Browse Arkansas Code titles and sections
42 U.S.C. § 1396r–1a — Presumptive eligibility for children
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A State plan approved under [section 1396a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim) may provide for making medical assistance with respect to health care items and services covered under the State plan available to a child during a presumptive eligibility period.
**(b) Definitions; regulations** For purposes of this section:
(1) The term “child” means an individual under 19 years of age.
(2) The term “presumptive eligibility period” means, with respect to a child, the period that—
(A) begins with the date on which a qualified entity determines, on the basis of preliminary information, that the family income of the child does not exceed the applicable income level of eligibility under the State plan, and
(B) ends with (and includes) the earlier of—
(i) the day on which a determination is made with respect to the eligibility of the child for medical assistance under the State plan, or
(ii) in the case of a child on whose behalf an application is not filed by the last day of the month following the month during which the entity makes the determination referred to in subparagraph (A), such last day.
(3)
(A) Subject to subparagraph (B), the term “qualified entity” means any entity that—
(i)
(I) is eligible for payments under a State plan approved under this subchapter and provides items and services described in subsection (a), (II) is authorized to determine eligibility of a child to participate in a Head Start program under the Head Start Act ([42 U.S.C. 9831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9831&num=0&edition=prelim) et seq.), eligibility of a child to receive child care services for which financial
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396r–1a
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 6f79f75a19c0630d5f2c61405c63415a060100a58e452edcd728a444470d2660. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Record provenance
Stable record: federal_law:legal_authorities:record_usc_e22041e565c87236cecb691a
Source file: Laws/federal/codes/united-states-code/title-42/section-1396r1a-presumptive-eligibility-for-children--c5d7ca22d0.md
Pages: Not recorded – Not recorded
Passage SHA-256: d13eaaa3e8e18011659075d9272eed1d7656fd85fa139223ab557ae2a74795b1
Source location: Title 42, Chapter 7, § 1396r–1a; chapter-007-social-security.md
Stored source content
**(a) In general** A State plan approved under [section 1396a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim) may provide for making medical assistance with respect to health care items and services covered under the State plan available to a child during a presumptive eligibility period.
**(b) Definitions; regulations** For purposes of this section:
(1) The term “child” means an individual under 19 years of age.
(2) The term “presumptive eligibility period” means, with respect to a child, the period that—
(A) begins with the date on which a qualified entity determines, on the basis of preliminary information, that the family income of the child does not exceed the applicable income level of eligibility under the State plan, and
(B) ends with (and includes) the earlier of—
(i) the day on which a determination is made with respect to the eligibility of the child for medical assistance under the State plan, or
(ii) in the case of a child on whose behalf an application is not filed by the last day of the month following the month during which the entity makes the determination referred to in subparagraph (A), such last day.
(3)
(A) Subject to subparagraph (B), the term “qualified entity” means any entity that—
(i)
(I) is eligible for payments under a State plan approved under this subchapter and provides items and services described in subsection (a), (II) is authorized to determine eligibility of a child to participate in a Head Start program under the Head Start Act ([42 U.S.C. 9831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9831&num=0&edition=prelim) et seq.), eligibility of a child to receive child care services for which financial assistance is provided under the Child Care and Development Block Grant Act of 1990 [[42 U.S.C. 9857](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9857&num=0&edition=prelim) et seq.], eligibility of an infant or child to receive assistance under the special supplemental nutrition program for women, infants, and children (WIC) under [section 1786 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1786&num=0&edition=prelim) 11 So in original. A comma probably should appear after “title”. eligibility of a child for medical assistance under the State plan under this subchapter, or eligibility of a child for child health assistance under the program funded under subchapter XXI, (III) is an elementary school or secondary school, as such terms are defined in [section 8801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section8801&num=0&edition=prelim),22 See References in Text note below. an elementary or secondary school operated or supported by the Bureau of Indian Affairs, a State or tribal child support enforcement agency, an organization that is providing emergency food and shelter under a grant under the Stewart B. McKinney Homeless Assistance Act 2 [[42 U.S.C. 11301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11301&num=0&edition=prelim) et seq.], or a State or tribal office or entity involved in enrollment in the program under this subchapter, under part A of subchapter IV, under subchapter XXI, or that determines eligibility for any assistance or benefits provided under any program of public or assisted housing that receives Federal funds, including the program under section 8 [[42 U.S.C. 1437f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim)] or any other section of the United States Housing Act of 1937 ([42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.) or under the Native American Housing Assistance and Self-Determination Act of 1996 ([25 U.S.C. 4101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4101&num=0&edition=prelim) et seq.), or (IV) any other entity the State so deems, as approved by the Secretary; and
(ii) is determined by the State agency to be capable of making determinations of the type described in paragraph (2).
(B) The Secretary may issue regulations further limiting those entities that may become qualified entities in order to prevent fraud and abuse and for other reasons.
(C) Nothing in this section shall be construed as preventing a State from limiting the classes of entities that may become qualified entities, consistent with any limitations imposed under subparagraph (B).
**(c) Application for medical assistance; procedure upon determination of presumptive eligibility**
(1) The State agency shall provide qualified entities with—
(A) such forms as are necessary for an application to be made on behalf of a child for medical assistance under the State plan, and
(B) information on how to assist parents, guardians, and other persons in completing and filing such forms.
(2) A qualified entity that determines under subsection (b)(2) that a child is presumptively eligible for medical assistance under a State plan shall—
(A) notify the State agency of the determination within 5 working days after the date on which determination is made, and
(B) inform the parent or custodian of the child at the time the determination is made that an application for medical assistance under the State plan is required to be made by not later than the last day of the month following the month during which the determination is made.
(3) In the case of a child who is determined by a qualified entity to be presumptively eligible for medical assistance under a State plan, the parent, guardian, or other person shall make application on behalf of the child for medical assistance under such plan by not later than the last day of the month following the month during which the determination is made, which application may be the application used for the receipt of medical assistance by individuals described in section 1396a(l)(1) of this title.
**(d) Treatment of medical assistance** Notwithstanding any other provision of this subchapter, medical assistance for items and services described in subsection (a) that—
(1) are furnished to a child—
(A) during a presumptive eligibility period,
(B) by an entity that is eligible for payments under the State plan; and
(2) are included in the care and services covered by a State plan;
shall be treated as medical assistance provided by such plan for purposes of [section 1396b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396b&num=0&edition=prelim).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 2, 1954, ch. 649, title VIII, § 815, 68 Stat. 647, required submission of specifications by applicants prior to award of any contract for construction of a project and submission of data with respect to acquisition of land prior to authorization to purchase such land.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1437f
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Agriculture or, where appropriate, the Administrator of the Farmers Home Administration, or of the Rural Development Administration, after consultation with the Secretary of Health and Human Services, shall take all necessary steps to ensure that community development corporations and local cooperative associations shall qualify for and shall receive—
(1) such assistance in connection with housing development under the Housing Act of 1949, as amended [[42 U.S.C. 1441](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1441&num=0&edition=prelim) et seq.];
(2) such assistance in connection with housing, business, industrial, and community development under the Consolidated Farmers Home Administration Act of 1961 [[7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.] and the Rural Development Act of 1972; and
(3) such further assistance under all such programs of the United States Department of Agriculture; as shall further the purposes of this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9821
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each program for which grants are made under this subchapter shall provide for a thorough evaluation of the effectiveness of the program in achieving its purposes, which evaluation shall be conducted by such public or private organizations as the Secretary in consultation with existing grantees familiar with programs carried out under the Community Services Block Grant Act [[42 U.S.C. 9901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9901&num=0&edition=prelim) et seq.] may designate, and all or part of the costs of evaluation may be paid from funds appropriated to carry out this part. In evaluating the performance of any community development corporation funded under part A, the criteria for evaluation shall be based upon such program objectives, goals, and priorities as are consistent with the purposes of this subchapter and were set forth by such community development corporation in its proposal for funding as approved and agreed upon by or as subsequently modified from time to time by mutual agreement between the Secretary and such community development corporation.
**(b)** The Secretary shall conduct, either directly or through grants or other arrangements, research and demonstration projects designed to suggest new programs and policies to achieve the purposes of this subchapter in such ways as to provide opportunities for employment, ownership, and a better quality of life for low-income residents.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9801
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional findings and declaration of purpose** Congress finds that substantial numbers of pregnant, postpartum, and breastfeeding women, infants, and young children from families with inadequate income are at special risk with respect to their physical and mental health by reason of inadequate nutrition or health care, or both. It is, therefore, the purpose of the program authorized by this section to provide, up to the authorization levels set forth in subsection (g) of this section, supplemental foods and nutrition education, including breastfeeding promotion and support, through any eligible local agency that applies for participation in the program. The program shall serve as an adjunct to good health care, during critical times of growth and development, to prevent the occurrence of health problems, including drug abuse, and improve the health status of these persons.
**(b) Definitions** As used in this section—
(1) “Breastfeeding women” means women up to one year postpartum who are breastfeeding their infants.
(2) “Children” means persons who have had their first birthday but have not yet attained their fifth birthday.
(3) “Competent professional authority” means physicians, nutritionists, registered nurses, dietitians, or State or local medically trained health officials, or persons designated by physicians or State or local medically trained health officials, in accordance with standards prescribed by the Secretary, as being competent professionally to evaluate nutritional risk.
(4) “Costs of nutrition services and administration” or “nutrition services and administration” means costs that shall include, but not be limited to, costs for certification of eligibility of persons for participation in the program (including centrifuges, measuring boar
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1786
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this subchapter to promote the school readiness of low-income children by enhancing their cognitive, social, and emotional development—
(1) in a learning environment that supports children’s growth in language, literacy, mathematics, science, social and emotional functioning, creative arts, physical skills, and approaches to learning; and
(2) through the provision to low-income children and their families of health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be necessary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9831
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Average daily attendance**
(A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during that year.
(B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).
(C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter—
(i) consider the child to be in attendance at a school of the agency making the payment; and
(ii) not consider the child to be in attendance at a school of the agency receiving the payment.
(D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment.
(2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States—
(A) without regard to the source o
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7801
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) the Nation faces an immediate and unprecedented crisis due to the lack of shelter for a growing number of individuals and families, including elderly persons, handicapped persons, families with children, Native Americans, and veterans;
(2) the problem of homelessness has become more severe and, in the absence of more effective efforts, is expected to become dramatically worse, endangering the lives and safety of the homeless;
(3) the causes of homelessness are many and complex, and homeless individuals have diverse needs;
(4) there is no single, simple solution to the problem of homelessness because of the different subpopulations of the homeless, the different causes of and reasons for homelessness, and the different needs of homeless individuals;
(5) due to the record increase in homelessness, States, units of local government, and private voluntary organizations have been unable to meet the basic human needs of all the homeless and, in the absence of greater Federal assistance, will be unable to protect the lives and safety of all the homeless in need of assistance; and
(6) the Federal Government has a clear responsibility and an existing capacity to fulfill a more effective and responsible role to meet the basic human needs and to engender respect for the human dignity of the homeless.
**(b) Purpose** It is the purpose of this chapter—
(1) to establish the United States Interagency Council on Homelessness;
(2) to use public resources and programs in a more coordinated manner to meet the critically urgent needs of the homeless of the Nation; and
(3) to provide funds for programs to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and ve
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11301
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This subchapter may be cited as the “Child Care and Development Block Grant Act of 1990”.
**(b) Purposes** The purposes of this subchapter are—
(1) to allow each State maximum flexibility in developing child care programs and policies that best suit the needs of children and parents within that State;
(2) to promote parental choice to empower working parents to make their own decisions regarding the child care services that best suit their family’s needs;
(3) to encourage States to provide consumer education information to help parents make informed choices about child care services and to promote involvement by parents and family members in the development of their children in child care settings;
(4) to assist States in delivering high-quality, coordinated early childhood care and education services to maximize parents’ options and support parents trying to achieve independence from public assistance;
(5) to assist States in improving the overall quality of child care services and programs by implementing the health, safety, licensing, training, and oversight standards established in this subchapter and in State law (including State regulations);
(6) to improve child care and development of participating children; and
(7) to increase the number and percentage of low-income children in high-quality child care settings.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9857
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual review**
(1) **In general** — The Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether—
(A) the Director has—
(i) carried out eligible activities under this subchapter in a timely manner;
(ii) carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and
(iii) a continuing capacity to carry out the eligible activities in a timely manner;
(B) the Director has complied with the housing plan submitted by the Director under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim); and
(C) the performance reports of the Department under section 4240 11 So in original. Probably should be section “4239”. of this title are accurate.
(2) **Onsite visits** — Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development.
**(b) Report by Secretary** The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department.
**(c) Effect of reviews** The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Contents** A State plan for medical assistance must—
(1) provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(2) provide for financial participation by the State equal to not less than 40 per centum of the non-Federal share of the expenditures under the plan with respect to which payments under [section 1396b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396b&num=0&edition=prelim) are authorized by this subchapter; and, effective July 1, 1969, provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan, on an equalization or other basis which will assure that the lack of adequate funds from local sources will not result in lowering the amount, duration, scope, or quality of care and services available under the plan;
(3) provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for medical assistance under the plan is denied or is not acted upon with reasonable promptness;
(4) provide (A) such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods, including provision for utilization of professional medical personnel in the administration and, where administered locally, supervision of administration of the plan, and, subject to [section 1396b(i) of this title](https://uscode.house.gov/view.xhtml?req=granulei
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396a
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.