42 U.S.C. § 1319 — Federal participation in payments for re-

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- Page 2598 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320 chapter has made a finding (prior to making such expenditure) that (A) such home is so de- fective that continued occupancy is unwar- ranted, (B) unless repairs are made to such home, rental quarters will be necessary for such individual, and (C) the cost of rental quarters to take care of the needs of such indi- vidual (including his spouse living with him in such home and any other individual whose needs were taken into account in determining the need of such individual) would exceed (over such time as the Secretary may specify) the cost of repairs needed to make such home habitable together with other costs attrib- utable to continued occupancy of such home, and (2) no such expenditures were made for re- pairing such home pursuant to any prior find- ing under this section, the amount paid to any such State for any quar- ter under section 303(a), 1203(a), 1353(a), or 1383(a) of this title shall be increased by 50 per centum of such expenditures, except that the ex- cess above $500 expended with respect to any one home shall not be included in determining such expenditures. (Aug. 14, 1935, ch. 531, title XI, § 1119, as added Pub. L. 90–248, title II, § 209(a), Jan. 2, 1968, 81 Stat. 894; amended Pub. L. 104–193, title I, § 108(g)(5), Aug. 22, 1996, 110 Stat. 2168.) Editorial Notes REFERENCES IN TEXT 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 this subchapter 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) continues in effect for Puerto Rico, Guam, and the Virgin Islands. AMENDMENTS 1996—Pub. L. 104–193 substituted ‘‘subchapter I, X, XIV, or XVI,’’ for ‘‘subchapter I, X, XIV, or XVI, or part A of subchapter IV’’ in introductory provisions and struck out ‘‘603(a),’’ before ‘‘1203(a),’’ in closing provi- sions. 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, as amended, set out as an Effective Date note under section 601 of this title. EFFECTIVE DATE Pub. L. 90–248, title II, § 209(b), Jan. 2, 1968, 81 Stat. 895, provided that: ‘‘The amendment made by sub- section (a) [enacting this section] shall apply with re- spect to expenditures made after December 31, 1967.’’ § 1320. Approval of certain projects No payment shall be made under this chapter with respect to any experimental, pilot, dem- onstration, or other project all or any part of which is wholly financed with Federal funds made available under this chapter (without any State, local, or other non-Federal financial par- ticipation) unless such project shall have been personally approved by the Secretary or Deputy Secretary of Health and Human Services. (Aug. 14, 1935, ch. 531, title XI, § 1120, as added Pub. L. 90–248, title II, § 249, Jan. 2, 1968, 81 Stat. 919; amended Pub. L. 93–608, § 2(5), Jan. 2, 1975, 88 Stat. 1971; Pub. L. 97–375, title I, § 107(a), Dec. 21, 1982, 96 Stat. 1820; Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(D)(v), July 18, 1984, 98 Stat. 1170; Pub. L. 101–509, title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–509 substituted ‘‘Deputy Secretary of Health and Human Services’’ for ‘‘Under Secretary of Health and Human Services’’. 1984—Pub. L. 98–369 substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. 1982—Pub. L. 97–375 struck out subsec. (b) which di- rected the Secretary to submit an annual report to Congress describing each project approved under former subsec. (a) of this section during the preceding year, including the purpose, probable cost, and ex- pected duration of each project, and struck out ‘‘(a)’’ before ‘‘No payment’’. 1975—Subsec. (b). Pub. L. 93–608 substituted provi- sions relating to an annual submission of the required report to the Congress by the Secretary for each ap- proved project, for provisions relating to submission of the report as soon as possible after approval. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT; CONTINUED SERVICE BY INCUMBENTS Amendment by Pub. L. 101–509 effective on the first day of the first pay period that begins on or after Nov. 5, 1990, with continued service by incumbent Under Sec- retary of Health and Human Services, see section 529 [title I, § 112(e)] of Pub. L. 101–509, set out as a note under section 3404 of Title 20, Education. 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. § 1320a. Uniform reporting systems for health services facilities and organizations (a) Establishment; criteria for regulations; re- quirements for hospitals For the purposes of reporting the cost of serv- ices provided by, of planning, and of measuring and comparing the efficiency of and effective use of services in, hospitals, skilled nursing fa- cilities, intermediate care facilities, home health agencies, health maintenance organiza- tions, and other types of health services facili- ties and organizations to which payment may be made under this chapter, the Secretary shall es- tablish by regulation, for each such type of health services facility or organization, a uni- form system for the reporting by a facility or organization of that type of the following infor- mation: