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20 U.S.C. § 1441 — State interagency coordinating council

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

20 U.S.C. § 1441 — State interagency coordinating council

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Stable record: federal_law:legal_authorities:usc2024-51d6291692cc69131a77295c
Source file: Laws/federal/codes/united-states-code-2024/title-20/section-1441-state-interagency-coordinating-council--315e3c5f4a.md
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Source location: USCODE-2024-title20-chap33-subchapIII-sec1441.pdf

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Page 995 TITLE 20—EDUCATION § 1441 mechanism under section 1412(a)(12) of this title, where appropriate. (2) Reimbursement for services by public agen- cy (A) In general If a public agency other than an edu- cational agency fails to provide or pay for the services pursuant to an agreement re- quired under paragraph (1), the local edu- cational agency or State agency (as deter- mined by the Chief Executive Officer or des- ignee) 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 reimburse- ment for the services from the public agency that failed to provide or pay for such serv- ices and such public agency shall reimburse the local educational agency or State agen- cy 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 re- sponsibilities 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 ap- proved by the Secretary through the review and approval of the State’s application pur- suant to section 1437 of this title. (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 et seq.] (relating to maternal and child health) or title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] (relating to medicaid for infants or toddlers with disabilities) within the State. (Pub. L. 91–230, title VI, § 640, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2757.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (c), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V and XIX of the Act are classified generally to sub- chapters V (§ 701 et seq.) and XIX (§ 1396 et seq.), respec- tively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS A prior section 1440, Pub. L. 91–230, title VI, § 640, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 116, related to the payor of last resort, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 108–446. § 1441. State interagency coordinating council (a) Establishment (1) In general A State that desires to receive financial as- sistance under this subchapter shall establish a State interagency coordinating council. (2) Appointment The council shall be appointed by the Gov- ernor. In making appointments to the council, the Governor shall ensure that the member- ship of the council reasonably represents the population of the State. (3) Chairperson The Governor shall designate a member of the council to serve as the chairperson of the council, or shall require the council to so des- ignate such a member. Any member of the council who is a representative of the lead agency designated under section 1435(a)(10) of this title may not serve as the chairperson of the council. (b) Composition (1) In general The council shall be composed as follows: (A) Parents Not less than 20 percent of the members shall be parents of infants or toddlers with disabilities or children with disabilities aged 12 or younger, with knowledge of, or experi- ence with, programs for infants and toddlers with disabilities. Not less than 1 such mem- ber shall be a parent of an infant or toddler with a disability or a child with a disability aged 6 or younger. (B) Service providers Not less than 20 percent of the members shall be public or private providers of early intervention services. (C) State legislature Not less than 1 member shall be from the State legislature. (D) Personnel preparation Not less than 1 member shall be involved in personnel preparation. (E) Agency for early intervention services Not less than 1 member shall be from each of the State agencies involved in the provi- sion of, or payment for, early intervention services to infants and toddlers with disabil- ities and their families and shall have suffi- cient authority to engage in policy planning and implementation on behalf of such agen- cies. (F) Agency for preschool services Not less than 1 member shall be from the State educational agency responsible for preschool services to children with disabil- ities and shall have sufficient authority to engage in policy planning and implementa- tion on behalf of such agency. (G) State medicaid agency Not less than 1 member shall be from the agency responsible for the State medicaid program. Page 996 TITLE 20—EDUCATION § 1442 (H) Head Start agency Not less than 1 member shall be a rep- resentative from a Head Start agency or pro- gram in the State. (I) Child care agency Not less than 1 member shall be a rep- resentative from a State agency responsible for child care. (J) Agency for health insurance Not less than 1 member shall be from the agency responsible for the State regulation of health insurance. (K) Office of the Coordinator of Education of Homeless Children and Youth Not less than 1 member shall be a rep- resentative designated by the Office of Coor- dinator for Education of Homeless Children and Youths. (L) State foster care representative Not less than 1 member shall be a rep- resentative from the State child welfare agency responsible for foster care. (M) Mental health agency Not less than 1 member shall be a rep- resentative from the State agency respon- sible for children’s mental health. (2) Other members The council may include other members se- lected by the Governor, including a represent- ative from the Bureau of Indian Affairs (BIA), or where there is no BIA-operated or BIA-fund- ed school, from the Indian Health Service or the tribe or tribal council. (c) Meetings The council shall meet, at a minimum, on a quarterly basis, and in such places as the coun- cil determines necessary. The meetings shall be publicly announced, and, to the extent appro- priate, open and accessible to the general public. (d) Management authority Subject to the approval of the Governor, the council may prepare and approve a budget using funds under this subchapter to conduct hearings and forums, to reimburse members of the coun- cil for reasonable and necessary expenses for at- tending council meetings and performing coun- cil duties (including child care for parent rep- resentatives), to pay compensation to a member of the council if the member is not employed or must forfeit wages from other employment when performing official council business, to hire staff, and to obtain the services of such profes- sional, technical, and clerical personnel as may be necessary to carry out its functions under this subchapter. (e) Functions of council (1) Duties The council shall— (A) advise and assist the lead agency des- ignated or established under section 1435(a)(10) of this title in the performance of the responsibilities set forth in such section, particularly the identification of the sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility to the appropriate agency, and the promotion of the inter- agency agreements; (B) advise and assist the lead agency in the preparation of applications and amendments thereto; (C) advise and assist the State educational agency regarding the transition of toddlers with disabilities to preschool and other ap- propriate services; and (D) prepare and submit an annual report to the Governor and to the Secretary on the status of early intervention programs for in- fants and toddlers with disabilities and their families operated within the State. (2) Authorized activity The council may advise and assist the lead agency and the State educational agency re- garding the provision of appropriate services for children from birth through age 5. The council may advise appropriate agencies in the State with respect to the integration of serv- ices for infants and toddlers with disabilities and at-risk infants and toddlers and their fam- ilies, regardless of whether at-risk infants and toddlers are eligible for early intervention services in the State. (f) Conflict of interest No member of the council shall cast a vote on any matter that is likely to provide a direct fi- nancial benefit to that member or otherwise give the appearance of a conflict of interest under State law. (Pub. L. 91–230, title VI, § 641, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2758.) Editorial Notes PRIOR PROVISIONS A prior section 1441, Pub. L. 91–230, title VI, § 641, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 116, related to State interagency coordinating councils, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1441, Pub. L. 91–230, title VI, § 641, Apr. 13, 1970, 84 Stat. 185; Pub. L. 95–49, § 4, June 17, 1977, 91 Stat. 230; Pub. L. 98–199, §§ 3(b), 12, Dec. 2, 1983, 97 Stat. 1358, 1372; Pub. L. 99–457, title III, § 312, Oct. 8, 1986, 100 Stat. 1169; Pub. L. 100–630, title I, § 105(b), Nov. 7, 1988, 102 Stat. 3299; Pub. L. 101–476, title V, § 501, Oct. 30, 1990, 104 Stat. 1135; Pub. L. 102–421, title II, § 203, Oct. 16, 1992, 106 Stat. 2165, related to grants, contracts, and cooperative agreements for research and related activities, attention deficit disorder centers, and model demonstration programs, prior to repeal by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997. § 1442. Federal administration Sections 1416, 1417, and 1418 of this title shall, to the extent not inconsistent with this sub- chapter, apply to the program authorized by this subchapter, except that— (1) any reference in such sections to a State educational agency shall be considered to be a reference to a State’s lead agency established or designated under section 1435(a)(10) of this title; (2) any reference in such sections to a local educational agency, educational service agen-

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

20 U.S.C. § 1441 — State interagency coordinating council

**(a) Establishment** (1) **In general** — A State that desires to receive financial assistance under this subchapter shall establish a State interagency coordinating council. (2) **Appointment** — The council shall be appointed by the Governor. In making appointments to the council, the Governor shall ensure that the membership of the council reasonably represents the population of the State. (3) **Chairperson** — The Governor shall designate a member of the council to serve as the chairperson of the council, or shall require the council to so designate such a member. Any member of the council who is a representative of the lead agency designated under [section 1435(a)(10) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1435/a/10&num=0&edition=prelim) may not serve as the chairperson of the council. **(b) Composition** (1) **In general** — The council shall be composed as follows: (A) *Parents* — Not less than 20 percent of the members shall be parents of infants or toddlers with disabilities or children with disabilities aged 12 or younger, with knowledge of, or experience with, programs for infants and toddlers with disabilities. Not less than 1 such member shall be a parent of an infant or toddler with a disability or a child with a disability aged 6 or younger. (B) *Service providers* — Not less than 20 percent of the members shall be public or private providers of early intervention services. (C) *State legislature* — Not less than 1 member shall be from the State legislature. (D) *Personnel preparation* — Not less than 1 member shall be involved in personnel preparation. (E) *Agency for early intervention services* — Not less than 1 member shall be from each of the State agencies involved in the provi

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1441

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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. § 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; 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

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 701. This identifies an authority to review, not proof of applicability.