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20 U.S.C. § 1440 — Payor of last resort

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

20 U.S.C. § 1440 — Payor of last resort

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1440

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Stable record: federal_law:legal_authorities:usc2024-c621dbf36f3ccf5a055021fe
Source file: Laws/federal/codes/united-states-code-2024/title-20/section-1440-payor-of-last-resort--160e9ca7e2.md
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Source location: USCODE-2024-title20-chap33-subchapIII-sec1440.pdf

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Page 994 TITLE 20—EDUCATION § 1440 istrative complaint shall have the right to bring a civil action with respect to the com- plaint in any State court of competent juris- diction or in a district court of the United States without regard to the amount in con- troversy. In any action brought under this paragraph, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate. (2) The right to confidentiality of personally identifiable information, including the right of parents to written notice of and written con- sent to the exchange of such information among agencies consistent with Federal and State law. (3) The right of the parents to determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service under this sub- chapter in accordance with State law without jeopardizing other early intervention services under this subchapter. (4) The opportunity for parents to examine records relating to assessment, screening, eli- gibility determinations, and the development and implementation of the individualized fam- ily service plan. (5) Procedures to protect the rights of the in- fant or toddler whenever the parents of the in- fant or toddler are not known or cannot be found or the infant or toddler is a ward of the State, including the assignment of an indi- vidual (who shall not be an employee of the State lead agency, or other State agency, and who shall not be any person, or any employee of a person, providing early intervention serv- ices to the infant or toddler or any family member of the infant or toddler) to act as a surrogate for the parents. (6) Written prior notice to the parents of the infant or toddler with a disability whenever the State agency or service provider proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, or placement of the infant or toddler with a dis- ability, or the provision of appropriate early intervention services to the infant or toddler. (7) Procedures designed to ensure that the notice required by paragraph (6) fully informs the parents, in the parents’ native language, unless it clearly is not feasible to do so, of all procedures available pursuant to this section. (8) The right of parents to use mediation in accordance with section 1415 of this title, ex- cept that— (A) any reference in the section to a State educational agency shall be considered to be a reference to a State’s lead agency estab- lished or designated under section 1435(a)(10) of this title; (B) any reference in the section to a local educational agency shall be considered to be a reference to a local service provider or the State’s lead agency under this subchapter, as the case may be; and (C) any reference in the section to the pro- vision of a free appropriate public education to children with disabilities shall be consid- ered to be a reference to the provision of ap- propriate early intervention services to in- fants and toddlers with disabilities. (b) Services during pendency of proceedings During the pendency of any proceeding or ac- tion involving a complaint by the parents of an infant or toddler with a disability, unless the State agency and the parents otherwise agree, the infant or toddler shall continue to receive the appropriate early intervention services cur- rently being provided or, if applying for initial services, shall receive the services not in dis- pute. (Pub. L. 91–230, title VI, § 639, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2755.) Editorial Notes PRIOR PROVISIONS A prior section 1439, Pub. L. 91–230, title VI, § 639, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 115, set out procedural safeguards, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. § 1440. Payor of last resort (a) Nonsubstitution Funds provided under section 1443 of this title may not be used to satisfy a financial commit- ment for services that would have been paid for from another public or private source, including any medical program administered by the Sec- retary of Defense, but for the enactment of this subchapter, except that whenever considered necessary to prevent a delay in the receipt of ap- propriate early intervention services by an in- fant, toddler, or family in a timely fashion, funds provided under section 1443 of this title may be used to pay the provider of services pending reimbursement from the agency that has ultimate responsibility for the payment. (b) Obligations related to and methods of ensur- ing services (1) Establishing financial responsibility for services (A) In general The Chief Executive Officer of a State or designee of the officer shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect be- tween each public agency and the designated lead agency, in order to ensure— (i) the provision of, and financial respon- sibility for, services provided under this subchapter; and (ii) such services are consistent with the requirements of section 1435 of this title and the State’s application pursuant to section 1437 of this title, including the pro- vision of such services during the pend- ency of any such dispute. (B) Consistency between agreements or mechanisms under subchapter II The Chief Executive Officer of a State or designee of the officer shall ensure that the terms and conditions of such agreement or mechanism are consistent with the terms and conditions of the State’s agreement or 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.

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

20 U.S.C. § 1440 — Payor of last resort

**(a) Nonsubstitution** Funds provided under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1443&num=0&edition=prelim) may not be used to satisfy a financial commitment for services that would have been paid for from another public or private source, including any medical program administered by the Secretary of Defense, but for the enactment of this subchapter, except that whenever considered necessary to prevent a delay in the receipt of appropriate early intervention services by an infant, toddler, or family in a timely fashion, funds provided under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1443&num=0&edition=prelim) may be used to pay the provider of services pending reimbursement from the agency that has ultimate responsibility for the payment. **(b) Obligations related to and methods of ensuring services** (1) **Establishing financial responsibility for services** (A) *In general* — The Chief Executive Officer of a State or designee of the officer shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency and the designated lead agency, in order to ensure— (i) the provision of, and financial responsibility for, services provided under this subchapter; and (ii) such services are consistent with the requirements of [section 1435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1435&num=0&edition=prelim) and the State’s application pursuant to [section 1437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1437&num=0&edition=prelim), including the provision of such services during

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1440

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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.