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42 U.S.C. § 11707 — Administration of grants and contracts

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

42 U.S.C. § 11707 — Administration of grants and contracts

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Stable record: federal_law:legal_authorities:record_usc_764f93e7582387bf7503b02f
Source file: Laws/federal/codes/united-states-code/title-42/section-11707-administration-of-grants-and-contracts--4ea9181c91.md
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Source location: Title 42, Chapter 122, § 11707; chapter-122-native-hawaiian-health-care.md

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**(a) Terms and conditions** The Secretary shall include in any grant made or contract entered into under this chapter such terms and conditions as the Secretary considers necessary or appropriate to ensure that the objectives of such grant or contract are achieved. **(b) Periodic review** The Secretary shall periodically evaluate the performance of, and compliance with, grants and contracts under this chapter. **(c) Administrative requirements** The Secretary may not make a grant or enter into a contract under this chapter with an entity unless the entity— (1) agrees to establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant or contract; (2) agrees to ensure the confidentiality of records maintained on individuals receiving health services under the grant or contract; (3) with respect to providing health services to any population of Native Hawaiians, a substantial portion of which has a limited ability to speak the English language— (A) has developed and has the ability to carry out a reasonable plan to provide health services under the grant or contract through individuals who are able to communicate with the population involved in the language and cultural context that is most appropriate; and (B) has designated at least one individual, fluent in both English and the appropriate language, to assist in carrying out the plan; (4) with respect to health services that are covered in the plan of the State of Hawaii approved under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.]— (A) if the entity will provide under the grant or contract any such health services directly— (i) the entity has entered into a participation agreement under such plans; and (ii) the entity is qualified to receive payments under such plan; and (B) if the entity will provide under the grant or contract any such health services through a contract with an organization— (i) the organization has entered into a participation agreement under such plan; and (ii) the organization is qualified to receive payments under such plan; and (5) agrees to submit to the Secretary and to Papa Ola Lokahi an annual report that describes the utilization and costs of health services provided under the grant or contract (including the average cost of health services per user) and that provides such other information as the Secretary determines to be appropriate. **(d) Contract evaluation** (1) If, as a result of evaluations conducted by the Secretary, the Secretary determines that an entity has not complied with or satisfactorily performed a contract entered into under [section 11705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11705&num=0&edition=prelim), the Secretary shall, prior to renewing such contract, attempt to resolve the areas of noncompliance or unsatisfactory performance and modify such contract to prevent future occurrences of such noncompliance or unsatisfactory performance. If the Secretary determines that such noncompliance or unsatisfactory performance cannot be resolved and prevented in the future, the Secretary shall not renew such contract with such entity and is authorized to enter into a contract under [section 11705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11705&num=0&edition=prelim) with another entity referred to in [section 11705(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11705/b&num=0&edition=prelim) that provides services to the same population of Native Hawaiians which is served by the entity whose contract is not renewed by reason of this subsection. (2) In determining whether to renew a contract entered into with an entity under this chapter, the Secretary shall consider the results of the evaluation under this section. (3) All contracts entered into by the Secretary under this chapter shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the Secretary, such contracts may be negotiated without advertising and may be exempted from the provisions of sections 3131 and 3133 of title 40. (4) Payments made under any contract entered into under this chapter may be made in advance, by means of reimbursement, or in installments and shall be made on such conditions as the Secretary deems necessary to carry out the purposes of this chapter. **(e) Limitation on use of funds for administrative expenses** Except for grants and contracts under [section 11706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11706&num=0&edition=prelim), the Secretary may not grant to, or enter into a contract with, an entity under this chapter unless the entity agrees that the entity will not expend more than 10 percent of amounts received pursuant to this chapter for the purpose of administering the grant or contract. **(f) Report** (1) For each fiscal year during which an entity receives or expends funds pursuant to a grant or contract under this chapter, such entity shall submit to the Secretary and to Papa Ola Lokahi a quarterly report on— (A) activities conducted by the entity under the grant or contract; (B) the amounts and purposes for which Federal funds were expended; and (C) such other information as the Secretary may request. (2) The reports and records of any entity which concern any grant or contract under this chapter shall be subject to audit by the Secretary, the Inspector General of the Department of Health and Human Services, and the Comptroller General of the United States. **(g) Annual private audit** The Secretary shall allow as a cost of any grant made or contract entered into under this chapter the cost of an annual private audit conducted by a certified public accountant.

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

42 U.S.C. § 11706 — Administrative grant for Papa Ola Lokahi

**(a) In general** In addition to any other grant or contract under this chapter, the Secretary may make grants to, or enter into contracts with, Papa Ola Lokahi for— (1) coordination, implementation, and updating (as appropriate) of the comprehensive health care master plan developed pursuant to [section 11703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11703&num=0&edition=prelim); (2) training for the persons described in [section 11705(c)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11705/c/1/B&num=0&edition=prelim); (3) identification of and research into the diseases that are most prevalent among Native Hawaiians, including behavioral, biomedical, epidemiological, and health services; (4) the development of an action plan outlining the contributions that each member organization of Papa Ola Lokahi will make in carrying out the policy of this chapter; (5) a clearinghouse function for— (A) the collection and maintenance of data associated with the health status of Native Hawaiians; (B) the identification and research into diseases affecting Native Hawaiians; and (C) the availability of Native Hawaiian project funds, research projects and publications; (6) the coordination of the health care programs and services provided to Native Hawaiians; and (7) the administration of special project funds. **(b) Authorization of appropriations** There are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 2019 to carry out subsection (a).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11706

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

42 U.S.C. § 11705 — Native Hawaiian health care systems

**(a) Comprehensive health promotion, disease prevention, and primary health services** (1) (A) The Secretary, in consultation with Papa Ola Lokahi, may make grants to, or enter into contracts with, any qualified entity for the purpose of providing comprehensive health promotion and disease prevention services as well as primary health services to Native Hawaiians. (B) In making grants and entering into contracts under this paragraph, the Secretary shall give preference to Native Hawaiian health care systems and Native Hawaiian organizations and, to the extent feasible, health promotion and disease prevention services shall be performed through Native Hawaiian health care systems. (2) In addition to paragraph (1), the Secretary may make a grant to, or enter into a contract with, Papa Ola Lokahi for the purpose of planning Native Hawaiian health care systems to serve the health needs of Native Hawaiian communities on each of the islands of O’ahu, Moloka’i, Maui, Hawai’i, Lana’i, Kaua’i, and Ni’ihau in the State of Hawaii. **(b) Qualified entity** An entity is a qualified entity for purposes of subsection (a)(1) if the entity is a Native Hawaiian health care system. **(c) Services to be provided** (1) Each recipient of funds under subsection (a)(1) shall provide the following services: (A) outreach services to inform Native Hawaiians of the availability of health services; (B) education in health promotion and disease prevention of the Native Hawaiian population by, wherever possible, Native Hawaiian health care practitioners, community outreach workers, counselors, and cultural educators; (C) services of physicians, physicians’ assistants, nurse practitioners or other health professionals; (D) immunizations; (E) prevention and control of diabete

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11705

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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

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

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1305

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

42 U.S.C. § 1396d — Definitions

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

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

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

42 U.S.C. § 300x–63 — Continuation of certain programs

**(a) In general** Of the amount allotted to the State of Hawaii under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim), and the amount allotted to such State under [section 300x–21 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-21&num=0&edition=prelim), an amount equal to the proportion of Native Hawaiians residing in the State to the total population of the State shall be available, respectively, for carrying out the program involved for Native Hawaiians. **(b) Expenditure of amounts** The amount made available under subsection (a) may be expended only through contracts entered into by the State of Hawaii with public and private nonprofit organizations to enable such organizations to plan, conduct, and administer comprehensive substance use disorder and treatment programs for the benefit of Native Hawaiians. In entering into contracts under this section, the State of Hawaii shall give preference to Native Hawaiian organizations and Native Hawaiian health centers. **(c) Definitions** For the purposes of this subsection,11 So in original. Probably should be “section,”. the terms “Native Hawaiian”, “Native Hawaiian organization”, and “Native Hawaiian health center” have the meaning given such terms in [section 11707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11707&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300x–63

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

42 U.S.C. § 11707 — Administration of grants and contracts

Page 8213 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11707 been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Pub. L. 100–579 and Pub. L. 100–690 enacted substan- tially identical sections. The text of this section is based on section 7 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 2010—Subsec. (b). Pub. L. 111–148, which directed the amendment of section 7(b) of the Native Hawaiian Health Care Act of 1988 by substituting ‘‘2019’’ for ‘‘2001’’, was executed by making the amendment to this section, which is section 7 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress. 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to assignment of per- sonnel. § 11707. Administration of grants and contracts (a) Terms and conditions The Secretary shall include in any grant made or contract entered into under this chapter such terms and conditions as the Secretary considers necessary or appropriate to ensure that the ob- jectives of such grant or contract are achieved. (b) Periodic review The Secretary shall periodically evaluate the performance of, and compliance with, grants and contracts under this chapter. (c) Administrative requirements The Secretary may not make a grant or enter into a contract under this chapter with an enti- ty unless the entity— (1) agrees to establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant or con- tract; (2) agrees to ensure the confidentiality of records maintained on individuals receiving health services under the grant or contract; (3) with respect to providing h

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11707

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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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