42 U.S.C. § 1317 — Appointment of the Administrator and

Page 2596 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1317 note under section 1384 of this title) continues in effect for Puerto Rico, Guam, and the Virgin Islands. AMENDMENTS 2008—Subsec. (d). Pub. L. 110–275, § 204(b), struck out ‘‘or XIX,’’ after ‘‘XVI,’’. Subsec. (e). Pub. L. 110–275, § 204(a), added subsec. (e). 1996—Subsec. (a)(1). Pub. L. 104–193, § 108(g)(3)(A), struck out ‘‘or part A of subchapter IV,’’ after ‘‘XIX,’’. Subsec. (a)(3). Pub. L. 104–193, § 108(g)(3)(B), struck out ‘‘604,’’ before ‘‘1204,’’. Subsecs. (b), (d). Pub. L. 104–193, § 108(g)(3)(A), struck out ‘‘or part A of subchapter IV,’’ after ‘‘XIX,’’. 1984—Subsec. (a)(1). Pub. L. 98–369, § 2663(e)(6)(A), struck out ‘‘VI,’’ after ‘‘I,’’. Pub. L. 98–369, § 2354(c)(2), corrected typographical error in directory language of Pub. L. 97–35, § 2353(h)(1). See 1981 Amendment note below. Subsec. (a)(3). Pub. L. 98–369, § 2663(e)(6)(B), struck out ‘‘804,’’ after ‘‘604,’’. Subsec. (b). Pub. L. 98–369, § 2663(e)(6)(A), struck out ‘‘VI,’’ after ‘‘I,’’. Pub. L. 98–369, § 2354(c)(2), corrected typographical error in directory language of Pub. L. 97–35, § 2353(h)(1). See 1981 Amendment note below. Subsec. (d). Pub. L. 98–369, § 2663(e)(6)(C), substituted ‘‘XVI, or XIX, or part A’’ for ‘‘XVI, or or XIX, or part A’’. Pub. L. 98–369, § 2663(e)(6)(A), struck out ‘‘VI,’’ after ‘‘I,’’. 1981—Subsec. (a)(1). Pub. L. 97–35, § 2353(h)(1), as amended by Pub. L. 98–369, § 2354(c)(2), substituted ‘‘or XIX’’ for ‘‘XIX or XX’’. Subsec. (a)(3). Pub. L. 97–35, § 2353(h)(2), substituted ‘‘or 1396c of this title’’ for ‘‘1396c, or 1397b of this title’’. Subsec. (b). Pub. L. 97–35, § 2353(h)(1), as amended by Pub. L. 98–369, § 2354(c)(2), substituted ‘‘or XIX’’ for ‘‘XIX or XX’’. Subsec. (d). Pub. L. 97–35, § 2353(h)(3), substituted ‘‘or XIX’’ for ‘‘XIX, or XX’’. 1975—Subsec. (a)(1). Pub. L. 93–647, § 3(d)(1), sub- stituted ‘‘XIX or XX’’ for ‘‘or XIX’’. Subsec. (a)(3). Pub. L. 93–647, § 3(d)(2), substituted ‘‘1396c, or 1397b’’ for ‘‘or 1396c’’. Subsec. (b). Pub. L. 93–647, § 3(d)(1), substituted ‘‘XIX or XX’’ for ‘‘or XIX’’. Subsec. (d). Pub. L. 93–647, § 3(d)(3), inserted ‘‘XX,’’ after ‘‘XIX,’’. 1973—Subsec. (a). Pub. L. 93–233, § 18(z–2)(1)(C)(i), (ii), inserted references in par. (1) to subchapter VI of this chapter and in par. (3) to section 804 of this title. Subsecs. (b), (d). Pub. L. 93–233, § 18(z–2)(1)(C)(iii), (iv), inserted reference to subchapter VI of this chapter. 1968—Subsec. (a)(1). Pub. L. 90–248, § 241(c)(5)(A), struck out ‘‘IV,’’ after ‘‘I,’’ and inserted ‘‘or part A of subchapter IV,’’ after ‘‘XIX,’’. Subsecs. (b), (d). Pub. L. 90–248, § 241(c)(5)(B), struck out ‘‘IV,’’ after ‘‘I,’’ and inserted ‘‘, or part A of sub- chapter IV,’’ after ‘‘XIX’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–275, title II, § 204(c), July 15, 2008, 122 Stat. 2593, provided that: ‘‘The amendments made by this section [amending this section] take effect on the date of the enactment of this Act [July 15, 2008] and apply to any disallowance of a claim for Federal financial participation under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) made on or after such date or during the 60-day period prior to such date.’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially modified programs and continuance in office of Assistant Secretary 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. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 2354(c)(2) of Pub. L. 98–369 ef- fective as if originally included in Pub. L. 97–35, see section 2354(e)(2) of Pub. L. 98–369, set out as a note under section 1320a–1 of this title. Amendment by section 2663(e)(6) of Pub. L. 98–369 ef- fective July 18, 1984, but not to be construed as chang- ing or affecting any right, liability, status, or interpre- tation which existed (under the provisions of law in- volved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, ex- cept as otherwise explicitly provided, see section 2354 of Pub. L. 97–35, set out as an Effective Date note under section 1397 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–647 effective with respect to payments under sections 603 and 803 of this title for quarters commencing after Sept. 30, 1975, see section 7(b) of Pub. L. 93–647, set out as a note under section 303 of this title. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–233 effective on and after Jan. 1, 1974, see section 18(z–2)(2) of Pub. L. 93–233, set out as a note under section 1301 of this title. EFFECTIVE DATE Pub. L. 89–97, title IV, § 404(b), July 30, 1965, 79 Stat. 420, provided that: ‘‘The amendment made by sub- section (a) [enacting this section] shall apply only with respect to determinations made after December 31, 1965.’’ § 1317. Appointment of the Administrator and Chief Actuary of the Centers for Medicare & Medicaid Services (a) The Administrator of the Centers for Medi- care & Medicaid Services shall be appointed by the President by and with the advice and con- sent of the Senate. (b)(1) There is established in the Centers for Medicare & Medicaid Services the position of Chief Actuary. The Chief Actuary shall be ap- pointed by, and in direct line of authority to, the Administrator of such Centers. The Chief Actuary shall be appointed from among individ- uals who have demonstrated, by their education and experience, superior expertise in the actu- arial sciences. The Chief Actuary shall exercise such duties as are appropriate for the office of the Chief Actuary and in accordance with pro- fessional standards of actuarial independence. The Chief Actuary may be removed only for cause. (2) The Chief Actuary shall be compensated at the highest rate of basic pay for the Senior Ex- ecutive Service under section 5382(b) of title 5. (3) In the office of the Chief Actuary there shall be an actuary whose duties relate exclu- sively to the programs under parts C and D of subchapter XVIII and related provisions of such subchapter. (Aug. 14, 1935, ch. 531, title XI, § 1117, as added Pub. L. 98–369, div. B, title III, § 2332(a), July 18, Page 2597 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1319 1 See References in Text note below. 1984, 98 Stat. 1088; amended Pub. L. 105–33, title IV, § 4643, Aug. 5, 1997, 111 Stat. 487; Pub. L. 108–173, title IX, § 900(c), (e)(1)(A), Dec. 8, 2003, 117 Stat. 2370.) Editorial Notes PRIOR PROVISIONS A prior section 1317, act Aug. 14, 1935, ch. 531, title XI, § 1117, as added July 30, 1965, Pub. L. 89–97, title IV, § 405, 79 Stat. 420; amended Jan. 2, 1968, Pub. L. 90–248, title II, §§ 221(a)–(c), 241(c)(6), 81 Stat. 899, 917, related to maintenance of State public assistance expenditures, prior to repeal by Pub. L. 90–248, title II, § 221(d), Jan. 2, 1968, 81 Stat. 900, eff. July 1, 1968. AMENDMENTS 2003—Pub. L. 108–173, § 900(e)(1)(A)(i), substituted ‘‘Ap- pointment of the Administrator and Chief Actuary of the Centers for Medicare & Medicaid Services’’ for ‘‘Ap- pointment of Administrator and Chief Actuary of Health Care Financing Administration’’ in section catchline. Subsec. (a). Pub. L. 108–173, § 900(e)(1)(A)(ii), sub- stituted ‘‘Centers for Medicare & Medicaid Services’’ for ‘‘Health Care Financing Administration’’. Subsec. (b)(1). Pub. L. 108–173, § 900(e)(1)(A)(iii), sub- stituted ‘‘Centers for Medicare & Medicaid Services’’ for ‘‘Health Care Financing Administration’’ and ‘‘such Centers’’ for ‘‘such Administration’’. Subsec. (b)(3). Pub. L. 108–173, § 900(c), added par. (3). 1997—Pub. L. 105–33 amended section catchline, des- ignated existing provisions as subsec. (a), and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–369, div. B, title III, § 2332(c), July 18, 1984, 98 Stat. 1089, provided that: ‘‘The amendments made by this section [enacting this section and amending sec- tion 5315 of Title 5, Government Organization and Em- ployees] shall apply to appointments made after the date of the enactment of this Act [July 18, 1984].’’ § 1318. Alternative Federal payment with respect to public assistance expenditures In the case of any State which has in effect a plan approved under subchapter XIX for any cal- endar quarter, the total of the payments to which such State is entitled for such quarter, and for each succeeding quarter in the same fis- cal year (which for purposes of this section means the 4 calendar quarters ending with Sep- tember 30), under paragraphs (1) and (2) of sec- tions 303(a),1 1203(a),1 1353(a),1 and 1383(a) 1 of this title shall, at the option of the State, be deter- mined by application of the Federal medical as- sistance percentage (as defined in section 1396d of this title), instead of the percentages provided under each such section, to the expenditures under its State plans approved under sub- chapters I, X, XIV, and XVI, which would be in- cluded in determining the amounts of the Fed- eral payments to which such State is entitled under such sections, but without regard to any maximum on the dollar amounts per recipient which may be counted under such sections. For purposes of the preceding sentence, the term ‘‘Federal medical assistance percentage’’ shall, in the case of Puerto Rico, the Virgin Islands, and Guam, mean 75 per centum. (Aug. 14, 1935, ch. 531, title XI, § 1118, as added Pub. L. 89–97, title IV, § 411, July 30, 1965, 79 Stat. 423; amended Pub. L. 90–248, title II, § 241(c)(7), Jan. 2, 1968, 81 Stat. 917; Pub. L. 94–273, § 2(23), Apr. 21, 1976, 90 Stat. 376; Pub. L. 95–600, title VIII, § 802(a), Nov. 6, 1978, 92 Stat. 2945; Pub. L. 96–272, title III, § 305(c), June 17, 1980, 94 Stat. 530; Pub. L. 100–485, title VI, § 601(c)(3), Oct. 13, 1988, 102 Stat. 2408; Pub. L. 104–193, title I, § 108(g)(4), Aug. 22, 1996, 110 Stat. 2168.) Editorial Notes REFERENCES IN TEXT Paragraph (1) of sections 303(a), 1203(a), and 1353(a) of this title, referred to in text, were repealed by Pub. L. 97–35, title XXI, § 2184(a)(4)(A), (c)(2)(A), Aug. 13, 1981, 95 Stat. 816, 817. Section 1383(a) of this title, referred to in text, is a reference to section 1383(a) of this title as it existed prior to the general revision of subchapter XVI of this chapter by Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974. The prior section (which is set out as a note under section 1383 of this title) con- tinues in effect for Puerto Rico, Guam, and the Virgin Islands. AMENDMENTS 1996—Pub. L. 104–193 struck out ‘‘603(a),’’ before ‘‘1203(a),’’, ‘‘and part A of subchapter IV,’’ after ‘‘XVI,’’, and ‘‘, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of subchapter IV’’ after ‘‘the Virgin Islands, and Guam, mean 75 per cen- tum’’. 1988—Pub. L. 100–485 inserted before period at end ‘‘, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of subchapter IV’’. 1980—Pub. L. 96–272 struck out ‘‘when applied to quar- ters in the fiscal year ending September 30, 1979’’ after ‘‘means 75 per centum’’. 1978—Pub. L. 95–600, inserted provision relating to definition of ‘‘Federal medical assistance percentage’’ in the case of Puerto Rico, the Virgin Islands, and Guam. 1976—Pub. L. 94–273 substituted ‘‘September’’ for ‘‘June’’. 1968—Pub. L. 90–248 struck out ‘‘IV,’’ after ‘‘I,’’ and inserted ‘‘and part A of subchapter IV,’’ after ‘‘XVI’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, set out as an Effective Date note under section 601 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–485 effective Oct. 1, 1988, see section 601(d) of Pub. L. 100–485, set out as an Effec- tive and Termination Dates of 1988 Amendment note under section 1301 of this title. § 1319. Federal participation in payments for re- pairs to home owned by recipient of aid or assistance In the case of an expenditure for repairing the home owned by an individual who is receiving aid or assistance, other than medical assistance to the aged, under a State plan approved under subchapter I, X, XIV, or XVI, if— (1) the State agency or local agency admin- istering the plan approved under such sub-