section 121(c)(1) of Pub. L. 106–169, set out as a note under section 1396a of this title. REVIEW OF STATE IMPLEMENTATION OF EARLY AND PERIODIC SCREENING, DIAGNOSTIC, AND TREATMENT SERVICES Pub. L. 117–159, div. A, title I, § 11004, June 25, 2022, 136 Stat. 1319, provided that: ‘‘(a) REVIEW.— ‘‘(1) IN GENERAL.—Not later than 24 months after the date of enactment of Act [probably means ‘‘this Act’’, June 25, 2022], and every 5 years thereafter, the Secretary shall— ‘‘(A) review State implementation of the require- ments for providing early and periodic screening, diagnostic, and treatment services under Medicaid in accordance with sections 1902(a)(43), 1905(a)(4)(B), and 1905(r) of the Social Security Act (42 U.S.C. 1396a(a)(43), 1396d(a)(4)(B), 1396d(r)), including with respect to the provision of such services by man- aged care organizations, prepaid inpatient health plans, prepaid ambulatory health plans, and pri- mary care case managers; ‘‘(B) identify gaps and deficiencies with respect to State compliance with such requirements; ‘‘(C) provide technical assistance to States to ad- dress such gaps and deficiencies; and ‘‘(D) issue guidance to States on the Medicaid coverage requirements for such services that in- cludes best practices for ensuring children have ac- cess to comprehensive health care services, includ- ing children without a mental health or substance use disorder diagnosis. ‘‘(2) REPORTS TO CONGRESS.—Not later than 6 months after each date on which the Secretary com- pletes the activities described in paragraph (1), the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Energy and Com- merce of the House of Representatives a report on the most recent activities completed for purposes of such paragraph that includes the findings made, and de- scriptions of actions taken by the Secretary or by States as a result of such activities, and any addi- tional actions the Secretary plans to carry out or that States are required to carry out as a result of such activities. ‘‘(3) FUNDING.—Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this subsection, to remain available until expended, $5,000,000, for each of fiscal years 2023 and 2024, and $1,000,000 for each fiscal year thereafter. ‘‘(b) GAO STUDY AND REPORT.— ‘‘(1) STUDY.—The Comptroller General of the United States (in this subsection referred to as the ‘Comp- troller General’) shall conduct a study evaluating State implementation under Medicaid of the early and periodic screening, diagnostic, and treatment services benefit required for children by section 1905(a)(4)(B) of the Social Security Act (42 U.S.C. 1396d(a)(4)(B)) and as defined in section 1905(r) of such Act (42 U.S.C. 1396d(r)) and provided in accordance with the requirements of section 1902(a)(43) of such Act (42 U.S.C. 1396a(a)(43)), specifically with respect to State oversight of managed care organizations, prepaid inpatient health plans, prepaid ambulatory health plans, and primary care case managers, and shall provide recommendations as appropriate to im- prove State compliance with the requirements for providing such benefit, State oversight of managed care organizations, prepaid inpatient health plans, prepaid ambulatory health plans, and primary care case managers, and oversight of State programs under Medicaid by the Administrator of the Centers for Medicare & Medicaid Services. ‘‘(2) REPORT.—Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the study con- ducted under paragraph (1) that includes the rec- ommendations required by such paragraph, as well as recommendations for such legislation and adminis- trative action as the Comptroller General determines appropriate. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) MEDICAID.—The term ‘Medicaid’ means the pro- gram established under title XIX of the Social Secu- rity Act (42 U.S.C. 1396 et seq.). ‘‘(2) SECRETARY.—Except as otherwise provided, the term ‘Secretary’ means the Secretary of Health and Human Services. ‘‘(3) STATE.—The term ‘State’ has the meaning given that term in section 1101(a)(1) of the Social Se- curity Act (42 U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such Act [42 U.S.C. 1396 et seq., 1397aa et seq.].’’ ADDITIONAL SUPPORT FOR MEDICAID HOME AND COMMU- NITY-BASED SERVICES DURING THE COVID–19 EMER- GENCY Pub. L. 117–2, title IX, § 9817, Mar. 11, 2021, 135 Stat. 216, provided that: ‘‘(a) INCREASED FMAP.— ‘‘(1) IN GENERAL.—Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) or sec- tion 1905(ff), in the case of a State that meets the HCBS program requirements under subsection (b), the Federal medical assistance percentage deter- mined for the State under section 1905(b) of such Act (or, if applicable, under section 1905(ff)) and, if appli- cable, increased under subsection (y), (z), (aa), or (ii) of section 1905 of such Act (42 U.S.C. 1396d), section 1915(k) of such Act (42 U.S.C. 1396n(k)), or section 6008(a) of the Families First Coronavirus Response Page 4207 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d Act (Public Law 116–127) [set out as a note below], shall be increased by 10 percentage points with re- spect to expenditures of the State under the State Medicaid program for home and community-based services (as defined in paragraph (2)(B)) that are pro- vided during the HCBS program improvement period (as defined in paragraph (2)(A)). In no case may the application of the previous sentence result in the Federal medical assistance percentage determined for a State being more than 95 percent with respect to such expenditures. Any payment made to Puerto Rico, the Virgin Islands, Guam, the Northern Mar- iana Islands, or American Samoa for expenditures on medical assistance that are subject to the Federal medical assistance percentage increase specified under the first sentence of this paragraph shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308). ‘‘(2) DEFINITIONS.—In this section: ‘‘(A) HCBS PROGRAM IMPROVEMENT PERIOD.—The term ‘HCBS program improvement period’ means, with respect to a State, the period— ‘‘(i) beginning on April 1, 2021; and ‘‘(ii) ending on March 31, 2022. ‘‘(B) HOME AND COMMUNITY-BASED SERVICES.—The term ‘home and community-based services’ means any of the following: ‘‘(i) Home health care services authorized under paragraph (7) of section 1905(a) of the Social Secu- rity Act (42 U.S.C. 1396d(a)). ‘‘(ii) Personal care services authorized under paragraph (24) of such section. ‘‘(iii) PACE services authorized under para- graph (26) of such section. ‘‘(iv) Home and community-based services au- thorized under subsections (b), (c), (i), (j), and (k) of section 1915 of such Act (42 U.S.C. 1396n), such services authorized under a waiver under section 1115 of such Act (42 U.S.C. 1315), and such services through coverage authorized under section 1937 of such Act (42 U.S.C. 1396u–7). ‘‘(v) Case management services authorized under section 1905(a)(19) of the Social Security Act (42 U.S.C. 1396d(a)(19)) and section 1915(g) of such Act (42 U.S.C. 1396n(g)). ‘‘(vi) Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). ‘‘(vii) Such other services specified by the Sec- retary of Health and Human Services. ‘‘(C) ELIGIBLE INDIVIDUAL.—The term ‘eligible in- dividual’ means an individual who is eligible for and enrolled for medical assistance under a State Medicaid program and includes an individual who becomes eligible for medical assistance under a State Medicaid program when removed from a wait- ing list. ‘‘(D) MEDICAID PROGRAM.—The term ‘Medicaid program’ means, with respect to a State, the State program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver or demonstration under such title or under section 1115 of such Act (42 U.S.C. 1315) relating to such title). ‘‘(E) STATE.—The term ‘State’ has the meaning given such term for purposes of title XIX of the So- cial Security Act (42 U.S.C. 1396 et seq.). ‘‘(b) STATE REQUIREMENTS FOR FMAP INCREASE.—As conditions for receipt of the increase under subsection (a) to the Federal medical assistance percentage deter- mined for a State, the State shall meet each of the fol- lowing requirements (referred to in subsection (a) as the HCBS program requirements): ‘‘(1) SUPPLEMENT, NOT SUPPLANT.—The State shall use the Federal funds attributable to the increase under subsection (a) to supplement, and not supplant, the level of State funds expended for home and com- munity-based services for eligible individuals through programs in effect as of April 1, 2021. ‘‘(2) REQUIRED IMPLEMENTATION OF CERTAIN ACTIVI- TIES.—The State shall implement, or supplement the implementation of, one or more activities to en- hance, expand, or strengthen home and community- based services under the State Medicaid program.’’ TEMPORARY INCREASE OF MEDICAID FMAP Pub. L. 116–127, div. F, § 6008(a), (b), (d)–(g), Mar. 18, 2020, 134 Stat. 208, as amended by Pub. L. 116–136, div. A, title III, § 3720, Mar. 27, 2020, 134 Stat. 427; Pub. L. 116–260, div. X, § 11, Dec. 27, 2020, 134 Stat. 2417; Pub. L. 117–328, div. FF, title V, § 5131(a), Dec. 29, 2022, 136 Stat. 5949, provided that: ‘‘(a) IN GENERAL.— ‘‘(1) TEMPORARY FMAP INCREASE.—Subject to sub- sections (b) and (f), for each calendar quarter occur- ring during the period beginning on the first day of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) and ending on December 31, 2023, the Fed- eral medical assistance percentage determined for each State, including the District of Columbia, Amer- ican Samoa, Guam, the Commonwealth of the North- ern Mariana Islands, Puerto Rico, and the United States Virgin Islands, under section 1905(b) of the So- cial Security Act (42 U.S.C. 1396d(b)) shall be in- creased by the applicable number of percentage points for the quarter (as determined in paragraph (2)). ‘‘(2) APPLICABLE NUMBER OF PERCENTAGE POINTS.— For purposes of paragraph (1), the applicable number of percentage points for a calendar quarter is the fol- lowing: ‘‘(A) For each calendar quarter that occurs during the portion of the period described in paragraph (1) that ends on March 31, 2023, 6.2 percentage points. ‘‘(B) For the calendar quarter that begins on April 1, 2023, and ends on June 30, 2023, 5 percentage points. ‘‘(C) For the calendar quarter that begins on July 1, 2023, and ends on September 30, 2023, 2.5 percent- age points. ‘‘(D) For the calendar quarter that begins on Oc- tober 1, 2023, and ends on December 31, 2023, 1.5 per- centage points. ‘‘(b) REQUIREMENT FOR ALL STATES.—A State de- scribed in subsection (a)(1) may not receive the in- crease described in such subsection in the Federal med- ical assistance percentage for such State, with respect to a quarter, if— ‘‘(1) eligibility standards, methodologies, or proce- dures under the State plan of such State under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver under such title or section 1115 of such Act (42 U.S.C. 1315)) are more restrictive dur- ing such quarter than the eligibility standards, meth- odologies, or procedures, respectively, under such plan (or waiver) as in effect on January 1, 2020; ‘‘(2) the amount of any premium imposed by the State pursuant to section 1916 or 1916A of such Act (42 U.S.C. 1396o, 1396o–1) during such quarter exceeds the amount of such premium as of January 1, 2020; ‘‘(3) the State fails to provide that an individual who is enrolled for benefits under such plan (or waiv- er) as of March 18, 2020, or enrolls for benefits under such plan (or waiver) during the period beginning on March 18, 2020, and ending March 31, 2023, shall be treated as eligible for such benefits through March 31, 2023, unless the individual requests a voluntary ter- mination of eligibility or the individual ceases to be a resident of the State; or ‘‘(4) the State does not provide coverage under such plan (or waiver), without the imposition of cost shar- ing, during such quarter for any testing services and treatments for COVID–19, including vaccines, special- ized equipment, and therapies. ‘‘(d) DELAY IN APPLICATION OF PREMIUM REQUIRE- MENT.—During the 30 day period beginning on the date of enactment of this Act, a State shall not be ineligible for the increase to the Federal medical assistance per- Page 4208 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d centage of the State described in subsection (a) on the basis that the State imposes a premium that violates the requirement of subsection (b)(2) if such premium was in effect on the date of enactment of this Act. ‘‘(e) APPLICATION TO TITLE IV-E PAYMENTS.—If the District of Columbia receives the increase described in subsection (a) in the Federal medical assistance per- centage for the District of Columbia with respect to a quarter, the Federal medical assistance percentage for the District of Columbia, as so increased, shall apply to payments made to the District of Columbia under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) for that quarter, and the payments under such part shall be deemed to be made on the basis of the Federal medical assistance percentage applied with re- spect to such District for purposes of title XIX of such Act (42 U.S.C. 1396 et seq.) and as increased under sub- section (a). ‘‘(f) ELIGIBILITY REDETERMINATIONS DURING TRANSI- TION PERIOD.— ‘‘(1) IN GENERAL.— For each calendar quarter occur- ring during the portion of the period described in sub- section (a)(1) that begins on April 1, 2023, and ends on December 31, 2023 (such portion to be referred to in this subsection as the ‘transition period’), if a State described in such subsection satisfies the conditions of subsection (b) and paragraph (2) of this subsection, the State shall receive the increase to the Federal medical assistance percentage of the State applicable under subsection (a). Nothing in this subsection shall be construed as prohibiting a State, following the ex- piration of the condition described in paragraph (3) of subsection (b), from initiating renewals, post-enroll- ment verifications, and redeterminations over a 12- month period for all individuals who are enrolled in such plan (or waiver) as of April 1, 2023. ‘‘(2) CONDITIONS FOR FMAP INCREASE DURING TRANSI- TION PERIOD.—The conditions of this paragraph with respect to a State and the transition period are the following: ‘‘(A) COMPLIANCE WITH FEDERAL REQUIREMENTS.— The State conducts eligibility redeterminations under title XIX of the Social Security Act in ac- cordance with all Federal requirements applicable to such redeterminations, including renewal strate- gies authorized under section 1902(e)(14)(A) of the Social Security Act (42 U.S.C. 1396a(e)(14)(A)) or other alternative processes and procedures ap- proved by the Secretary of Health and Human Serv- ices. ‘‘(B) MAINTENANCE OF UP-TO-DATE CONTACT INFOR- MATION.—The State, using the National Change of Address Database Maintained by the United States Postal Service, State health and human services agencies, or other reliable sources of contact infor- mation, attempts to ensure that it has up-to-date contact information (including a mailing address, phone number, and email address) for each indi- vidual for whom the State conducts an eligibility redetermination. ‘‘(C) REQUIREMENT TO ATTEMPT TO CONTACT BENE- FICIARIES PRIOR TO DISENROLLMENT.—The State does not disenroll from the State plan or waiver any in- dividual who is determined ineligible for medical assistance under the State plan or waiver pursuant to such a redetermination on the basis of returned mail unless the State first undertakes a good faith effort to contact the individual using more than one modality. ‘‘(g) APPLICABLE QUARTERS.—A State that ceases to meet the requirements of subsection (b) or (f) (as appli- cable) shall not qualify for the increase described in subsection (a) in the Federal medical assistance per- centage for such State for the calendar quarter in which the State ceases to meet such requirements.’’ Pub. L. 111–5, div. B, title V, § 5001, Feb. 17, 2009, 123 Stat. 496, as amended by Pub. L. 111–226, title II, § 201, Aug. 10, 2010, 124 Stat. 2393, provided for a temporary increase of the Federal medical assistance percentage rate that States are reimbursed for most Medicaid ex- penditures through June 30, 2011. INCENTIVES FOR STATES TO OFFER HOME AND COMMU- NITY-BASED SERVICES AS A LONG-TERM CARE ALTER- NATIVE TO NURSING HOMES Pub. L. 111–148, title X, § 10202, Mar. 23, 2010, 124 Stat. 923, provided that: ‘‘(a) STATE BALANCING INCENTIVE PAYMENTS PRO- GRAM.—Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), in the case of a bal- ancing incentive payment State, as defined in sub- section (b), that meets the conditions described in sub- section (c), during the balancing incentive period, the Federal medical assistance percentage determined for the State under section 1905(b) of such Act and, if appli- cable, increased under subsection (z) or (aa) shall be in- creased by the applicable percentage points determined under subsection (d) with respect to eligible medical as- sistance expenditures described in subsection (e). ‘‘(b) BALANCING INCENTIVE PAYMENT STATE.—A bal- ancing incentive payment State is a State— ‘‘(1) in which less than 50 percent of the total ex- penditures for medical assistance under the State Medicaid program for a fiscal year for long-term serv- ices and supports (as defined by the Secretary under subsection (f))(1)) [sic] are for non-institutionally- based long-term services and supports described in subsection (f)(1)(B); ‘‘(2) that submits an application and meets the con- ditions described in subsection (c); and ‘‘(3) that is selected by the Secretary to participate in the State balancing incentive payment program established under this section. ‘‘(c) CONDITIONS.—The conditions described in this subsection are the following: ‘‘(1) APPLICATION.—The State submits an applica- tion to the Secretary that includes, in addition to such other information as the Secretary shall re- quire— ‘‘(A) a proposed budget that details the State’s plan to expand and diversify medical assistance for non-institutionally-based long-term services and supports described in subsection (f)(1)(B) under the State Medicaid program during the balancing in- centive period and achieve the target spending per- centage applicable to the State under paragraph (2), including through structural changes to how the State furnishes such assistance, such as through the establishment of a ‘no wrong door—single entry point system’, optional presumptive eligibility, case management services, and the use of core standardized assessment instruments, and that in- cludes a description of the new or expanded offer- ings of such services that the State will provide and the projected costs of such services; and ‘‘(B) in the case of a State that proposes to ex- pand the provision of home and community-based services under its State Medicaid program through a State plan amendment under section 1915(i) of the Social Security Act [42 U.S.C. 1396n(i)], at the op- tion of the State, an election to increase the in- come eligibility for such services from 150 percent of the poverty line to such higher percentage as the State may establish for such purpose, not to exceed 300 percent of the supplemental security income benefit rate established by section 1611(b)(1) of the Social Security Act (42 U.S.C. 1382(b)(1)). ‘‘(2) TARGET SPENDING PERCENTAGES.— ‘‘(A) In the case of a balancing incentive payment State in which less than 25 percent of the total ex- penditures for long-term services and supports under the State Medicaid program for fiscal year 2009 are for home and community-based services, the target spending percentage for the State to achieve by not later than October 1, 2015, is that 25 percent of the total expenditures for long-term services and supports under the State Medicaid pro- gram are for home and community-based services. ‘‘(B) In the case of any other balancing incentive payment State, the target spending percentage for Page 4209 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d the State to achieve by not later than October 1, 2015, is that 50 percent of the total expenditures for long-term services and supports under the State Medicaid program are for home and community- based services. ‘‘(3) MAINTENANCE OF ELIGIBILITY REQUIREMENTS.— The State does not apply eligibility standards, meth- odologies, or procedures for determining eligibility for medical assistance for non-institutionally-based long-term services and supports described in sub- section (f)(1)(B) under the State Medicaid program that are more restrictive than the eligibility stand- ards, methodologies, or procedures in effect for such purposes on December 31, 2010. ‘‘(4) USE OF ADDITIONAL FUNDS.—The State agrees to use the additional Federal funds paid to the State as a result of this section only for purposes of providing new or expanded offerings of non-institutionally- based long-term services and supports described in subsection (f)(1)(B) under the State Medicaid pro- gram. ‘‘(5) STRUCTURAL CHANGES.—The State agrees to make, not later than the end of the 6-month period that begins on the date the State submits an applica- tion under this section, the following changes: ‘‘(A) ‘NO WRONG DOOR—SINGLE ENTRY POINT SYS- TEM’.—Development of a statewide system to en- able consumers to access all long-term services and supports through an agency, organization, coordi- nated network, or portal, in accordance with such standards as the State shall establish and that shall provide information regarding the availability of such services, how to apply for such services, refer- ral services for services and supports otherwise available in the community, and determinations of financial and functional eligibility for such services and supports, or assistance with assessment proc- esses for financial and functional eligibility. ‘‘(B) CONFLICT-FREE CASE MANAGEMENT SERV- ICES.—Conflict-free case management services to develop a service plan, arrange for services and sup- ports, support the beneficiary (and, if appropriate, the beneficiary’s caregivers) in directing the provi- sion of services and supports for the beneficiary, and conduct ongoing monitoring to assure that services and supports are delivered to meet the beneficiary’s needs and achieve intended outcomes. ‘‘(C) CORE STANDARDIZED ASSESSMENT INSTRU- MENTS.—Development of core standardized assess- ment instruments for determining eligibility for non-institutionally-based long-term services and supports described in subsection (f)(1)(B), which shall be used in a uniform manner throughout the State, to determine a beneficiary’s needs for train- ing, support services, medical care, transportation, and other services, and develop an individual serv- ice plan to address such needs. ‘‘(6) DATA COLLECTION.—The State agrees to collect from providers of services and through such other means as the State determines appropriate the fol- lowing data: ‘‘(A) SERVICES DATA.—Services data from pro- viders of non-institutionally-based long-term serv- ices and supports described in subsection (f)(1)(B) on a per-beneficiary basis and in accordance with such standardized coding procedures as the State shall establish in consultation with the Secretary. ‘‘(B) QUALITY DATA.—Quality data on a selected set of core quality measures agreed upon by the Secretary and the State that are linked to popu- lation-specific outcomes measures and accessible to providers. ‘‘(C) OUTCOMES MEASURES.—Outcomes measures data on a selected set of core population-specific outcomes measures agreed upon by the Secretary and the State that are accessible to providers and include— ‘‘(i) measures of beneficiary and family care- giver experience with providers; ‘‘(ii) measures of beneficiary and family care- giver satisfaction with services; and ‘‘(iii) measures for achieving desired outcomes appropriate to a specific beneficiary, including employment, participation in community life, health stability, and prevention of loss in func- tion. ‘‘(d) APPLICABLE PERCENTAGE POINTS INCREASE IN FMAP.—The applicable percentage points increase is— ‘‘(1) in the case of a balancing incentive payment State subject to the target spending percentage de- scribed in subsection (c)(2)(A), 5 percentage points; and ‘‘(2) in the case of any other balancing incentive payment State, 2 percentage points. ‘‘(e) ELIGIBLE MEDICAL ASSISTANCE EXPENDITURES.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), medical assistance described in this subsection is medical as- sistance for non-institutionally-based long-term serv- ices and supports described in subsection (f)(1)(B) that is provided by a balancing incentive payment State under its State Medicaid program during the balancing incentive payment period. ‘‘(2) LIMITATION ON PAYMENTS.—In no case may the aggregate amount of payments made by the Sec- retary to balancing incentive payment States under this section during the balancing incentive period ex- ceed $3,000,000,000. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) LONG-TERM SERVICES AND SUPPORTS DEFINED.— The term ‘long-term services and supports’ has the meaning given that term by Secretary and may in- clude any of the following (as defined for purposes of State Medicaid programs): ‘‘(A) Institutionally-based long-term services and supports.—Services provided in an institution, in- cluding the following: ‘‘(i) Nursing facility services. ‘‘(ii) Services in an intermediate care facility for the mentally retarded described in subsection (a)(15) of section 1905 of such Act [42 U.S.C. 1396d(a)(15)]. ‘‘(B) Non-institutionally-based long-term services and supports.—Services not provided in an institu- tion, including the following: ‘‘(i) Home and community-based services pro- vided under subsection (c), (d), or (i) of section 1915 of such Act [42 U.S.C. 1396n(c), (d), (i)] or under a waiver under section 1115 of such Act [42 U.S.C. 1315]. ‘‘(ii) Home health care services. ‘‘(iii) Personal care services. ‘‘(iv) Services described in subsection (a)(26) of section 1905 of such Act [42 U.S.C. 1396d(a)(26)] (re- lating to PACE program services). ‘‘(v) Self-directed personal assistance services described in section 1915(j) of such Act [42 U.S.C. 1396n(j)]. ‘‘(2) BALANCING INCENTIVE PERIOD.—The term ‘bal- ancing incentive period’ means the period that begins on October 1, 2011, and ends on September 30, 2015. ‘‘(3) POVERTY LINE.—The term ‘poverty line’ has the meaning given that term in section 2110(c)(5) of the Social Security Act (42 U.S.C. 1397jj(c)(5)). ‘‘(4) STATE MEDICAID PROGRAM.—The term ‘State Medicaid program’ means the State program for med- ical assistance provided under a State plan under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] and under any waiver approved with respect to such State plan.’’ STATE AUTHORITY UNDER MEDICAID Pub. L. 111–3, title I, § 115, Feb. 4, 2009, 123 Stat. 35, provided that: ‘‘Notwithstanding any other provision of law, including the fourth sentence of subsection (b) of section 1905 of the Social Security Act (42 U.S.C. 1396d) or subsection (u) of such section, at State option, the Secretary shall provide the State with the Federal medical assistance percentage determined for the State for Medicaid with respect to expenditures described in section 1905(u)(2)(A) of such Act or otherwise made to provide medical assistance under Medicaid to a child who could be covered by the State under CHIP.’’ Page 4210 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396d [For definitions of ‘‘CHIP’’, ‘‘Medicaid’’, and ‘‘Sec- retary’’, see section 1(c) of Pub. L. 111–3, set out as a Definitions note under section 1396 of this title.] ADJUSTMENT IN COMPUTATION OF FMAP TO DISREGARD AN EXTRAORDINARY EMPLOYER PENSION CONTRIBUTION Pub. L. 111–3, title VI, § 614, Feb. 4, 2009, 123 Stat. 101, provided that: ‘‘(a) IN GENERAL.—Only for purposes of computing the FMAP (as defined in subsection (e)) for a State for a fiscal year (beginning with fiscal year 2006) and apply- ing the FMAP under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], any significantly dispropor- tionate employer pension or insurance fund contribu- tion described in subsection (b) shall be disregarded in computing the per capita income of such State, but shall not be disregarded in computing the per capita in- come for the continental United States (and Alaska) and Hawaii. ‘‘(b) SIGNIFICANTLY DISPROPORTIONATE EMPLOYER PENSION AND INSURANCE FUND CONTRIBUTION.— ‘‘(1) IN GENERAL.—For purposes of this section, a significantly disproportionate employer pension and insurance fund contribution described in this sub- section with respect to a State is any identifiable em- ployer contribution towards pension or other em- ployee insurance funds that is estimated to accrue to residents of such State for a calendar year (beginning with calendar year 2003) if the increase in the amount so estimated exceeds 25 percent of the total increase in personal income in that State for the year in- volved. ‘‘(2) DATA TO BE USED.—For estimating and adjust- ment a FMAP already calculated as of the date of the enactment of this Act [Feb. 4, 2009] for a State with a significantly disproportionate employer pension and insurance fund contribution, the Secretary shall use the personal income data set originally used in calculating such FMAP. ‘‘(3) SPECIAL ADJUSTMENT FOR NEGATIVE GROWTH.—If in any calendar year the total personal income growth in a State is negative, an employer pension and insurance fund contribution for the purposes of calculating the State’s FMAP for a calendar year shall not exceed 125 percent of the amount of such contribution for the previous calendar year for the State. ‘‘(c) HOLD HARMLESS.—No State shall have its FMAP for a fiscal year reduced as a result of the application of this section. ‘‘(d) REPORT.—Not later than May 15, 2009, the Sec- retary shall submit to the Congress a report on the problems presented by the current treatment of pen- sion and insurance fund contributions in the use of Bu- reau of Economic Affairs calculations for the FMAP and for Medicaid and on possible alternative meth- odologies to mitigate such problems. ‘‘(e) FMAP DEFINED.—For purposes of this section, the term ‘FMAP’ means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396(d) [1396d[b]]).’’ [For definitions of ‘‘Medicaid’’ and ‘‘Secretary’’, see section 1(c) of Pub. L. 111–3, set out as a Definitions note under section 1396 of this title.] TEMPORARY STATE FISCAL RELIEF Pub. L. 108–27, title IV, § 401(a), May 28, 2003, 117 Stat. 764, as amended by Pub. L. 108–74, § 2(a), Aug. 15, 2003, 117 Stat. 896, which authorized $10,000,000,000 for an in- crease of the Medicaid Federal medical assistance per- centage (FMAP) for the last 2 calendar quarters of fis- cal year 2003 and the first 3 quarters of fiscal year 2004 and set forth State eligibility requirements, and was repealed effective Oct. 1, 2004, by Pub. L. 108–27, title IV, § 401(a)(9), May 28, 2003, 117 Stat. 766. ALASKA FMAPS Pub. L. 106–554, § 1(a)(6) [title VII, § 706], Dec. 21, 2000, 114 Stat. 2763, 2763A–577, provided that: ‘‘Notwith- standing the first sentence of section 1905(b) of the So- cial Security Act (42 U.S.C. 1396d(b)), only with respect to each of fiscal years 2001 through 2005, for purposes of titles XIX and XXI of the Social Security Act [42 U.S.C. 1396 et seq., 1397aa et seq.], the State percentage used to determine the Federal medical assistance percentage for Alaska shall be that percentage which bears the same ratio to 45 percent as the square of the adjusted per capita income of Alaska (determined by dividing the State’s 3-year average per capita income by 1.05) bears to the square of the per capita income of the 50 States.’’ Pub. L. 105–33, title IV, § 4725(a), Aug. 5, 1997, 111 Stat. 518, provided that: ‘‘Notwithstanding the first sentence of section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), the Federal medical assistance percentage de- termined under such sentence for Alaska shall be 59.8 percent but only with respect to— ‘‘(1) items and services furnished under a State plan under title XIX [42 U.S.C. 1396 et seq.] or under a State child health plan under title XXI of such Act [42 U.S.C. 1397aa et seq.] during fiscal years 1998, 1999, and 2000; ‘‘(2) payments made on a capitation or other risk- basis under such titles for coverage occurring during such period; and ‘‘(3) payments under title XIX of such Act attrib- utable to DSH allotments for such State determined under section 1923(f) of such Act (42 U.S.C. 1396r–4(f)) for such fiscal years.’’ EPSDT BENEFIT STUDY AND REPORT Pub. L. 105–33, title IV, § 4744, Aug. 5, 1997, 111 Stat. 524, provided that: ‘‘(a) STUDY.— ‘‘(1) IN GENERAL.—The Secretary of Health and Human Services, in consultation with Governors, di- rectors of State medicaid programs, the American Academy of Actuaries, and representatives of appro- priate provider and beneficiary organizations, shall conduct a study of the provision of early and periodic screening, diagnostic, and treatment services under the medicaid program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] in accordance with the requirements of section 1905(r) of such Act (42 U.S.C. 1396d(r)). ‘‘(2) REQUIRED CONTENTS.—The study conducted under paragraph (1) shall include examination of the actuarial value of the provision of such services under the medicaid program and an examination of the portions of such actuarial value that are attrib- utable to paragraph (5) of section 1905(r) of such Act and to the second sentence of such section. ‘‘(b) REPORT.—Not later than 12 months after the date of the enactment of this Act [Aug. 5, 1997], the Sec- retary of Health and Human Services shall submit a re- port to Congress on the results of the study conducted under subsection (a).’’ REFERENCES TO PROVISIONS OF PART A OF SUB- CHAPTER IV CONSIDERED REFERENCES TO SUCH PRO- VISIONS AS IN EFFECT JULY 16, 1996 For provisions that certain references to provisions of part A (§ 601 et seq.) of subchapter IV of this chapter be considered references to such provisions of part A as in effect July 16, 1996, see section 1396u–1(a) of this title. LIMITATION ON DISALLOWANCES OR DEFERRAL OF FED- ERAL FINANCIAL PARTICIPATION FOR CERTAIN IN- PATIENT PSYCHIATRIC HOSPITAL SERVICES FOR INDI- VIDUALS UNDER AGE 21 Pub. L. 101–508, title IV, § 4706, Nov. 5, 1990, 104 Stat. 1388–173, provided that: ‘‘(a) IN GENERAL.—(1) If the Secretary of Health and Human Services makes a determination that a psy- chiatric facility has failed to comply with certification of need requirements for inpatient psychiatric hospital services for individuals under age 21 pursuant to sec- Page 4211 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396e tion 1905(h) of the Social Security Act [42 U.S.C. 1396d(h)], and such determination has not been subject to a final judicial decision, any disallowance or deferral of Federal financial participation under such Act [42 U.S.C. 301 et seq.] based on such determination shall only apply to the period of time beginning with the first day of noncompliance and ending with the date by which the psychiatric facility develops documentation (using plan of care or utilization review procedures) of the need for inpatient care with respect to such individ- uals. ‘‘(2) Any disallowance of Federal financial participa- tion under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] relating to the failure of a psy- chiatric facility to comply with certification of need requirements— ‘‘(A) shall not exceed 25 percent of the amount of Federal financial participation for the period de- scribed in paragraph (1); and ‘‘(B) shall not apply to any fiscal year before the fiscal year that is 3 years before the fiscal year in which the determination of noncompliance described in paragraph (1) is made. ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply to disallowance actions and deferrals of Federal financial participation with respect to services provided before the date of enactment of this Act [Nov. 5, 1990].’’ INTERMEDIATE CARE FACILITY; ACCESS AND VISITATION RIGHTS Pub. L. 100–360, title IV, § 411(l)(3)(C)(i), formerly § 411(l)(3)(C), July 1, 1988, 102 Stat. 803, as redesignated by Pub. L. 100–485, title VI, § 608(d)(27)(E), Oct. 13, 1988, 102 Stat. 2423, provided that: ‘‘Effective as of the date of the enactment of this Act [July 1, 1988] and until the effective date of section 1919(c) of such Act [42 U.S.C. 1396r(c), see Effective Date note set out under 42 U.S.C. 1396r], section 1905(c) of the Social Security Act [42 U.S.C. 1396d(c)] is deemed to include the requirement described in section 1919(c)(3)(A) of such Act (as in- serted by section 4211(a)(3) of OBRA).’’ REGULATIONS FOR INTERMEDIATE CARE FACILITIES FOR MENTALLY RETARDED Pub. L. 99–272, title IX, § 9514, Apr. 7, 1986, 100 Stat. 213, provided that: ‘‘The Secretary of Health and Human Services shall promulgate proposed regulations revising standards for intermediate care facilities for the mentally retarded under title XIX of the Social Se- curity Act [42 U.S.C. 1396 et seq.] within 60 days after the date of the enactment of this Act [Apr. 7, 1986].’’ LIFE SAFETY CODE RECOGNITION Pub. L. 99–272, title IX, § 9515, Apr. 7, 1986, 100 Stat. 213, provided that: ‘‘For purposes of section 1905(c) of the Social Security Act [42 U.S.C. 1396d(c)], an inter- mediate care facility for the mentally retarded (as de- fined in section 1905(d) of such Act) which meets the re- quirements of the relevant sections of the 1985 edition of the Life Safety Code of the National Fire Protection Association shall be deemed to meet the fire safety re- quirements for intermediate care facilities for the men- tally retarded until such time as the Secretary speci- fies a later edition of the Life Safety Code for purposes of such section, or the Secretary determines that more stringent standards are necessary to protect the safety of residents of such facilities.’’ STUDY OF FEDERAL MEDICAL ASSISTANCE PERCENTAGE FORMULA AND OF ADJUSTMENTS OF TARGET AMOUNTS FOR FEDERAL MEDICAID EXPENDITURES; REPORT TO CONGRESS Pub. L. 97–35, title XXI, § 2165, Aug. 13, 1981, 95 Stat. 806, directed the Comptroller General, in consultation with the Advisory Committee for Intergovernmental Relations, to study the Federal medical assistance per- centage formula as applicable to distribution of Fed- eral funds to States, with a view to revising the med- icaid matching formula so as to take into account fac- tors which might result in a more equitable distribu- tion of Federal funds to States under this chapter, and to report to Congress on such study not later than Oct. 1, 1982. COSTS CHARGED TO PERSONAL FUNDS OF PATIENTS IN INTERMEDIATE CARE FACILITIES; COSTS INCLUDED IN CHARGES FOR SERVICES; REGULATIONS Pub. L. 95–292, § 8(c), (d)(2), June 13, 1978, 92 Stat. 316, required the Secretary of Health, Education, and Wel- fare to issue regulations, within 90 days after enact- ment of Pub. L. 95–292 but not later than July 1, 1978, defining those costs that may be charged to the per- sonal funds of patients in intermediate care facilities who are individuals receiving medical assistance under a State plan approved under title XIX of the Social Se- curity Act, and those costs that are to be included in the reasonable cost or reasonable charge for inter- mediate care facility services. See section 1302 of this title. § 1396e. Enrollment of individuals under group health plans (a) Requirements of each State plan; guidelines Each State plan— (1) may implement guidelines established by the Secretary, consistent with subsection (b), to identify those cases in which enrollment of an individual otherwise entitled to medical as- sistance under this subchapter in a group health plan (in which the individual is other- wise eligible to be enrolled) is cost-effective (as defined in subsection (e)(2)); (2) may require, in case of an individual so identified and as a condition of the individual being or remaining eligible for medical assist- ance under this subchapter and subject to sub- section (b)(2), notwithstanding any other pro- vision of this subchapter, that the individual (or in the case of a child, the child’s parent) apply for enrollment in the group health plan; and (3) in the case of such enrollment (except as provided in subsection (c)(1)(B)), shall provide for payment of all enrollee premiums for such enrollment and all deductibles, coinsurance, and other cost-sharing obligations for items and services otherwise covered under the State plan under this subchapter (exceeding the amount otherwise permitted under section 1396o of this title), and shall treat coverage under the group health plan as a third party liability (under section 1396a(a)(25) of this title). (b) Timing of enrollment; failure to enroll (1) In establishing guidelines under subsection (a)(1), the Secretary shall take into account that an individual may only be eligible to enroll in group health plans at limited times and only if other individuals (not entitled to medical as- sistance under the plan) are also enrolled in the plan simultaneously. (2) If a parent of a child fails to enroll the child in a group health plan in accordance with subsection (a)(2), such failure shall not affect the child’s eligibility for benefits under this sub- chapter. (c) Premiums considered payments for medical assistance; eligibility (1)(A) In the case of payments of premiums, deductibles, coinsurance, and other cost-sharing