42 U.S.C. § 1397c — State reporting requirements

Page 4426 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1397c promoting such children’s safety and welfare while re- ceiving service through such facilities or programs. ‘‘(B) In the case of any State not meeting the require- ments of subparagraph (A) by September 30, 1985, such State’s allotment for fiscal year 1986 or 1987 shall be re- duced in the aggregate by an amount equal to one-half of the amount by which such State’s allotment under such title was increased for fiscal year 1985 as a result of subsection (a). ‘‘(d) The determination and promulgation required by section 2003(b) of the Social Security Act [42 U.S.C. 1397b(b)] with respect to the fiscal year 1985 (to take into account the preceding provisions of this section) shall be made as soon as possible after the date of the enactment of this Act [Oct. 12, 1984].’’ § 1397c. State reporting requirements Prior to expenditure by a State of payments made to it under section 1397a of this title for any fiscal year, the State shall report on the in- tended use of the payments the State is to re- ceive under this division, including information on the types of activities to be supported and the categories or characteristics of individuals to be served. The report shall be transmitted to the Secretary and made public within the State in such manner as to facilitate comment by any person (including any Federal or other public agency) during development of the report and after its completion. The report shall be revised throughout the year as may be necessary to re- flect substantial changes in the activities as- sisted under this division, and any revision shall be subject to the requirements of the previous sentence. (Aug. 14, 1935, ch. 531, title XX, § 2004, as added Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981, 95 Stat. 869; amended Pub. L. 111–148, title VI, § 6703(d)(1)(B), Mar. 23, 2010, 124 Stat. 803.) Editorial Notes PRIOR PROVISIONS A prior section 1397c, act Aug. 14, 1935, ch. 531, title XX, § 2004, as added Jan. 4, 1975, Pub. L. 93–647, § 2, 88 Stat. 2346; amended June 17, 1980, Pub. L. 96–272, title II, § 206(a), (b), 94 Stat. 525, related to services program planning, prior to the general revision of this sub- chapter by section 2352(a) of Pub. L. 97–35. AMENDMENTS 2010—Pub. L. 111–148, which directed substitution of ‘‘this division’’ for ‘‘this subchapter’’ wherever appear- ing in subtitle 1 of title XX of act Aug. 14, 1935, was exe- cuted by making the substitution in two places in this section, which is in subtitle A of title XX act Aug. 14, 1935, to reflect the probable intent of Congress. § 1397d. Limitation on use of grants; waiver (a) Except as provided in subsection (b), grants made under this division may not be used by the State, or by any other person with which the State makes arrangements to carry out the pur- poses of this division— (1) for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than minor remodeling) of any building or other facility; (2) for the provision of cash payments for costs of subsistence or for the provision of room and board (other than costs of subsist- ence during rehabilitation, room and board provided for a short term as an integral but subordinate part of a social service, or tem- porary emergency shelter provided as a pro- tective service); (3) for payment of the wages of any indi- vidual as a social service (other than payment of the wages of welfare recipients employed in the provision of child day care services); (4) for the provision of medical care (other than family planning services, rehabilitation services, or initial detoxification of an alco- holic or drug dependent individual) unless it is an integral but subordinate part of a social service for which grants may be used under this division; (5) for social services (except services to an alcoholic or drug dependent individual or re- habilitation services) provided in and by em- ployees of any hospital, skilled nursing facil- ity, intermediate care facility, or prison, to any individual living in such institution; (6) for the provision of any educational serv- ice which the State makes generally available to its residents without cost and without re- gard to their income; (7) for any child day care services unless such services meet applicable standards of State and local law; (8) for the provision of cash payments as a service (except as otherwise provided in this section); (9) for payment for any item or service (other than an emergency item or service) fur- nished— (A) by an individual or entity during the period when such individual or entity is ex- cluded under this division or subchapter V, XVIII, or XIX pursuant to section 1320a–7, 1320a–7a, 1320c–5, or 1395u(j)(2) of this title, or (B) at the medical direction or on the pre- scription of a physician during the period when the physician is excluded under this di- vision or subchapter V, XVIII, or XIX pursu- ant to section 1320a–7, 1320a–7a, 1320c–5, or 1395u(j)(2) of this title and when the person furnishing such item or service knew or had reason to know of the exclusion (after a rea- sonable time period after reasonable notice has been furnished to the person); or (10) in a manner inconsistent with the As- sisted Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.]. (b) The Secretary may waive the limitation contained in subsection (a)(1) and (4) upon the State’s request for such a waiver if he finds that the request describes extraordinary cir- cumstances to justify the waiver and that per- mitting the waiver will contribute to the State’s ability to carry out the purposes of this division. (Aug. 14, 1935, ch. 531, title XX, § 2005, as added Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981, 95 Stat. 869; amended Pub. L. 100–93, § 8(i), Aug. 18, 1987, 101 Stat. 695; Pub. L. 100–203, title IV, § 4118(e)(13), Dec. 22, 1987, as added Pub. L. 100–360, title IV, § 411(k)(10)(D), July 1, 1988, 102 Stat. 796; Pub. L. 100–485, title VI, § 608(d)(26)(K)(ii), Oct. 13, 1988, 102 Stat. 2422; Pub. L. 105–12, § 9(c), Apr. 30, 1997, 111 Stat. 27; Pub. L. 111–148, title VI, § 6703(d)(1)(B), Mar. 23, 2010, 124 Stat. 803.)