42 U.S.C. § 1396-1 — Appropriations

Page 4015 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396a ‘‘(1) work with States, pediatric dentists, and other dental providers (including providers that are, or are affiliated with, a school of dentistry) to include, not later than 6 months after the date of the enactment of this Act [Feb. 4, 2009], on the Insure Kids Now website (http://www.insurekidsnow.gov/) and hotline (1–877–KIDS–NOW) (or on any successor websites or hotlines) a current and accurate list of all such den- tists and providers within each State that provide dental services to children enrolled in the State plan (or waiver) under Medicaid or the State child health plan (or waiver) under CHIP, and shall ensure that such list is updated at least quarterly; and ‘‘(2) work with States to include, not later than 6 months after the date of the enactment of this Act, a description of the dental services provided under each State plan (or waiver) under Medicaid and each State child health plan (or waiver) under CHIP on such Insure Kids Now website, and shall ensure that such list is updated at least annually.’’ DEADLINE FOR INITIAL APPOINTMENTS Pub. L. 111–3, title V, § 506(b), Feb. 4, 2009, 123 Stat. 95, provided that: ‘‘Not later than January 1, 2010, the Comptroller General of the United States shall appoint the initial members of the Medicaid and CHIP Payment and Access Commission established under section 1900 of the Social Security Act [42 U.S.C. 1396] (as added by subsection (a)).’’ ANNUAL REPORT Pub. L. 111–3, title V, § 506(c), Feb. 4, 2009, 123 Stat. 95, provided that: ‘‘Not later than January 1, 2010, and an- nually thereafter, the Secretary [of Health and Human Services], in consultation with the Secretary of the Treasury, the Secretary of Labor, and the States (as defined for purposes of Medicaid), shall submit an an- nual report to Congress on the financial status of, en- rollment in, and spending trends for, Medicaid for the fiscal year ending on September 30 of the preceding year.’’ NO FEDERAL FUNDING FOR ILLEGAL ALIENS; DISALLOWANCE FOR UNAUTHORIZED EXPENDITURES Pub. L. 111–3, title VI, § 605, Feb. 4, 2009, 123 Stat. 100, as amended by Pub. L. 111–148, title II, § 2102(a)(2), Mar. 23, 2010, 124 Stat. 288, provided that: ‘‘Nothing in this Act [see Effective Date note above] allows Federal pay- ment for individuals who are not lawfully residing in the United States. Titles XI, XIX, and XXI of the Social Security Act [42 U.S.C. 1301 et seq., 1396 et seq., 1397aa et seq.] provide for the disallowance of Federal finan- cial participation for erroneous expenditures under Medicaid and under CHIP, respectively.’’ DEFINITIONS Pub. L. 111–3, § 1(c), Feb. 4, 2009, 123 Stat. 8, provided that: ‘‘In this Act [see Effective Date note above]: ‘‘(1) CHIP.—The term ‘CHIP’ means the State Chil- dren’s Health Insurance Program established under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). ‘‘(2) MEDICAID.—The term ‘Medicaid’ means the pro- gram for medical assistance established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of Health and Human Services.’’ § 1396–1. Appropriations For the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish (1) medical assistance on behalf of families with dependent children and of aged, blind, or disabled individuals, whose income and resources are insufficient to meet the costs of necessary medical services, and (2) rehabilita- tion and other services to help such families and individuals attain or retain capability for inde- pendence or self-care, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this sub- chapter. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary, State plans for medical assist- ance. (Aug. 14, 1935, ch. 531, title XIX, § 1901, as added Pub. L. 89–97, title I, § 121(a), July 30, 1965, 79 Stat. 343; amended Pub. L. 93–233, § 13(a)(1), Dec. 31, 1973, 87 Stat. 960; Pub. L. 98–369, div. B, title VI, § 2663(j)(3)(C), July 18, 1984, 98 Stat. 1171.) Editorial Notes CODIFICATION Section was formerly classified to section 1396 of this title. AMENDMENTS 1984—Pub. L. 98–369 struck out ‘‘of Health, Education, and Welfare’’ after ‘‘Secretary’’. 1973—Pub. L. 93–233 substituted ‘‘disabled individ- uals’’ for ‘‘permanently and totally disabled individ- uals’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) 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 1973 AMENDMENT Amendment by Pub. L. 93–233 effective with respect to payments under section 1396b of this title for cal- endar quarters commencing after Dec. 31, 1973, see sec- tion 13(d) of Pub. L. 93–233, set out as a note under sec- tion 1396a of this title. § 1396a. State plans for medical assistance (a) Contents A State plan for medical assistance must— (1) provide that it shall be in effect in all po- litical subdivisions of the State, and, if admin- istered 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 pay- ments under section 1396b of this title are au- thorized 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 low- ering 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 in- dividual whose claim for medical assistance under the plan is denied or is not acted upon with reasonable promptness; (4) provide (A) such methods of administra- tion (including methods relating to the estab-