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20 U.S.C. § 1440 — Payor of last resort

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

20 U.S.C. § 1440 — Payor of last resort

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Stable record: federal_law:legal_authorities:record_usc_262b9c4ac069e8de7df69103
Source file: Laws/federal/codes/united-states-code/title-20/section-1440-payor-of-last-resort--6c91af80e7.md
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Source location: Title 20, Chapter 33, § 1440; chapter-033-education-of-individuals-with-disabilities.md

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**(a) Nonsubstitution** Funds provided under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1443&num=0&edition=prelim) may not be used to satisfy a financial commitment for services that would have been paid for from another public or private source, including any medical program administered by the Secretary of Defense, but for the enactment of this subchapter, except that whenever considered necessary to prevent a delay in the receipt of appropriate early intervention services by an infant, toddler, or family in a timely fashion, funds provided under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1443&num=0&edition=prelim) may be used to pay the provider of services pending reimbursement from the agency that has ultimate responsibility for the payment. **(b) Obligations related to and methods of ensuring services** (1) **Establishing financial responsibility for services** (A) *In general* — The Chief Executive Officer of a State or designee of the officer shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency and the designated lead agency, in order to ensure— (i) the provision of, and financial responsibility for, services provided under this subchapter; and (ii) such services are consistent with the requirements of [section 1435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1435&num=0&edition=prelim) and the State’s application pursuant to [section 1437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1437&num=0&edition=prelim), including the provision of such services during the pendency of any such dispute. (B) *Consistency between agreements or mechanisms under subchapter II* — The Chief Executive Officer of a State or designee of the officer shall ensure that the terms and conditions of such agreement or mechanism are consistent with the terms and conditions of the State’s agreement or mechanism under [section 1412(a)(12) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/12&num=0&edition=prelim), where appropriate. (2) **Reimbursement for services by public agency** (A) *In general* — If a public agency other than an educational agency fails to provide or pay for the services pursuant to an agreement required under paragraph (1), the local educational agency or State agency (as determined by the Chief Executive Officer or designee) shall provide or pay for the provision of such services to the child. (B) *Reimbursement* — Such local educational agency or State agency is authorized to claim reimbursement for the services from the public agency that failed to provide or pay for such services and such public agency shall reimburse the local educational agency or State agency pursuant to the terms of the interagency agreement or other mechanism required under paragraph (1). (3) **Special rule** — The requirements of paragraph (1) may be met through— (A) State statute or regulation; (B) signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or (C) other appropriate written methods as determined by the Chief Executive Officer of the State or designee of the officer and approved by the Secretary through the review and approval of the State’s application pursuant to [section 1437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1437&num=0&edition=prelim). **(c) Reduction of other benefits** Nothing in this subchapter shall be construed to permit the State to reduce medical or other assistance available or to alter eligibility under title V of the Social Security Act [[42 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701&num=0&edition=prelim) et seq.] (relating to maternal and child health) or title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.] (relating to medicaid for infants or toddlers with disabilities) within the State.

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

42 U.S.C. § 701 — Authorization of appropriations; purposes; definitions

**(a)** To improve the health of all mothers and children consistent with the applicable health status goals and national health objectives established by the Secretary under the Public Health Service Act [[42 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section201&num=0&edition=prelim) et seq.] for the year 2000, there are authorized to be appropriated $850,000,000 for fiscal year 2001 and each fiscal year thereafter— (1) for the purpose of enabling each State— (A) to provide and to assure mothers and children (in particular those with low income or with limited availability of health services) access to quality maternal and child health services; (B) to reduce infant mortality and the incidence of preventable diseases and handicapping conditions among children, to reduce the incidence of stillbirth, to reduce the need for inpatient and long-term care services, to increase the number of children (especially preschool children) appropriately immunized against disease and the number of low income children receiving health assessments and follow-up diagnostic and treatment services, and otherwise to promote the health of mothers and infants by providing prenatal, delivery, and postpartum care for low income, at-risk pregnant women, and to promote the health of children by providing preventive and primary care services for low income children; (C) to provide rehabilitation services for blind and disabled individuals under the age of 16 receiving benefits under subchapter XVI, to the extent medical assistance for such services is not provided under subchapter XIX; and (D) to provide and to promote family-centered, community-based, coordinated care (including care coordination services, as defined in subsection (b)(3)) for chi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 701

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

20 U.S.C. § 1443 — Allocation of funds

**(a) Reservation of funds for outlying areas** (1) **In general** — From the sums appropriated to carry out this subchapter for any fiscal year, the Secretary may reserve not more than 1 percent for payments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands in accordance with their respective needs for assistance under this subchapter. (2) **Consolidation of funds** — The provisions of Public Law 95–134, permitting the consolidation of grants to the outlying areas, shall not apply to funds those areas receive under this subchapter. **(b) Payments to Indians** (1) **In general** — The Secretary shall, subject to this subsection, make payments to the Secretary of the Interior to be distributed to tribes, tribal organizations (as defined under [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)), or consortia of the above entities for the coordination of assistance in the provision of early intervention services by the States to infants and toddlers with disabilities and their families on reservations served by elementary schools and secondary schools for Indian children operated or funded by the Department of the Interior. The amount of such payment for any fiscal year shall be 1.25 percent of the aggregate of the amount available to all States under this subchapter for such fiscal year. (2) **Allocation** — For each fiscal year, the Secretary of the Interior shall distribute the entire payment received under paragraph (1) by providing to each tribe, tribal organization, or consortium an amount based on the number of infants and toddlers residing on the reservation, as determined annually, divided by the total of such children s

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1443

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

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

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

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

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

20 U.S.C. § 1435 — Requirements for statewide system

**(a) In general** A statewide system described in [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) shall include, at a minimum, the following components: (1) A rigorous definition of the term “developmental delay” that will be used by the State in carrying out programs under this subchapter in order to appropriately identify infants and toddlers with disabilities that are in need of services under this subchapter. (2) A State policy that is in effect and that ensures that appropriate early intervention services based on scientifically based research, to the extent practicable, are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State and infants and toddlers with disabilities who are homeless children and their families. (3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed identification of the needs of each family of such an infant or toddler, to assist appropriately in the development of the infant or toddler. (4) For each infant or toddler with a disability in the State, an individualized family service plan in accordance with [section 1436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1436&num=0&edition=prelim), including service coordination services in accordance with such service plan. (5) A comprehensive child find system, consistent with subchapter II, including a system for making referrals to service providers that includes timelines and provides for participation by pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1435

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

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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

20 U.S.C. § 1437 — State application and assurances

**(a) Application** A State desiring to receive a grant under [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall contain— (1) a designation of the lead agency in the State that will be responsible for the administration of funds provided under [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim); (2) a certification to the Secretary that the arrangements to establish financial responsibility for services provided under this subchapter pursuant to [section 1440(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1440/b&num=0&edition=prelim) are current as of the date of submission of the certification; (3) information demonstrating eligibility of the State under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1434&num=0&edition=prelim), including— (A) information demonstrating to the Secretary’s satisfaction that the State has in effect the statewide system required by [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim); and (B) a description of services to be provided to infants and toddlers with disabilities and their families through the system; (4) if the State provides services to at-risk infants and toddlers through the statewide system, a description of such services; (5) a description of the uses for which funds will be expended in accordance with this subchapter; (6) a description

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

20 U.S.C. § 1440 — Payor of last resort

Page 994 TITLE 20—EDUCATION § 1440 istrative complaint shall have the right to bring a civil action with respect to the com- plaint in any State court of competent juris- diction or in a district court of the United States without regard to the amount in con- troversy. In any action brought under this paragraph, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate. (2) The right to confidentiality of personally identifiable information, including the right of parents to written notice of and written con- sent to the exchange of such information among agencies consistent with Federal and State law. (3) The right of the parents to determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service under this sub- chapter in accordance with State law without jeopardizing other early intervention services under this subchapter. (4) The opportunity for parents to examine records relating to assessment, screening, eli- gibility determinations, and the development and implementation of the individualized fam- ily service plan. (5) Procedures to protect the rights of the in- fant or toddler whenever the parents of the in- fant or toddler are not known or cannot be found or the infant or toddler is a ward of the State, including the assignment of an indi- vidual (who shall not be an employee of the State lead agency, or other State agency, and who shall not be any person, or any employee of a person, providing early intervention serv- ices to the infant or toddler or any family member of the in

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1440

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

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

Page 4009 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396 of the enactment of this Act [Oct. 6, 2014], the Sec- retary shall develop and report to Congress on a stra- tegic plan for collecting or otherwise accessing data on race and ethnicity for purposes of specifying quality measures and resource use and other measures under subsections (c) and (d) of section 1899B of the Social Se- curity Act, as added by subsection (a), and, as the Sec- retary determines appropriate, other similar provisions of, including payment adjustments under, title XVIII of such Act (42 U.S.C. 1395 et seq.).’’ SUBCHAPTER XIX—GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS § 1396. Medicaid and CHIP Payment and Access Commission (a) Establishment There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as ‘‘MACPAC’’). (b) Duties (1) Review of access policies for all States and annual reports MACPAC shall— (A) review policies of the Medicaid pro- gram established under this subchapter (in this section referred to as ‘‘Medicaid’’) and the State Children’s Health Insurance Pro- gram established under subchapter XXI (in this section referred to as ‘‘CHIP’’) affecting access to covered items and services, includ- ing topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such re- views and MACPAC’s recommendations con- cerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, includ- ing the impli

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

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

42 U.S.C. § 701 — Authorization of appropriations; purposes;

Page 2429 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 701 1 So in original. Probably should be capitalized. 2 See References in Text note below. retary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title. SUBCHAPTER V—MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT Editorial Notes CODIFICATION Pub. L. 97–35, title XXI, § 2192(a), Aug. 13, 1981, 95 Stat. 818, substituted ‘‘MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT’’ for ‘‘MATERNAL AND CHILD HEALTH AND CRIPPLED CHILDREN’S SERV- ICES’’ as the heading of title V of the Social Security Act [42 U.S.C. 701 et seq.] as part of the general revision of this subchapter. § 701. Authorization of appropriations; purposes; definitions (a) To improve the health of all mothers and children consistent with the applicable health status goals and national health objectives es- tablished by the Secretary under the Public Health Service Act [42 U.S.C. 201 et seq.] for the year 2000, there are authorized to be appro- priated $850,000,000 for fiscal year 2001 and each fiscal year thereafter— (1) for the purpose of enabling each State— (A) to provide and to assure mothers and children (in particular those with low in- come or with limited availability of health services) access to quality maternal and child health services; (B) to reduce infant mortality and the in- cidence of preventable diseases and handi- capping conditions among children, to re- duce the incidence of stillbirth, to reduce the need for inpatient and long-term care services, to increase the number of children (especially preschool children) appropriately immunized against disease and the numbe

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 701

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