{"identifier":"/us/usc/t42/s1397ee","title":42,"num":"\u00a7\u202f1397ee.","heading":"Payments to States","text":"\u00a7\u202f1397ee.\nPayments to States\n(a)\nPayments\n(1)\nIn general\nSubject to the succeeding provisions of this section, the Secretary shall pay to each State with a plan approved under this subchapter, from its allotment under\n(A) for child health assistance under the plan for targeted low-income children in the form of providing medical assistance for which payment is made on the basis of an enhanced FMAP under the fourth sentence of\nsection 1396d(b) of this title\n(B) [reserved]\n(C) for child health assistance under the plan for targeted low-income children in the form of providing health benefits coverage that meets the requirements of\nsection 1397cc of this title\n(D) only to the extent permitted consistent with subsection (c)\u2014\n(i) for payment for other child health assistance for targeted low-income children;\n(ii) for expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children);\n(iii) for expenditures for outreach activities as provided in\nsection 1397bb(c)(1) of this title\n(iv) for translation or interpretation services in connection with the enrollment of, retention of, and use of services under this subchapter by, individuals for whom English is not their primary language (as found necessary by the Secretary for the proper and efficient administration of the State plan); and\n(v) for other reasonable costs incurred by the State to administer the plan.\n(2)\nOrder of payments\nPayments under paragraph (1) from a State\u2019s allotment shall be made in the following order:\n(A) First, for expenditures for items described in paragraph (1)(A).\n(B) Second, for expenditures for items described in paragraph (1)(B).\n(C) Third, for expenditures for items described in paragraph (1)(C).\n(D) Fourth, for expenditures for items described in paragraph (1)(D).\n(3)\nPerformance bonus payment to offset additional Medicaid and CHIP child enrollment costs resulting from enrollment and retention efforts\n(A)\nIn general\nIn addition to the payments made under paragraph (1), for each fiscal year (beginning with fiscal year 2009 and ending with fiscal year 2013), the Secretary shall pay from amounts made available under subparagraph (E), to each State that meets the condition under paragraph (4) for the fiscal year, an amount equal to the amount described in subparagraph (B) for the State and fiscal year. The payment under this paragraph shall be made, to a State for a fiscal year, as a single payment not later than the last day of the first calendar quarter of the following fiscal year.\n(B)\nAmount for above baseline Medicaid child enrollment costs\nSubject to subparagraph (E), the amount described in this subparagraph for a State for a fiscal year is equal to the sum of the following amounts:\n(i)\nFirst tier above baseline Medicaid enrollees\nAn amount equal to the number of first tier above baseline child enrollees (as determined under subparagraph (C)(i)) under subchapter XIX for the State and fiscal year, multiplied by 15 percent of the projected per capita State Medicaid expenditures (as determined under subparagraph (D)) for the State and fiscal year under subchapter XIX.\n(ii)\nSecond tier above baseline Medicaid enrollees\nAn amount equal to the number of second tier above baseline child enrollees (as determined under subparagraph (C)(ii)) under subchapter XIX for the State and fiscal year, multiplied by 62.5 percent of the projected per capita State Medicaid expenditures (as determined under subparagraph (D)) for the State and fiscal year under subchapter XIX.\n(C)\nNumber of first and second tier above baseline child enrollees; baseline number of child enrollees\nFor purposes of this paragraph:\n(i)\nFirst tier above baseline child enrollees\nThe number of first tier above baseline child enrollees for a State for a fiscal year under subchapter XIX is equal to the number (if any, as determined by the Secretary) by which\u2014\n(I) the monthly average unduplicated number of qualifying children (as defined in subparagraph (F)) enrolled during the fiscal year under the State plan under subchapter XIX; exceeds\n(II) the baseline number of enrollees described in clause (iii) for the State and fiscal year under subchapter XIX;\nbut not to exceed 10 percent of the baseline number of enrollees described in subclause (II).\n(ii)\nSecond tier above baseline child enrollees\nThe number of second tier above baseline child enrollees for a State for a fiscal year under subchapter XIX is equal to the number (if any, as determined by the Secretary) by which\u2014\n(I) the monthly average unduplicated number of qualifying children (as defined in subparagraph (F)) enrolled during the fiscal year under subchapter XIX as described in clause (i)(I); exceeds\n(II) the sum of the baseline number of child enrollees described in clause (iii) for the State and fiscal year under subchapter XIX, as described in clause (i)(II), and the maximum number of first tier above baseline child enrollees for the State and fiscal year under subchapter XIX, as determined under clause (i).\n(iii)\nBaseline number of child enrollees\nSubject to subparagraph (H), the baseline number of child enrollees for a State under subchapter XIX\u2014\n(I) for fiscal year 2009 is equal to the monthly average unduplicated number of qualifying children enrolled in the State plan under subchapter XIX during fiscal year 2007 increased by the population growth for children in that State from 2007 to 2008 (as estimated by the Bureau of the Census) plus 4 percentage points, and further increased by the population growth for children in that State from 2008 to 2009 (as estimated by the Bureau of the Census) plus 4 percentage points;\n(II) for each of fiscal years 2010, 2011, and 2012, is equal to the baseline number of child enrollees for the State for the previous fiscal year under subchapter XIX, increased by the population growth for children in that State from the calendar year in which the respective fiscal year begins to the succeeding calendar year (as estimated by the Bureau of the Census) plus 3.5 percentage points;\n(III) for each of fiscal years 2013, 2014, and 2015, is equal to the baseline number of child enrollees for the State for the previous fiscal year under subchapter XIX, increased by the population growth for children in that State from the calendar year in which the respective fiscal year begins to the succeeding calendar year (as estimated by the Bureau of the Census) plus 3 percentage points; and\n(IV) for a subsequent fiscal year is equal to the baseline number of child enrollees for the State for the previous fiscal year under subchapter XIX, increased by the population growth for children in that State from the calendar year in which the fiscal year involved begins to the succeeding calendar year (as estimated by the Bureau of the Census) plus 2 percentage points.\n(D)\nProjected per capita State Medicaid expenditures\nFor purposes of subparagraph (B), the projected per capita State Medicaid expenditures for a State and fiscal year under subchapter XIX is equal to the average per capita expenditures (including both State and Federal financial participation) for children under the State plan under such subchapter, including under waivers but not including such children eligible for assistance by virtue of the receipt of benefits under subchapter XVI, for the most recent fiscal year for which actual data are available (as determined by the Secretary), increased (for each subsequent fiscal year up to and including the fiscal year involved) by the annual percentage increase in per capita amount of National Health Expenditures (as estimated by the Secretary) for the calendar year in which the respective subsequent fiscal year ends and multiplied by a State matching percentage equal to 100 percent minus the Federal medical assistance percentage (as defined in\nsection 1396d(b) of this title\n(E)\nAmounts available for payments\n(i)\nInitial appropriation\nOut of any money in the Treasury not otherwise appropriated, there are appropriated $3,225,000,000 for fiscal year 2009 for making payments under this paragraph, to be available until expended.\n(ii)\nTransfers\nNotwithstanding any other provision of this subchapter, the following amounts shall also be available, without fiscal year limitation, for making payments under this paragraph:\n(I)\nUnobligated national allotment\n(aa)\nFiscal years 2009 through 2012\nAs of December 31 of fiscal year 2009, and as of December 31 of each succeeding fiscal year through fiscal year 2012, the portion, if any, of the amount appropriated under subsection (a) for such fiscal year that is unobligated for allotment to a State under subsection (m)\n1\n1 So in original. This section does not contain a subsec. (m).\nsection 1397kk of this title\n(bb)\nFirst half of fiscal year 2013\nAs of December 31 of fiscal year 2013, the portion, if any, of the sum of the amounts appropriated under subsection (a)(16)(A)\n2\n2 So in original. Subsec. (a) of this section does not contain a par. (16).\nOctober 1, 2012\nMarch 31, 2013\n1\nsection 1397kk of this title\n(cc)\nSecond half of fiscal year 2013\nAs of June 30 of fiscal year 2013, the portion, if any, of the amount appropriated under subsection (a)(16)(B)\n2\nApril 1, 2013\nSeptember 30, 2013\n1\nsection 1397kk of this title\n(II)\nUnexpended allotments not used for redistribution\nAs of November 15 of each of fiscal years 2010 through 2013, the total amount of allotments made to States under\nsection 1397dd of this title\nsection 1397dd(f) of this title\n(III)\nExcess child enrollment contingency funds\nAs of October 1 of each of fiscal years 2010 through 2013, any amount in excess of the aggregate cap applicable to the Child Enrollment Contingency Fund for the fiscal year under\nsection 1397dd(n) of this title\n(iii)\nProportional reduction\nIf the sum of the amounts otherwise payable under this paragraph for a fiscal year exceeds the amount available for the fiscal year under this subparagraph, the amount to be paid under this paragraph to each State shall be reduced proportionally.\n(F)\nQualifying children defined\n(i)\nIn general\nFor purposes of this subsection, subject to clauses (ii) and (iii), the term \u201cqualifying children\u201d means children who meet the eligibility criteria (including income, categorical eligibility, age, and immigration status criteria) in effect as of\nJuly 1, 2008\nsection 1315 of this title\n(ii)\nLimitation\nA child described in clause (i) who is provided medical assistance during a presumptive eligibility period under\nsection 1396r\u20131a of this title\n(iii)\nExclusion\nSuch term does not include any children for whom the State has made an election to provide medical assistance under paragraph (4) of\nsection 1396b(v) of this title\nOctober 1, 2013\n(G)\nApplication to commonwealths and territories\nThe provisions of subparagraph (G) of\nsection 1397dd(n)(3) of this title\n(H)\nApplication to States that implement a Medicaid expansion for children after fiscal year 2008\nIn the case of a State that provides coverage under section 115 of the Children\u2019s Health Insurance Program Reauthorization Act of 2009 for any fiscal year after fiscal year 2008\u2014\n(i) any child enrolled in the State plan under subchapter XIX through the application of such an election shall be disregarded from the determination for the State of the monthly average unduplicated number of qualifying children enrolled in such plan during the first 3 fiscal years in which such an election is in effect; and\n(ii) in determining the baseline number of child enrollees for the State for any fiscal year subsequent to such first 3 fiscal years, the baseline number of child enrollees for the State under subchapter XIX for the third of such fiscal years shall be the monthly average unduplicated number of qualifying children enrolled in the State plan under subchapter XIX for such third fiscal year.\n(4)\nEnrollment and retention provisions for children\nFor purposes of paragraph (3)(A), a State meets the condition of this paragraph for a fiscal year if it is implementing at least 5 of the following enrollment and retention provisions (treating each subparagraph as a separate enrollment and retention provision) throughout the entire fiscal year:\n(A)\nContinuous eligibility\nThe State has elected the option of continuous eligibility for a full 12 months for all children described in section 1396a(e)(12)\n3\n3 See References in Text note below.\n(B)\nLiberalization of asset requirements\nThe State meets the requirement specified in either of the following clauses:\n(i)\nElimination of asset test\nThe State does not apply any asset or resource test for eligibility for children under subchapter XIX or this subchapter.\n(ii)\nAdministrative verification of assets\nThe State\u2014\n(I) permits a parent or caretaker relative who is applying on behalf of a child for medical assistance under subchapter XIX or child health assistance under this subchapter to declare and certify by signature under penalty of perjury information relating to family assets for purposes of determining and redetermining financial eligibility; and\n(II) takes steps to verify assets through means other than by requiring documentation from parents and applicants except in individual cases of discrepancies or where otherwise justified.\n(C)\nElimination of in-person interview requirement\nThe State does not require an application of a child for medical assistance under subchapter XIX (or for child health assistance under this subchapter), including an application for renewal of such assistance, to be made in person nor does the State require a face-to-face interview, unless there are discrepancies or individual circumstances justifying an in-person application or face-to-face interview.\n(D)\nUse of joint application for Medicaid and CHIP\nThe application form and supplemental forms (if any) and information verification process is the same for purposes of establishing and renewing eligibility for children for medical assistance under subchapter XIX and child health assistance under this subchapter.\n(E)\nAutomatic renewal (use of administrative renewal)\n(i)\nIn general\nThe State provides, in the case of renewal of a child\u2019s eligibility for medical assistance under subchapter XIX or child health assistance under this subchapter, a pre-printed form completed by the State based on the information available to the State and notice to the parent or caretaker relative of the child that eligibility of the child will be renewed and continued based on such information unless the State is provided other information. Nothing in this clause shall be construed as preventing a State from verifying, through electronic and other means, the information so provided.\n(ii)\nSatisfaction through demonstrated use of ex parte process\nA State shall be treated as satisfying the requirement of clause (i) if renewal of eligibility of children under subchapter XIX or this subchapter is determined without any requirement for an in-person interview, unless sufficient information is not in the State\u2019s possession and cannot be acquired from other sources (including other State agencies) without the participation of the applicant or the applicant\u2019s parent or caretaker relative.\n(F)\nPresumptive eligibility for children\nThe State is implementing\nsection 1396r\u20131a of this title\nsection 1397gg(e)(1) of this title\n(G)\nExpress Lane\nThe State is implementing the option described in\nsection 1396a(e)(13) of this title\nsection 1397gg(e)(1) of this title\n(H)\nPremium assistance subsidies\nThe State is implementing the option of providing premium assistance subsidies under subsection (c)(10) or\nsection 1396e\u20131 of this title\n(b)\nEnhanced FMAP\nFor purposes of subsection (a), the \u201cenhanced FMAP\u201d, for a State for a fiscal year, is equal to the Federal medical assistance percentage (as defined in the first sentence of\nsection 1396d(b) of this title\nOctober 1, 2015\nSeptember 30, 2019\nOctober 1, 2019\nSeptember 30, 2020\nsection 1396d(b) of this title\n(c)\nLimitation on certain payments for certain expenditures\n(1)\nGeneral limitations\nFunds provided to a State under this subchapter shall only be used to carry out the purposes of this subchapter (as described in\nsection 1397aa of this title\nsection 1396u\u20131 of this title\n(2)\nLimitation on expenditures not used for medicaid or health insurance assistance\n(A)\nIn general\nExcept as provided in this paragraph, the amount of payment that may be made under subsection (a) for a fiscal year for expenditures for items described in paragraph (1)(D) of such subsection shall not exceed 10 percent of the total amount of expenditures for which payment is made under subparagraphs (A), (C), and (D) of paragraph (1) of such subsection.\n(B)\nWaiver authorized for cost-effective alternative\nThe limitation under subparagraph (A) on expenditures for items described in subsection (a)(1)(D) shall not apply to the extent that a State establishes to the satisfaction of the Secretary that\u2014\n(i) coverage provided to targeted low-income children through such expenditures meets the requirements of\nsection 1397cc of this title\n(ii) the cost of such coverage is not greater, on an average per child basis, than the cost of coverage that would otherwise be provided under\nsection 1397cc of this title\n(iii) such coverage is provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under\nsection 254b of this title\n(C)\nNonapplication to certain expenditures\nThe limitation under subparagraph (A) shall not apply with respect to the following expenditures:\n(i)\nExpenditures to increase outreach to, and the enrollment of, Indian children under this subchapter and subchapter XIX\nExpenditures for outreach activities to families of Indian children likely to be eligible for child health assistance under the plan or medical assistance under the State plan under subchapter XIX (or under a waiver of such plan), to inform such families of the availability of, and to assist them in enrolling their children in, such plans, including such activities conducted under grants, contracts, or agreements entered into under\nsection 1320b\u20139(a) of this title\n(ii)\nExpenditures to comply with citizenship or nationality verification requirements\nExpenditures necessary for the State to comply with paragraph (9)(A).\n(iii)\nExpenditures for outreach to increase the enrollment of children under this subchapter and subchapter XIX through premium assistance subsidies\nExpenditures for outreach activities to families of children likely to be eligible for premium assistance subsidies in accordance with paragraph (2)(B), (3), or (10), or a waiver approved under\nsection 1315 of this title\n4\n4 So in original. Probably means subpar. (B) of par. (10).\n(iv)\nPayment error rate measurement (PERM) expenditures\nExpenditures related to the administration of the payment error rate measurement (PERM) requirements applicable to the State child health plan in accordance with the\n5\n5 So in original. The word \u201cthe\u201d probably should not appear.\n(3)\nWaiver for purchase of family coverage\nPayment may be made to a State under subsection (a)(1) for the purchase of family coverage under a group health plan or health insurance coverage that includes coverage of targeted low-income children only if the State establishes to the satisfaction of the Secretary that\u2014\n(A) purchase of such coverage is cost-effective relative to\u2014\n(i) the amount of expenditures under the State child health plan, including administrative expenditures, that the State would have made to provide comparable coverage of the targeted low-income child involved or the family involved (as applicable); or\n(ii) the aggregate amount of expenditures that the State would have made under the State child health plan, including administrative expenditures, for providing coverage under such plan for all such children or families; and\n(B) such coverage shall not be provided if it would otherwise substitute for health insurance coverage that would be provided to such children but for the purchase of family coverage.\n(4)\nUse of non-Federal funds for State matching requirement\nAmounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of non-Federal contributions required under subsection (a).\n(5)\nOffset of receipts attributable to premiums and other cost-sharing\nFor purposes of subsection (a), the amount of the expenditures under the plan shall be reduced by the amount of any premiums and other cost-sharing received by the State.\n(6)\nPrevention of duplicative payments\n(A)\nOther health plans\nNo payment shall be made to a State under this section for expenditures for child health assistance provided for a targeted low-income child under its plan to the extent that a private insurer (as defined by the Secretary by regulation and including a group health plan (as defined in\nsection 1167(1) of title 29\n(B)\nOther Federal governmental programs\nExcept as provided in subparagraph (A) or (B) of subsection (a)(1) or any other provision of law, no payment shall be made to a State under this section for expenditures for child health assistance provided for a targeted low-income child under its plan to the extent that payment has been made or can reasonably be expected to be made promptly (as determined in accordance with regulations) under any other federally operated or financed health care insurance program, other than an insurance program operated or financed by the Indian Health Service, as identified by the Secretary. For purposes of this paragraph, rules similar to the rules for overpayments under\nsection 1396b(d)(2) of this title\n(7)\nLimitation on payment for abortions\n(A)\nIn general\nPayment shall not be made to a State under this section for any amount expended under the State plan to pay for any abortion or to assist in the purchase, in whole or in part, of health benefit coverage that includes coverage of abortion.\n(B)\nException\nSubparagraph (A) shall not apply to an abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest.\n(C)\nRule of construction\nNothing in this section shall be construed as affecting the expenditure by a State, locality, or private person or entity of State, local, or private funds (other than funds expended under the State plan) for any abortion or for health benefits coverage that includes coverage of abortion.\n(8)\nLimitation on matching rate for expenditures for child health assistance provided to children whose effective family income exceeds 300 percent of the poverty line\n(A)\nFMAP applied to expenditures\nExcept as provided in subparagraph (B), for fiscal years beginning with fiscal year 2009, the Federal medical assistance percentage (as determined under\nsection 1396d(b) of this title\n(B)\nException\nSubparagraph (A) shall not apply to any State that, on\nFebruary 4, 2009\n(9)\nCitizenship documentation requirements\n(A)\nIn general\nNo payment may be made under this section with respect to an individual who has, or is, declared to be a citizen or national of the United States for purposes of establishing eligibility under this subchapter unless the State meets the requirements of\nsection 1396a(a)(46)(B) of this title\n(B)\nEnhanced payments\nNotwithstanding subsection (b), the enhanced FMAP with respect to payments under subsection (a) for expenditures described in clause (i) or (ii) of\nsection 1396b(a)(3)(G) of this title\n(10)\nState option to offer premium assistance\n(A)\nIn general\nA State may elect to offer a premium assistance subsidy (as defined in subparagraph (C)) for qualified employer-sponsored coverage (as defined in subparagraph (B)) to all targeted low-income children who are eligible for child health assistance under the plan and have access to such coverage in accordance with the requirements of this paragraph if the offering of such a subsidy is cost-effective, as defined for purposes of paragraph (3)(A). No subsidy shall be provided to a targeted low-income child under this paragraph unless the child (or the child\u2019s parent) voluntarily elects to receive such a subsidy. A State may not require such an election as a condition of receipt of child health assistance.\n(B)\nQualified employer-sponsored coverage\n(i)\nIn general\nSubject to clause (ii), in this paragraph, the term \u201cqualified employer-sponsored coverage\u201d means a group health plan or health insurance coverage offered through an employer\u2014\n(I) that qualifies as creditable coverage as a group health plan under section 2701(c)(1) of the Public Health Service Act;\n3\n(II) for which the employer contribution toward any premium for such coverage is at least 40 percent; and\n(III) that is offered to all individuals in a manner that would be considered a nondiscriminatory eligibility classification for purposes of paragraph (3)(A)(ii) of section 105(h) of the Internal Revenue Code of 1986 (but determined without regard to clause (i) of subparagraph (B) of such paragraph).\n(ii)\nException\nSuch term does not include coverage consisting of\u2014\n(I) benefits provided under a health flexible spending arrangement (as defined in section 106(c)(2) of the Internal Revenue Code of 1986); or\n(II) a high deductible health plan (as defined in section 223(c)(2) of such Code), without regard to whether the plan is purchased in conjunction with a health savings account (as defined under section 223(d) of such Code).\n(C)\nPremium assistance subsidy\n(i)\nIn general\nIn this paragraph, the term \u201cpremium assistance subsidy\u201d means, with respect to a targeted low-income child, the amount equal to the difference between the employee contribution required for enrollment only of the employee under qualified employer-sponsored coverage and the employee contribution required for enrollment of the employee and the child in such coverage, less any applicable premium cost-sharing applied under the State child health plan (subject to the limitations imposed under\nsection 1397cc(e) of this title\n(ii)\nState payment option\nA State may provide a premium assistance subsidy either as reimbursement to an employee for out-of-pocket expenditures or, subject to clause (iii), directly to the employee\u2019s employer.\n(iii)\nEmployer opt-out\nAn employer may notify a State that it elects to opt-out of being directly paid a premium assistance subsidy on behalf of an employee. In the event of such a notification, an employer shall withhold the total amount of the employee contribution required for enrollment of the employee and the child in the qualified employer-sponsored coverage and the State shall pay the premium assistance subsidy directly to the employee.\n(iv)\nTreatment as child health assistance\nExpenditures for the provision of premium assistance subsidies shall be considered child health assistance described in paragraph (1)(C) of subsection (a) for purposes of making payments under that subsection.\n(D)\nApplication of secondary payor rules\nThe State shall be a secondary payor for any items or services provided under the qualified employer-sponsored coverage for which the State provides child health assistance under the State child health plan.\n(E)\nRequirement to provide supplemental coverage for benefits and cost-sharing protection provided under the State child health plan\n(i)\nIn general\nNotwithstanding\n(I) items or services that are not covered, or are only partially covered, under the qualified employer-sponsored coverage; and\n(II) cost-sharing protection consistent with\nsection 1397cc(e) of this title\n(ii)\nRecord keeping requirements\nFor purposes of carrying out clause (i), a State may elect to directly pay out-of-pocket expenditures for cost-sharing imposed under the qualified employer-sponsored coverage and collect or not collect all or any portion of such expenditures from the parent of the child.\n(F)\nApplication of waiting period imposed under the State\nAny waiting period imposed under the State child health plan prior to the provision of child health assistance to a targeted low-income child under the State plan shall apply to the same extent to the provision of a premium assistance subsidy for the child under this paragraph.\n(G)\nOpt-out permitted for any month\nA State shall establish a process for permitting the parent of a targeted low-income child receiving a premium assistance subsidy to disenroll the child from the qualified employer-sponsored coverage and enroll the child in, and receive child health assistance under, the State child health plan, effective on the first day of any month for which the child is eligible for such assistance and in a manner that ensures continuity of coverage for the child.\n(H)\nApplication to parents\nIf a State provides child health assistance or health benefits coverage to parents of a targeted low-income child in accordance with\n(i) the amount of the premium assistance subsidy shall be increased to take into account the cost of the enrollment of the parent in the qualified employer-sponsored coverage or, at the option of the State if the State determines it cost-effective, the cost of the enrollment of the child\u2019s family in such coverage; and\n(ii) any reference in this paragraph to a child is deemed to include a reference to the parent or, if applicable under clause (i), the family of the child.\n(I)\nAdditional State option for providing premium assistance\n(i)\nIn general\nA State may establish an employer-family premium assistance purchasing pool for employers with less than 250 employees who have at least 1 employee who is a pregnant woman eligible for assistance under the State child health plan (including through the application of an option described in section 1397\nll\n(ii)\nAccess to choice of coverage\nA State that elects the option under clause (i) shall identify and offer access to not less than 2 private health plans that are health benefits coverage that is equivalent to the benefits coverage in a benchmark benefit package described in\nsection 1397cc(b) of this title\nsection 1397cc(a)(2) of this title\n(iii)\nClarification of payment for administrative expenditures\nNothing in this subparagraph shall be construed as permitting payment under this section for administrative expenditures attributable to the establishment or operation of such pool, except to the extent that such payment would otherwise be permitted under this subchapter.\n(J)\nNo effect on premium assistance waiver programs\nNothing in this paragraph shall be construed as limiting the authority of a State to offer premium assistance under section 1396e or 1396e\u20131 of this title, a waiver described in paragraph (2)(B) or (3), a waiver approved under\nsection 1315 of this title\nFebruary 4, 2009\n(K)\nNotice of availability\nIf a State elects to provide premium assistance subsidies in accordance with this paragraph, the State shall\u2014\n(i) include on any application or enrollment form for child health assistance a notice of the availability of premium assistance subsidies for the enrollment of targeted low-income children in qualified employer-sponsored coverage;\n(ii) provide, as part of the application and enrollment process under the State child health plan, information describing the availability of such subsidies and how to elect to obtain such a subsidy; and\n(iii) establish such other procedures as the State determines necessary to ensure that parents are fully informed of the choices for receiving child health assistance under the State child health plan or through the receipt of premium assistance subsidies.\n(L)\nApplication to qualified employer-sponsored benchmark coverage\nIf a group health plan or health insurance coverage offered through an employer is certified by an actuary as health benefits coverage that is equivalent to the benefits coverage in a benchmark benefit package described in\nsection 1397cc(b) of this title\nsection 1397cc(a)(2) of this title\n(M)\nCoordination with medicaid\nIn the case of a targeted low-income child who receives child health assistance through a State plan under subchapter XIX and who voluntarily elects to receive a premium assistance subsidy under this section, the provisions of\nsection 1396e\u20131 of this title\n(11)\nEnhanced payments\nNotwithstanding subsection (b), the enhanced FMAP with respect to payments under subsection (a) for expenditures related to the administration of the payment error rate measurement (PERM) requirements applicable to the State child health plan in accordance with the\n5\n(12)\nTemporary enhanced payment for coverage and administration of COVID\u201319 vaccines\nDuring the period described in\nsection 1396d(hh)(2) of this title\nsection 1396d(a)(4)(E) of this title\n(d)\nMaintenance of effort\n(1)\nIn medicaid eligibility standards\nNo payment may be made under subsection (a) with respect to child health assistance provided under a State child health plan if the State adopts income and resource standards and methodologies for purposes of determining a child\u2019s eligibility for medical assistance under the State plan under subchapter XIX that are more restrictive than those applied as of\nJune 1, 1997\nsection 1396a(e)(14) of this title\n(2)\nIn amounts of payment expended for certain State-funded health insurance programs for children\n(A)\nIn general\nThe amount of the allotment for a State in a fiscal year (beginning with fiscal year 1999) shall be reduced by the amount by which\u2014\n(i) the total of the State children\u2019s health insurance expenditures in the preceding fiscal year, is less than\n(ii) the total of such expenditures in fiscal year 1996.\n(B)\nState children\u2019s health insurance expenditures\nThe term \u201cState children\u2019s health insurance expenditures\u201d means the following:\n(i) The State share of expenditures under this subchapter.\n(ii) The State share of expenditures under subchapter XIX that are attributable to an enhanced FMAP under the fourth sentence of\nsection 1396d(b) of this title\n(iii) State expenditures under health benefits coverage under an existing comprehensive State-based program, described in\nsection 1397cc(d) of this title\n(3)\nContinuation of eligibility standards for children through September 30, 2029\n(A)\nIn general\nDuring the period that begins on\n(i) applying eligibility standards, methodologies, or procedures for children under the State child health plan or under any waiver of the plan that are less restrictive than the eligibility standards, methodologies, or procedures, respectively, for children under the plan or waiver that are in effect on\nMarch 23, 2010\n(ii) after\nSeptember 30, 2015\n(iii) imposing a limitation described in section 1397\nll\n(B)\nAssurance of exchange coverage for targeted low-income children unable to be provided child health assistance as a result of funding shortfalls\nIn the event that allotments provided under\nsection 1397dd of this title\nsection 18031 of this title\nsection 18071 of this title\n(C)\nCertification of comparability of pediatric coverage offered by qualified health plans\nWith respect to each State, the Secretary, not later than\nApril 1, 2015\nsection 18031 of this title\n(e)\nAdvance payment; retrospective adjustment\nThe Secretary may make payments under this section for each quarter on the basis of advance estimates of expenditures submitted by the State and such other investigation as the Secretary may find necessary, and may reduce or increase the payments as necessary to adjust for any overpayment or underpayment for prior quarters.\n(f)\nFlexibility in submittal of claims\nNothing in this section or subsections (e) and (f) of\nsection 1397dd of this title\n(g)\nAuthority for qualifying States to use certain funds for medicaid expenditures\n(1)\nState option\n(A)\nIn general\nNotwithstanding any other provision of law, subject to paragraph (4), a qualifying State (as defined in paragraph (2)) may elect to use not more than 20 percent of any allotment under\nsection 1397dd of this title\n(B)\nPayments to States\n(i)\nIn general\nIn the case of a qualifying State that has elected the option described in subparagraph (A), subject to the availability of funds under such subparagraph with respect to the State, the Secretary shall pay the State an amount each quarter equal to the additional amount that would have been paid to the State under subchapter XIX with respect to expenditures described in clause (ii) if the enhanced FMAP (as determined under subsection (b)) had been substituted for the Federal medical assistance percentage (as defined in\nsection 1396d(b) of this title\n(ii)\nExpenditures described\nFor purposes of this subparagraph, the expenditures described in this clause are expenditures, made after\nAugust 15, 2003\n(iii)\nNo impact on determination of budget neutrality for waivers\nIn the case of a qualifying State that uses amounts paid under this subsection for expenditures described in clause (ii) that are incurred under a waiver approved for the State, any budget neutrality determinations with respect to such waiver shall be determined without regard to such amounts paid.\n(2)\nQualifying State\nIn this subsection, the term \u201cqualifying State\u201d means a State that, on and after\nApril 15, 1997\nsection 1396a(a)(10)(A) of this title\nsection 1315 of this title\nAugust 1, 1994\nJuly 1, 1995\nsection 1315 of this title\nJanuary 1, 1994\nsection 1315 of this title\nOctober 1, 1993\nJuly 1, 1998\nsection 1396a(a)(10)(A) of this title\nsection 1315 of this title\n(3)\nConstruction\nNothing in paragraphs (1) and (2) shall be construed as modifying the requirements applicable to States implementing State child health plans under this subchapter.\n(4)\nOption for allotments for fiscal years 2009 through 2029\n(A)\nPayment of enhanced portion of matching rate for certain expenditures\nIn the case of expenditures described in subparagraph (B), a qualifying State (as defined in paragraph (2)) may elect to be paid from the State\u2019s allotment made under\nsection 1397dd of this title\nsection 1396d(b) of this title\n(B)\nExpenditures described\nFor purposes of subparagraph (A), the expenditures described in this subparagraph are expenditures made after\nFebruary 4, 2009\n(h)\nRural health transformation program\n(1)\nAppropriation\n(A)\nIn general\nThere are appropriated, out of any money in the Treasury not otherwise appropriated, to the Administrator of the Centers for Medicare & Medicaid Services (in this subsection referred to as the \u201cAdministrator\u201d), to provide allotments to States for purposes of carrying out the activities described in paragraph (6)\u2014\n(i) $10,000,000,000 for fiscal year 2026;\n(ii) $10,000,000,000 for fiscal year 2027;\n(iii) $10,000,000,000 for fiscal year 2028;\n(iv) $10,000,000,000 for fiscal year 2029; and\n(v) $10,000,000,000 for fiscal year 2030.\n(B)\nUnexpended or unobligated funds\n(i)\nIn general\nAny amounts appropriated under subparagraph (A) that are unexpended or unobligated as of\nOctober 1, 2032\n(ii)\nRedistribution of unexpended or unobligated funds\nIn carrying out subparagraph (A), the Administrator shall, not later than\nMarch 31, 2028\nMarch 31, 2032\n(iii)\nAvailability of funds\n(I)\nIn general\nAmounts allotted to a State under this subsection for a year shall be available for expenditure by the State through the end of the fiscal year following the fiscal year in which such amounts are allotted.\n(II)\nAvailability of amounts redistributed\nAmounts redistributed to a State under clause (ii) with respect to a fiscal year shall be available for expenditure by the State through the end of the fiscal year following the fiscal year in which such amounts are redistributed (except in the case of amounts redistributed in fiscal year 2032 which shall only be available for expenditure through\nSeptember 30, 2032\n(iv)\nMisuse of funds\nIf the Administrator determines that a State is not using amounts allotted or redistributed to the State under this subsection in a manner consistent with the description provided by the State in its application approved under paragraph (2), the Administrator may withhold payments to, or reduce payments to, or recover previous payments from, the State under this subsection as the Administrator deems appropriate, and any amounts so withheld, or that remain after any such reduction, or so recovered, shall be returned to the Treasury of the United States.\n(2)\nApplication\n(A)\nIn general\nTo be eligible for an allotment under this subsection, a State shall submit to the Administrator during an application submission period to be specified by the Administrator (but that ends not later than\n(i) a detailed rural health transformation plan\u2014\n(I) to improve access to hospitals, other health care providers, and health care items and services furnished to rural residents of the State;\n(II) to improve health care outcomes of rural residents of the State;\n(III) to prioritize the use of new and emerging technologies that emphasize prevention and chronic disease management;\n(IV) to initiate, foster, and strengthen local and regional strategic partnerships between rural hospitals and other health care providers in order to promote measurable quality improvement, increase financial stability, maximize economies of scale, and share best practices in care delivery;\n(V) to enhance economic opportunity for, and the supply of, health care clinicians through enhanced recruitment and training;\n(VI) to prioritize data and technology driven solutions that help rural hospitals and other rural health care providers furnish high-quality health care services as close to a patient\u2019s home as is possible;\n(VII) that outlines strategies to manage long-term financial solvency and operating models of rural hospitals in the State; and\n(VIII) that identifies specific causes driving the accelerating rate of stand-alone rural hospitals becoming at risk of closure, conversion, or service reduction;\n(ii) a certification that none of the amounts provided under this subsection shall be used by the State for an expenditure that is attributable to an intergovernmental transfer, certified public expenditure, or any other expenditure to finance the non-Federal share of expenditures required under any provision of law, including under the State plan established under this subchapter, the State plan established under subchapter XIX, or under a waiver of such plans; and\n(iii) such other information as the Administrator may require.\n(B)\nDeadline for approval\nNot later than\nDecember 31, 2025\n(C)\nOne-time application\nIf an application of a State for an allotment under this subsection is approved by the Administrator, the State shall be eligible for an allotment under this subsection for each of fiscal years 2026 through 2030, except as provided in paragraph (1)(B)(iv).\n(D)\nEligibility\nOnly the 50 States shall be eligible for an allotment under this subsection and all references in this subsection to a State shall be treated as only referring to the 50 States.\n(3)\nAllotments\n(A)\nIn general\nFor each of fiscal years 2026 through 2030, the Administrator shall determine under subparagraph (B) the amount of the allotment for such fiscal year for each State with an approved application under this subsection.\n(B)\nAmount determined\nSubject to subparagraph (C), from the amounts appropriated under paragraph (1)(A) for each of fiscal years 2026 through 2030, the Administrator shall allot\u2014\n(i) 50 percent of the amounts appropriated for each such fiscal year equally among all States with an approved application under this subsection; and\n(ii) 50 percent of the amounts appropriated for each such fiscal year among all such States in an amount to be determined by the Administrator in accordance with subparagraph (C).\n(C)\nRequirements\nIn determining the amount to be allotted to a State under clause (ii) of subparagraph (B) for a fiscal year, the Administrator shall\u2014\n(i) ensure that not less than \u00bc of the States with an approved application under this subsection for a fiscal year are allotted funds from amounts that are to be allotted under clause (ii) of such subparagraph; and\n(ii) consider\u2014\n(I) the percentage of the State population that is located in a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on\nFebruary 27, 1992\n(II) the proportion of rural health facilities (as defined in subparagraph (D)) in the State relative to the number of rural health facilities nationwide;\n(III) the situation of hospitals in the State, as described in\nsection 1396a(a)(13)(A)(iv) of this title\n(IV) any other factors that the Administrator determines appropriate.\n(D)\nRural health facility defined\nFor the purposes of subparagraph (C)(ii), the term \u201crural health facility\u201d means the following:\n(i) A subsection (d) hospital (as defined in paragraph (1)(B) of\n(I) is located in a rural area (as defined in paragraph (2)(D) of such section\n6\n6 So in original. Probably should be \u201csubsection\u201d.\n(II) is treated as being located in a rural area pursuant to paragraph (8)(E) of such section\n6\n(III) is located in a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on\nFebruary 27, 1992\n(ii) A critical access hospital (as defined in\nsection 1395x(mm)(1) of this title\n(iii) A sole community hospital (as defined in\nsection 1395ww(d)(5)(D)(iii) of this title\n(iv) A Medicare-dependent, small rural hospital (as defined in\nsection 1395ww(d)(5)(G)(iv) of this title\n(v) A low-volume hospital (as defined in\nsection 1395ww(d)(12)(C) of this title\n(vi) A rural emergency hospital (as defined in\nsection 1395x(kkk)(2) of this title\n(vii) A rural health clinic (as defined in\nsection 1395x(aa)(2) of this title\n(viii) A Federally qualified health center (as defined in\nsection 1395x(aa)(4) of this title\n(ix) A community mental health center (as defined in\nsection 1395x(ff)(3)(B) of this title\n(x) A health center that is receiving a grant under\nsection 254b of this title\n(xi) An opioid treatment program (as defined in\nsection 1395x(jjj)(2) of this title\nFebruary 27, 1992\n(xii) A certified community behavioral health clinic (as defined in\nsection 1396d(jj)(2) of this title\nFebruary 27, 1992\n(4)\nNo matching payment\nA State approved for an allotment under this subsection for a fiscal year shall not be required to provide any matching funds as a condition for receiving payments from the allotment.\n(5)\nTerms and conditions\nThe Administrator shall specify such terms and conditions for allotments to States provided under this subsection as the Administrator deems appropriate, including the following:\n(A) Each State shall submit to the Administrator (at a time, and in a form and manner, specified by the Administrator)\u2014\n(i) a plan for the State to use its allotment to carry out 3 or more of the activities described in paragraph (6); and\n(ii) annual reports on the use of allotments, including such additional information as the Administrator determines appropriate.\n(B) Not more than 10 percent of the amount allotted to a State for a fiscal year may be used by the State for administrative expenses.\n(6)\nUse of funds\nAmounts allotted to a State under this subsection shall be used for 3 or more of the following health-related activities:\n(A) Promoting evidence-based, measurable interventions to improve prevention and chronic disease management.\n(B) Providing payments to health care providers for the provision of health care items or services, as specified by the Administrator.\n(C) Promoting consumer-facing, technology-driven solutions for the prevention and management of chronic diseases.\n(D) Providing training and technical assistance for the development and adoption of technology-enabled solutions that improve care delivery in rural hospitals, including remote monitoring, robotics, artificial intelligence, and other advanced technologies.\n(E) Recruiting and retaining clinical workforce talent to rural areas, with commitments to serve rural communities for a minimum of 5 years.\n(F) Providing technical assistance, software, and hardware for significant information technology advances designed to improve efficiency, enhance cybersecurity capability development, and improve patient health outcomes.\n(G) Assisting rural communities to right size their health care delivery systems by identifying needed preventative, ambulatory, pre-hospital, emergency, acute inpatient care, outpatient care, and post-acute care service lines.\n(H) Supporting access to opioid use disorder treatment services (as defined in\nsection 1395x(jjj)(1) of this title\n(I) Developing projects that support innovative models of care that include value-based care arrangements and alternative payment models, as appropriate.\n(J) Additional uses designed to promote sustainable access to high quality rural health care services, as determined by the Administrator.\n(7)\nExemptions\nParagraphs (2), (3), (5), (6), (8), (10), (11), and (12) of subsection (c) do not apply to payments under this subsection.\n(8)\nReview\nThere shall be no administrative or judicial review under\nsection 1316 of this title\n(9)\nHealth care provider defined\nFor purposes of this subsection, the term \u201chealth care provider\u201d means a provider of services or supplier who is enrolled under this subchapter, subchapter XVIII, or subchapter XIX.","url":"https://projectusc.org/usc/t42/s1397ee.html","content":[{"t":"sec","id":"/us/usc/t42/s1397ee","children":[{"t":"num","text":"\u00a7\u202f1397ee."},{"t":"heading","text":"Payments to States"},{"t":"subsec","id":"/us/usc/t42/s1397ee/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Payments"},{"t":"para","id":"/us/usc/t42/s1397ee/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Subject to the succeeding provisions of this section, the Secretary shall pay to each State with a plan approved under this subchapter, from its allotment under ","children":[{"t":"ref","text":"section 1397dd of this title","href":"/us/usc/t42/s1397dd","tail":", an amount for each quarter equal to the enhanced FMAP (or, in the case of expenditures described in subparagraph (D)(iv), the higher of 75 percent or the sum of the enhanced FMAP plus 5 percentage points) of expenditures in the quarter\u2014"}]},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" for child health assistance under the plan for targeted low-income children in the form of providing medical assistance for which payment is made on the basis of an enhanced FMAP under the fourth sentence of ","children":[{"t":"ref","text":"section 1396d(b) of this title","href":"/us/usc/t42/s1396d/b","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"text","text":"\n"},{"t":"p","text":" [reserved]","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" for child health assistance under the plan for targeted low-income children in the form of providing health benefits coverage that meets the requirements of ","children":[{"t":"ref","text":"section 1397cc of this title","href":"/us/usc/t42/s1397cc","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/1/D","children":[{"t":"num","text":"(D)"},{"t":"chapeau","text":" only to the extent permitted consistent with subsection (c)\u2014"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/1/D/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" for payment for other child health assistance for targeted low-income children;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/1/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" for expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children);","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/1/D/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" for expenditures for outreach activities as provided in ","children":[{"t":"ref","text":"section 1397bb(c)(1) of this title","href":"/us/usc/t42/s1397bb/c/1","tail":" under the plan;"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/1/D/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" for translation or interpretation services in connection with the enrollment of, retention of, and use of services under this subchapter by, individuals for whom English is not their primary language (as found necessary by the Secretary for the proper and efficient administration of the State plan); and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/1/D/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" for other reasonable costs incurred by the State to administer the plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Order of payments"},{"t":"chapeau","text":"Payments under paragraph (1) from a State\u2019s allotment shall be made in the following order:"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" First, for expenditures for items described in paragraph (1)(A).","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Second, for expenditures for items described in paragraph (1)(B).","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Third, for expenditures for items described in paragraph (1)(C).","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Fourth, for expenditures for items described in paragraph (1)(D).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Performance bonus payment to offset additional Medicaid and CHIP child enrollment costs resulting from enrollment and retention efforts"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"In addition to the payments made under paragraph (1), for each fiscal year (beginning with fiscal year 2009 and ending with fiscal year 2013), the Secretary shall pay from amounts made available under subparagraph (E), to each State that meets the condition under paragraph (4) for the fiscal year, an amount equal to the amount described in subparagraph (B) for the State and fiscal year. The payment under this paragraph shall be made, to a State for a fiscal year, as a single payment not later than the last day of the first calendar quarter of the following fiscal year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Amount for above baseline Medicaid child enrollment costs"},{"t":"chapeau","text":"Subject to subparagraph (E), the amount described in this subparagraph for a State for a fiscal year is equal to the sum of the following amounts:"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"First tier above baseline Medicaid enrollees"},{"t":"content","children":[{"t":"p","text":"An amount equal to the number of first tier above baseline child enrollees (as determined under subparagraph (C)(i)) under subchapter XIX for the State and fiscal year, multiplied by 15 percent of the projected per capita State Medicaid expenditures (as determined under subparagraph (D)) for the State and fiscal year under subchapter XIX.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Second tier above baseline Medicaid enrollees"},{"t":"content","children":[{"t":"p","text":"An amount equal to the number of second tier above baseline child enrollees (as determined under subparagraph (C)(ii)) under subchapter XIX for the State and fiscal year, multiplied by 62.5 percent of the projected per capita State Medicaid expenditures (as determined under subparagraph (D)) for the State and fiscal year under subchapter XIX.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/3/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Number of first and second tier above baseline child enrollees; baseline number of child enrollees"},{"t":"chapeau","text":"For purposes of this paragraph:"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"First tier above baseline child enrollees"},{"t":"chapeau","text":"The number of first tier above baseline child enrollees for a State for a fiscal year under subchapter XIX is equal to the number (if any, as determined by the Secretary) by which\u2014"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/3/C/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the monthly average unduplicated number of qualifying children (as defined in subparagraph (F)) enrolled during the fiscal year under the State plan under subchapter XIX; exceeds","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/3/C/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" the baseline number of enrollees described in clause (iii) for the State and fiscal year under subchapter XIX;","tail":"\n"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"\u2001but not to exceed 10 percent of the baseline number of enrollees described in subclause (II).","tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Second tier above baseline child enrollees"},{"t":"chapeau","text":"The number of second tier above baseline child enrollees for a State for a fiscal year under subchapter XIX is equal to the number (if any, as determined by the Secretary) by which\u2014"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/3/C/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the monthly average unduplicated number of qualifying children (as defined in subparagraph (F)) enrolled during the fiscal year under subchapter XIX as described in clause (i)(I); exceeds","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/3/C/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" the sum of the baseline number of child enrollees described in clause (iii) for the State and fiscal year under subchapter XIX, as described in clause (i)(II), and the maximum number of first tier above baseline child enrollees for the State and fiscal year under subchapter XIX, as determined under clause (i).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/C/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Baseline number of child enrollees"},{"t":"chapeau","text":"Subject to subparagraph (H), the baseline number of child enrollees for a State under subchapter XIX\u2014"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/3/C/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" for fiscal year 2009 is equal to the monthly average unduplicated number of qualifying children enrolled in the State plan under subchapter XIX during fiscal year 2007 increased by the population growth for children in that State from 2007 to 2008 (as estimated by the Bureau of the Census) plus 4 percentage points, and further increased by the population growth for children in that State from 2008 to 2009 (as estimated by the Bureau of the Census) plus 4 percentage points;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/3/C/iii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" for each of fiscal years 2010, 2011, and 2012, is equal to the baseline number of child enrollees for the State for the previous fiscal year under subchapter XIX, increased by the population growth for children in that State from the calendar year in which the respective fiscal year begins to the succeeding calendar year (as estimated by the Bureau of the Census) plus 3.5 percentage points;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/3/C/iii/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" for each of fiscal years 2013, 2014, and 2015, is equal to the baseline number of child enrollees for the State for the previous fiscal year under subchapter XIX, increased by the population growth for children in that State from the calendar year in which the respective fiscal year begins to the succeeding calendar year (as estimated by the Bureau of the Census) plus 3 percentage points; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/3/C/iii/IV","children":[{"t":"num","text":"(IV)"},{"t":"content","text":" for a subsequent fiscal year is equal to the baseline number of child enrollees for the State for the previous fiscal year under subchapter XIX, increased by the population growth for children in that State from the calendar year in which the fiscal year involved begins to the succeeding calendar year (as estimated by the Bureau of the Census) plus 2 percentage points.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/3/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Projected per capita State Medicaid expenditures"},{"t":"content","children":[{"t":"p","text":"For purposes of subparagraph (B), the projected per capita State Medicaid expenditures for a State and fiscal year under subchapter XIX is equal to the average per capita expenditures (including both State and Federal financial participation) for children under the State plan under such subchapter, including under waivers but not including such children eligible for assistance by virtue of the receipt of benefits under subchapter XVI, for the most recent fiscal year for which actual data are available (as determined by the Secretary), increased (for each subsequent fiscal year up to and including the fiscal year involved) by the annual percentage increase in per capita amount of National Health Expenditures (as estimated by the Secretary) for the calendar year in which the respective subsequent fiscal year ends and multiplied by a State matching percentage equal to 100 percent minus the Federal medical assistance percentage (as defined in ","children":[{"t":"ref","text":"section 1396d(b) of this title","href":"/us/usc/t42/s1396d/b","tail":") for the fiscal year involved."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/3/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Amounts available for payments"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/E/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Initial appropriation"},{"t":"content","children":[{"t":"p","text":"Out of any money in the Treasury not otherwise appropriated, there are appropriated $3,225,000,000 for fiscal year 2009 for making payments under this paragraph, to be available until expended.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/E/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Transfers"},{"t":"chapeau","text":"Notwithstanding any other provision of this subchapter, the following amounts shall also be available, without fiscal year limitation, for making payments under this paragraph:"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/3/E/ii/I","children":[{"t":"num","text":"(I)"},{"t":"heading","text":"Unobligated national allotment"},{"t":"num","text":"(aa)"},{"t":"heading","text":"Fiscal years 2009 through 2012"},{"t":"content","children":[{"t":"p","text":"As of December 31 of fiscal year 2009, and as of December 31 of each succeeding fiscal year through fiscal year 2012, the portion, if any, of the amount appropriated under subsection (a) for such fiscal year that is unobligated for allotment to a State under subsection (m)\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. This section does not contain a subsec. (m)."},{"t":"text","text":"\u202fSo in original. This section does not contain a subsec. (m).","tail":" for such fiscal year or set aside under subsection (a)(3) or (b)(2) of "},{"t":"ref","text":"section 1397kk of this title","href":"/us/usc/t42/s1397kk","tail":" for such fiscal year."}],"tail":"\n"}]},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"heading","text":"First half of fiscal year 2013"},{"t":"content","children":[{"t":"p","text":"As of December 31 of fiscal year 2013, the portion, if any, of the sum of the amounts appropriated under subsection (a)(16)(A)\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. Subsec. (a) of this section does not contain a par. (16)."},{"t":"text","text":"\u202fSo in original. Subsec. (a) of this section does not contain a par. (16).","tail":" and under section 108 of the Children\u2019s Health Insurance Reauthorization Act of 2009 for the period beginning on "},{"t":"text","text":"October 1, 2012","tail":", and ending on "},{"t":"text","text":"March 31, 2013","tail":", that is unobligated for allotment to a State under subsection (m)\u202f"},{"t":"text","text":"1","tail":" for such fiscal year or set aside under subsection (b)(2) of "},{"t":"ref","text":"section 1397kk of this title","href":"/us/usc/t42/s1397kk","tail":" for such fiscal year."}],"tail":"\n"}]},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(cc)"},{"t":"heading","text":"Second half of fiscal year 2013"},{"t":"content","children":[{"t":"p","text":"As of June 30 of fiscal year 2013, the portion, if any, of the amount appropriated under subsection (a)(16)(B)\u202f","children":[{"t":"text","text":"2","tail":" for the period beginning on "},{"t":"text","text":"April 1, 2013","tail":", and ending on "},{"t":"text","text":"September 30, 2013","tail":", that is unobligated for allotment to a State under subsection (m)\u202f"},{"t":"text","text":"1","tail":" for such fiscal year or set aside under subsection (b)(2) of "},{"t":"ref","text":"section 1397kk of this title","href":"/us/usc/t42/s1397kk","tail":" for such fiscal year."}],"tail":"\n"}]},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/3/E/ii/II","children":[{"t":"num","text":"(II)"},{"t":"heading","text":"Unexpended allotments not used for redistribution"},{"t":"content","children":[{"t":"p","text":"As of November 15 of each of fiscal years 2010 through 2013, the total amount of allotments made to States under ","children":[{"t":"ref","text":"section 1397dd of this title","href":"/us/usc/t42/s1397dd","tail":" for the second preceding fiscal year (third preceding fiscal year in the case of the fiscal year 2006, 2007, and 2008 allotments) that is not expended or redistributed under "},{"t":"ref","text":"section 1397dd(f) of this title","href":"/us/usc/t42/s1397dd/f","tail":" during the period in which such allotments are available for obligation."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/3/E/ii/III","children":[{"t":"num","text":"(III)"},{"t":"heading","text":"Excess child enrollment contingency funds"},{"t":"content","children":[{"t":"p","text":"As of October 1 of each of fiscal years 2010 through 2013, any amount in excess of the aggregate cap applicable to the Child Enrollment Contingency Fund for the fiscal year under ","children":[{"t":"ref","text":"section 1397dd(n) of this title","href":"/us/usc/t42/s1397dd/n","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/E/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Proportional reduction"},{"t":"content","children":[{"t":"p","text":"If the sum of the amounts otherwise payable under this paragraph for a fiscal year exceeds the amount available for the fiscal year under this subparagraph, the amount to be paid under this paragraph to each State shall be reduced proportionally.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/3/F","children":[{"t":"num","text":"(F)"},{"t":"heading","text":"Qualifying children defined"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/F/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"For purposes of this subsection, subject to clauses (ii) and (iii), the term \u201cqualifying children\u201d means children who meet the eligibility criteria (including income, categorical eligibility, age, and immigration status criteria) in effect as of ","children":[{"t":"text","text":"July 1, 2008","tail":", for enrollment under subchapter XIX, taking into account criteria applied as of such date under subchapter XIX pursuant to a waiver under "},{"t":"ref","text":"section 1315 of this title","href":"/us/usc/t42/s1315","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/F/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Limitation"},{"t":"content","children":[{"t":"p","text":"A child described in clause (i) who is provided medical assistance during a presumptive eligibility period under ","children":[{"t":"ref","text":"section 1396r\u20131a of this title","href":"/us/usc/t42/s1396r\u20131a","tail":" shall be considered to be a \u201cqualifying child\u201d only if the child is determined to be eligible for medical assistance under subchapter XIX."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/F/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Exclusion"},{"t":"content","children":[{"t":"p","text":"Such term does not include any children for whom the State has made an election to provide medical assistance under paragraph (4) of ","children":[{"t":"ref","text":"section 1396b(v) of this title","href":"/us/usc/t42/s1396b/v","tail":" or any children enrolled on or after "},{"t":"text","text":"October 1, 2013","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/3/G","children":[{"t":"num","text":"(G)"},{"t":"heading","text":"Application to commonwealths and territories"},{"t":"content","children":[{"t":"p","text":"The provisions of subparagraph (G) of ","children":[{"t":"ref","text":"section 1397dd(n)(3) of this title","href":"/us/usc/t42/s1397dd/n/3","tail":" shall apply with respect to payment under this paragraph in the same manner as such provisions apply to payment under such section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/3/H","children":[{"t":"num","text":"(H)"},{"t":"heading","text":"Application to States that implement a Medicaid expansion for children after fiscal year 2008"},{"t":"chapeau","text":"In the case of a State that provides coverage under section 115 of the Children\u2019s Health Insurance Program Reauthorization Act of 2009 for any fiscal year after fiscal year 2008\u2014"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/H/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" any child enrolled in the State plan under subchapter XIX through the application of such an election shall be disregarded from the determination for the State of the monthly average unduplicated number of qualifying children enrolled in such plan during the first 3 fiscal years in which such an election is in effect; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/3/H/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" in determining the baseline number of child enrollees for the State for any fiscal year subsequent to such first 3 fiscal years, the baseline number of child enrollees for the State under subchapter XIX for the third of such fiscal years shall be the monthly average unduplicated number of qualifying children enrolled in the State plan under subchapter XIX for such third fiscal year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Enrollment and retention provisions for children"},{"t":"chapeau","text":"For purposes of paragraph (3)(A), a State meets the condition of this paragraph for a fiscal year if it is implementing at least 5 of the following enrollment and retention provisions (treating each subparagraph as a separate enrollment and retention provision) throughout the entire fiscal year:"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Continuous eligibility"},{"t":"content","children":[{"t":"p","text":"The State has elected the option of continuous eligibility for a full 12 months for all children described in section 1396a(e)(12)\u202f","children":[{"t":"ref","text":"3"},{"t":"num","text":"3","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of this title under subchapter XIX under 19 years of age, as well as applying such policy under its State child health plan under this subchapter."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Liberalization of asset requirements"},{"t":"chapeau","text":"The State meets the requirement specified in either of the following clauses:"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/4/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Elimination of asset test"},{"t":"content","children":[{"t":"p","text":"The State does not apply any asset or resource test for eligibility for children under subchapter XIX or this subchapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/4/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Administrative verification of assets"},{"t":"chapeau","text":"The State\u2014"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/4/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" permits a parent or caretaker relative who is applying on behalf of a child for medical assistance under subchapter XIX or child health assistance under this subchapter to declare and certify by signature under penalty of perjury information relating to family assets for purposes of determining and redetermining financial eligibility; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/a/4/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" takes steps to verify assets through means other than by requiring documentation from parents and applicants except in individual cases of discrepancies or where otherwise justified.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/4/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Elimination of in-person interview requirement"},{"t":"content","children":[{"t":"p","text":"The State does not require an application of a child for medical assistance under subchapter XIX (or for child health assistance under this subchapter), including an application for renewal of such assistance, to be made in person nor does the State require a face-to-face interview, unless there are discrepancies or individual circumstances justifying an in-person application or face-to-face interview.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/4/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Use of joint application for Medicaid and CHIP"},{"t":"content","children":[{"t":"p","text":"The application form and supplemental forms (if any) and information verification process is the same for purposes of establishing and renewing eligibility for children for medical assistance under subchapter XIX and child health assistance under this subchapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/4/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Automatic renewal (use of administrative renewal)"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/4/E/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The State provides, in the case of renewal of a child\u2019s eligibility for medical assistance under subchapter XIX or child health assistance under this subchapter, a pre-printed form completed by the State based on the information available to the State and notice to the parent or caretaker relative of the child that eligibility of the child will be renewed and continued based on such information unless the State is provided other information. Nothing in this clause shall be construed as preventing a State from verifying, through electronic and other means, the information so provided.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/a/4/E/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Satisfaction through demonstrated use of ex parte process"},{"t":"content","children":[{"t":"p","text":"A State shall be treated as satisfying the requirement of clause (i) if renewal of eligibility of children under subchapter XIX or this subchapter is determined without any requirement for an in-person interview, unless sufficient information is not in the State\u2019s possession and cannot be acquired from other sources (including other State agencies) without the participation of the applicant or the applicant\u2019s parent or caretaker relative.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/4/F","children":[{"t":"num","text":"(F)"},{"t":"heading","text":"Presumptive eligibility for children"},{"t":"content","children":[{"t":"p","text":"The State is implementing ","children":[{"t":"ref","text":"section 1396r\u20131a of this title","href":"/us/usc/t42/s1396r\u20131a","tail":" under subchapter XIX as well as, pursuant to "},{"t":"ref","text":"section 1397gg(e)(1) of this title","href":"/us/usc/t42/s1397gg/e/1","tail":", under this subchapter."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/4/G","children":[{"t":"num","text":"(G)"},{"t":"heading","text":"Express Lane"},{"t":"content","children":[{"t":"p","text":"The State is implementing the option described in ","children":[{"t":"ref","text":"section 1396a(e)(13) of this title","href":"/us/usc/t42/s1396a/e/13","tail":" under subchapter XIX as well as, pursuant to "},{"t":"ref","text":"section 1397gg(e)(1) of this title","href":"/us/usc/t42/s1397gg/e/1","tail":", under this subchapter."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/a/4/H","children":[{"t":"num","text":"(H)"},{"t":"heading","text":"Premium assistance subsidies"},{"t":"content","children":[{"t":"p","text":"The State is implementing the option of providing premium assistance subsidies under subsection (c)(10) or ","children":[{"t":"ref","text":"section 1396e\u20131 of this title","href":"/us/usc/t42/s1396e\u20131","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1397ee/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Enhanced FMAP"},{"t":"content","children":[{"t":"p","text":"For purposes of subsection (a), the \u201cenhanced FMAP\u201d, for a State for a fiscal year, is equal to the Federal medical assistance percentage (as defined in the first sentence of ","children":[{"t":"ref","text":"section 1396d(b) of this title","href":"/us/usc/t42/s1396d/b","tail":") for the State increased by a number of percentage points equal to 30 percent of the number of percentage points by which (1) such Federal medical assistance percentage for the State, is less than (2) 100 percent; but in no case shall the enhanced FMAP for a State exceed 85 percent. Notwithstanding the preceding sentence, during the period that begins on "},{"t":"text","text":"October 1, 2015","tail":", and ends on "},{"t":"text","text":"September 30, 2019","tail":", the enhanced FMAP determined for a State for a fiscal year (or for any portion of a fiscal year occurring during such period) shall be increased by 23 percentage points, and during the period that begins on "},{"t":"text","text":"October 1, 2019","tail":", and ends on "},{"t":"text","text":"September 30, 2020","tail":", the enhanced FMAP determined for a State for a fiscal year (or for any portion of a fiscal year occurring during such period) shall be increased by 11.5 percentage points but in no case shall exceed 100 percent. The increase in the enhanced FMAP under the preceding sentence shall not apply with respect to determining the payment to a State under subsection (a)(1) for expenditures described in subparagraph (D)(iv), paragraphs (8), (9), (11) of subsection (c), or clause (4) of the first sentence of "},{"t":"ref","text":"section 1396d(b) of this title","href":"/us/usc/t42/s1396d/b","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1397ee/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Limitation on certain payments for certain expenditures"},{"t":"para","id":"/us/usc/t42/s1397ee/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"General limitations"},{"t":"content","children":[{"t":"p","text":"Funds provided to a State under this subchapter shall only be used to carry out the purposes of this subchapter (as described in ","children":[{"t":"ref","text":"section 1397aa of this title","href":"/us/usc/t42/s1397aa","tail":") or to carry out the rural health transformation program established in subsection (h) and, except in the case of amounts made available under subsection (h), may not include coverage of a nonpregnant childless adult, and any health insurance coverage provided with such funds may include coverage of abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. For purposes of the preceding sentence, a caretaker relative (as such term is defined for purposes of carrying out "},{"t":"ref","text":"section 1396u\u20131 of this title","href":"/us/usc/t42/s1396u\u20131","tail":") shall not be considered a childless adult."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Limitation on expenditures not used for medicaid or health insurance assistance"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Except as provided in this paragraph, the amount of payment that may be made under subsection (a) for a fiscal year for expenditures for items described in paragraph (1)(D) of such subsection shall not exceed 10 percent of the total amount of expenditures for which payment is made under subparagraphs (A), (C), and (D) of paragraph (1) of such subsection.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Waiver authorized for cost-effective alternative"},{"t":"chapeau","text":"The limitation under subparagraph (A) on expenditures for items described in subsection (a)(1)(D) shall not apply to the extent that a State establishes to the satisfaction of the Secretary that\u2014"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" coverage provided to targeted low-income children through such expenditures meets the requirements of ","children":[{"t":"ref","text":"section 1397cc of this title","href":"/us/usc/t42/s1397cc","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the cost of such coverage is not greater, on an average per child basis, than the cost of coverage that would otherwise be provided under ","children":[{"t":"ref","text":"section 1397cc of this title","href":"/us/usc/t42/s1397cc","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/2/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" such coverage is provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under ","children":[{"t":"ref","text":"section 254b of this title","href":"/us/usc/t42/s254b","tail":" or with hospitals such as those that receive disproportionate share payment adjustments under section 1395ww(d)(5)(F) or 1396r\u20134 of this title."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Nonapplication to certain expenditures"},{"t":"chapeau","text":"The limitation under subparagraph (A) shall not apply with respect to the following expenditures:"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/2/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Expenditures to increase outreach to, and the enrollment of, Indian children under this subchapter and subchapter XIX"},{"t":"content","children":[{"t":"p","text":"Expenditures for outreach activities to families of Indian children likely to be eligible for child health assistance under the plan or medical assistance under the State plan under subchapter XIX (or under a waiver of such plan), to inform such families of the availability of, and to assist them in enrolling their children in, such plans, including such activities conducted under grants, contracts, or agreements entered into under ","children":[{"t":"ref","text":"section 1320b\u20139(a) of this title","href":"/us/usc/t42/s1320b\u20139/a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/2/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Expenditures to comply with citizenship or nationality verification requirements"},{"t":"content","children":[{"t":"p","text":"Expenditures necessary for the State to comply with paragraph (9)(A).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/2/C/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Expenditures for outreach to increase the enrollment of children under this subchapter and subchapter XIX through premium assistance subsidies"},{"t":"content","children":[{"t":"p","text":"Expenditures for outreach activities to families of children likely to be eligible for premium assistance subsidies in accordance with paragraph (2)(B), (3), or (10), or a waiver approved under ","children":[{"t":"ref","text":"section 1315 of this title","href":"/us/usc/t42/s1315","tail":", to inform such families of the availability of, and to assist them in enrolling their children in, such subsidies, and to employers likely to provide qualified employer-sponsored coverage (as defined in subparagraph (B) of such paragraph\u202f"},{"t":"ref","text":"4"},{"t":"num","text":"4","tail":"\u202fSo in original. Probably means subpar. (B) of par. (10)."},{"t":"text","text":"\u202fSo in original. Probably means subpar. (B) of par. (10).","tail":"), but not to exceed an amount equal to 1.25 percent of the maximum amount permitted to be expended under subparagraph (A) for items described in subsection (a)(1)(D)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/2/C/iv","children":[{"t":"num","text":"(iv)"},{"t":"heading","text":"Payment error rate measurement (PERM) expenditures"},{"t":"content","children":[{"t":"p","text":"Expenditures related to the administration of the payment error rate measurement (PERM) requirements applicable to the State child health plan in accordance with the\u202f","children":[{"t":"ref","text":"5"},{"t":"num","text":"5","tail":"\u202fSo in original. The word \u201cthe\u201d probably should not appear."},{"t":"text","text":"\u202fSo in original. The word \u201cthe\u201d probably should not appear.","tail":" subchapter IV of chapter 33 of title 31 and parts 431 and 457 of title 42, Code of Federal Regulations (or any related or successor guidance or regulations)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Waiver for purchase of family coverage"},{"t":"chapeau","text":"Payment may be made to a State under subsection (a)(1) for the purchase of family coverage under a group health plan or health insurance coverage that includes coverage of targeted low-income children only if the State establishes to the satisfaction of the Secretary that\u2014"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" purchase of such coverage is cost-effective relative to\u2014"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the amount of expenditures under the State child health plan, including administrative expenditures, that the State would have made to provide comparable coverage of the targeted low-income child involved or the family involved (as applicable); or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the aggregate amount of expenditures that the State would have made under the State child health plan, including administrative expenditures, for providing coverage under such plan for all such children or families; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" such coverage shall not be provided if it would otherwise substitute for health insurance coverage that would be provided to such children but for the purchase of family coverage.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/c/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Use of non-Federal funds for State matching requirement"},{"t":"content","children":[{"t":"p","text":"Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of non-Federal contributions required under subsection (a).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/c/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Offset of receipts attributable to premiums and other cost-sharing"},{"t":"content","children":[{"t":"p","text":"For purposes of subsection (a), the amount of the expenditures under the plan shall be reduced by the amount of any premiums and other cost-sharing received by the State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/c/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Prevention of duplicative payments"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/6/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Other health plans"},{"t":"content","children":[{"t":"p","text":"No payment shall be made to a State under this section for expenditures for child health assistance provided for a targeted low-income child under its plan to the extent that a private insurer (as defined by the Secretary by regulation and including a group health plan (as defined in ","children":[{"t":"ref","text":"section 1167(1) of title 29","href":"/us/usc/t29/s1167/1","tail":"), a service benefit plan, and a health maintenance organization) would have been obligated to provide such assistance but for a provision of its insurance contract which has the effect of limiting or excluding such obligation because the individual is eligible for or is provided child health assistance under the plan."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/6/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Other Federal governmental programs"},{"t":"content","children":[{"t":"p","text":"Except as provided in subparagraph (A) or (B) of subsection (a)(1) or any other provision of law, no payment shall be made to a State under this section for expenditures for child health assistance provided for a targeted low-income child under its plan to the extent that payment has been made or can reasonably be expected to be made promptly (as determined in accordance with regulations) under any other federally operated or financed health care insurance program, other than an insurance program operated or financed by the Indian Health Service, as identified by the Secretary. For purposes of this paragraph, rules similar to the rules for overpayments under ","children":[{"t":"ref","text":"section 1396b(d)(2) of this title","href":"/us/usc/t42/s1396b/d/2","tail":" shall apply."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/c/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Limitation on payment for abortions"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/7/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Payment shall not be made to a State under this section for any amount expended under the State plan to pay for any abortion or to assist in the purchase, in whole or in part, of health benefit coverage that includes coverage of abortion.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/7/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exception"},{"t":"content","children":[{"t":"p","text":"Subparagraph (A) shall not apply to an abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/7/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Rule of construction"},{"t":"content","children":[{"t":"p","text":"Nothing in this section shall be construed as affecting the expenditure by a State, locality, or private person or entity of State, local, or private funds (other than funds expended under the State plan) for any abortion or for health benefits coverage that includes coverage of abortion.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/c/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Limitation on matching rate for expenditures for child health assistance provided to children whose effective family income exceeds 300 percent of the poverty line"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/8/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"FMAP applied to expenditures"},{"t":"content","children":[{"t":"p","text":"Except as provided in subparagraph (B), for fiscal years beginning with fiscal year 2009, the Federal medical assistance percentage (as determined under ","children":[{"t":"ref","text":"section 1396d(b) of this title","href":"/us/usc/t42/s1396d/b","tail":" without regard to clause (4) of such section) shall be substituted for the enhanced FMAP under subsection (a)(1) with respect to any expenditures for providing child health assistance or health benefits coverage for a targeted low-income child whose effective family income would exceed 300 percent of the poverty line but for the application of a general exclusion of a block of income that is not determined by type of expense or type of income."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/8/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exception"},{"t":"content","children":[{"t":"p","text":"Subparagraph (A) shall not apply to any State that, on ","children":[{"t":"text","text":"February 4, 2009","tail":", has an approved State plan amendment or waiver to provide, or has enacted a State law to submit a State plan amendment to provide, expenditures described in such subparagraph under the State child health plan."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/c/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Citizenship documentation requirements"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/9/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"No payment may be made under this section with respect to an individual who has, or is, declared to be a citizen or national of the United States for purposes of establishing eligibility under this subchapter unless the State meets the requirements of ","children":[{"t":"ref","text":"section 1396a(a)(46)(B) of this title","href":"/us/usc/t42/s1396a/a/46/B","tail":" with respect to the individual."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/9/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Enhanced payments"},{"t":"content","children":[{"t":"p","text":"Notwithstanding subsection (b), the enhanced FMAP with respect to payments under subsection (a) for expenditures described in clause (i) or (ii) of ","children":[{"t":"ref","text":"section 1396b(a)(3)(G) of this title","href":"/us/usc/t42/s1396b/a/3/G","tail":" necessary to comply with subparagraph (A) shall in no event be less than 90 percent and 75 percent, respectively."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/c/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"State option to offer premium assistance"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"A State may elect to offer a premium assistance subsidy (as defined in subparagraph (C)) for qualified employer-sponsored coverage (as defined in subparagraph (B)) to all targeted low-income children who are eligible for child health assistance under the plan and have access to such coverage in accordance with the requirements of this paragraph if the offering of such a subsidy is cost-effective, as defined for purposes of paragraph (3)(A). No subsidy shall be provided to a targeted low-income child under this paragraph unless the child (or the child\u2019s parent) voluntarily elects to receive such a subsidy. A State may not require such an election as a condition of receipt of child health assistance.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Qualified employer-sponsored coverage"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Subject to clause (ii), in this paragraph, the term \u201cqualified employer-sponsored coverage\u201d means a group health plan or health insurance coverage offered through an employer\u2014"},{"t":"subclause","id":"/us/usc/t42/s1397ee/c/10/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" that qualifies as creditable coverage as a group health plan under section 2701(c)(1) of the Public Health Service Act;\u202f","children":[{"t":"text","text":"3"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/c/10/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" for which the employer contribution toward any premium for such coverage is at least 40 percent; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/c/10/B/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" that is offered to all individuals in a manner that would be considered a nondiscriminatory eligibility classification for purposes of paragraph (3)(A)(ii) of section 105(h) of the Internal Revenue Code of 1986 (but determined without regard to clause (i) of subparagraph (B) of such paragraph).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Exception"},{"t":"chapeau","text":"Such term does not include coverage consisting of\u2014"},{"t":"subclause","id":"/us/usc/t42/s1397ee/c/10/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" benefits provided under a health flexible spending arrangement (as defined in section 106(c)(2) of the Internal Revenue Code of 1986); or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/c/10/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" a high deductible health plan (as defined in section 223(c)(2) of such Code), without regard to whether the plan is purchased in conjunction with a health savings account (as defined under section 223(d) of such Code).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Premium assistance subsidy"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"In this paragraph, the term \u201cpremium assistance subsidy\u201d means, with respect to a targeted low-income child, the amount equal to the difference between the employee contribution required for enrollment only of the employee under qualified employer-sponsored coverage and the employee contribution required for enrollment of the employee and the child in such coverage, less any applicable premium cost-sharing applied under the State child health plan (subject to the limitations imposed under ","children":[{"t":"ref","text":"section 1397cc(e) of this title","href":"/us/usc/t42/s1397cc/e","tail":", including the requirement to count the total amount of the employee contribution required for enrollment of the employee and the child in such coverage toward the annual aggregate cost-sharing limit applied under paragraph (3)(B) of such section)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"State payment option"},{"t":"content","children":[{"t":"p","text":"A State may provide a premium assistance subsidy either as reimbursement to an employee for out-of-pocket expenditures or, subject to clause (iii), directly to the employee\u2019s employer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/C/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Employer opt-out"},{"t":"content","children":[{"t":"p","text":"An employer may notify a State that it elects to opt-out of being directly paid a premium assistance subsidy on behalf of an employee. In the event of such a notification, an employer shall withhold the total amount of the employee contribution required for enrollment of the employee and the child in the qualified employer-sponsored coverage and the State shall pay the premium assistance subsidy directly to the employee.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/C/iv","children":[{"t":"num","text":"(iv)"},{"t":"heading","text":"Treatment as child health assistance"},{"t":"content","children":[{"t":"p","text":"Expenditures for the provision of premium assistance subsidies shall be considered child health assistance described in paragraph (1)(C) of subsection (a) for purposes of making payments under that subsection.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Application of secondary payor rules"},{"t":"content","children":[{"t":"p","text":"The State shall be a secondary payor for any items or services provided under the qualified employer-sponsored coverage for which the State provides child health assistance under the State child health plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Requirement to provide supplemental coverage for benefits and cost-sharing protection provided under the State child health plan"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/E/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Notwithstanding ","children":[{"t":"ref","text":"section 1397jj(b)(1)(C) of this title","href":"/us/usc/t42/s1397jj/b/1/C","tail":", the State shall provide for each targeted low-income child enrolled in qualified employer-sponsored coverage, supplemental coverage consisting of\u2014"}]},{"t":"subclause","id":"/us/usc/t42/s1397ee/c/10/E/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" items or services that are not covered, or are only partially covered, under the qualified employer-sponsored coverage; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/c/10/E/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" cost-sharing protection consistent with ","children":[{"t":"ref","text":"section 1397cc(e) of this title","href":"/us/usc/t42/s1397cc/e","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/E/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Record keeping requirements"},{"t":"content","children":[{"t":"p","text":"For purposes of carrying out clause (i), a State may elect to directly pay out-of-pocket expenditures for cost-sharing imposed under the qualified employer-sponsored coverage and collect or not collect all or any portion of such expenditures from the parent of the child.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/F","children":[{"t":"num","text":"(F)"},{"t":"heading","text":"Application of waiting period imposed under the State"},{"t":"content","children":[{"t":"p","text":"Any waiting period imposed under the State child health plan prior to the provision of child health assistance to a targeted low-income child under the State plan shall apply to the same extent to the provision of a premium assistance subsidy for the child under this paragraph.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/G","children":[{"t":"num","text":"(G)"},{"t":"heading","text":"Opt-out permitted for any month"},{"t":"content","children":[{"t":"p","text":"A State shall establish a process for permitting the parent of a targeted low-income child receiving a premium assistance subsidy to disenroll the child from the qualified employer-sponsored coverage and enroll the child in, and receive child health assistance under, the State child health plan, effective on the first day of any month for which the child is eligible for such assistance and in a manner that ensures continuity of coverage for the child.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/H","children":[{"t":"num","text":"(H)"},{"t":"heading","text":"Application to parents"},{"t":"chapeau","text":"If a State provides child health assistance or health benefits coverage to parents of a targeted low-income child in accordance with ","children":[{"t":"ref","text":"section 1397kk(b) of this title","href":"/us/usc/t42/s1397kk/b","tail":", the State may elect to offer a premium assistance subsidy to a parent of a targeted low-income child who is eligible for such a subsidy under this paragraph in the same manner as the State offers such a subsidy for the enrollment of the child in qualified employer-sponsored coverage, except that\u2014"}]},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/H/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the amount of the premium assistance subsidy shall be increased to take into account the cost of the enrollment of the parent in the qualified employer-sponsored coverage or, at the option of the State if the State determines it cost-effective, the cost of the enrollment of the child\u2019s family in such coverage; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/H/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" any reference in this paragraph to a child is deemed to include a reference to the parent or, if applicable under clause (i), the family of the child.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/I","children":[{"t":"num","text":"(I)"},{"t":"heading","text":"Additional State option for providing premium assistance"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/I/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"A State may establish an employer-family premium assistance purchasing pool for employers with less than 250 employees who have at least 1 employee who is a pregnant woman eligible for assistance under the State child health plan (including through the application of an option described in section 1397","children":[{"t":"text","text":"ll","tail":"(f) of this title) or a member of a family with at least 1 targeted low-income child and to provide a premium assistance subsidy under this paragraph for enrollment in coverage made available through such pool."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/I/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Access to choice of coverage"},{"t":"content","children":[{"t":"p","text":"A State that elects the option under clause (i) shall identify and offer access to not less than 2 private health plans that are health benefits coverage that is equivalent to the benefits coverage in a benchmark benefit package described in ","children":[{"t":"ref","text":"section 1397cc(b) of this title","href":"/us/usc/t42/s1397cc/b","tail":" or benchmark-equivalent coverage that meets the requirements of "},{"t":"ref","text":"section 1397cc(a)(2) of this title","href":"/us/usc/t42/s1397cc/a/2","tail":" for employees described in clause (i)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/I/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Clarification of payment for administrative expenditures"},{"t":"content","children":[{"t":"p","text":"Nothing in this subparagraph shall be construed as permitting payment under this section for administrative expenditures attributable to the establishment or operation of such pool, except to the extent that such payment would otherwise be permitted under this subchapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/J","children":[{"t":"num","text":"(J)"},{"t":"heading","text":"No effect on premium assistance waiver programs"},{"t":"content","children":[{"t":"p","text":"Nothing in this paragraph shall be construed as limiting the authority of a State to offer premium assistance under section 1396e or 1396e\u20131 of this title, a waiver described in paragraph (2)(B) or (3), a waiver approved under ","children":[{"t":"ref","text":"section 1315 of this title","href":"/us/usc/t42/s1315","tail":", or other authority in effect prior to "},{"t":"text","text":"February 4, 2009","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/K","children":[{"t":"num","text":"(K)"},{"t":"heading","text":"Notice of availability"},{"t":"chapeau","text":"If a State elects to provide premium assistance subsidies in accordance with this paragraph, the State shall\u2014"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/K/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" include on any application or enrollment form for child health assistance a notice of the availability of premium assistance subsidies for the enrollment of targeted low-income children in qualified employer-sponsored coverage;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/K/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" provide, as part of the application and enrollment process under the State child health plan, information describing the availability of such subsidies and how to elect to obtain such a subsidy; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/c/10/K/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" establish such other procedures as the State determines necessary to ensure that parents are fully informed of the choices for receiving child health assistance under the State child health plan or through the receipt of premium assistance subsidies.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/L","children":[{"t":"num","text":"(L)"},{"t":"heading","text":"Application to qualified employer-sponsored benchmark coverage"},{"t":"content","children":[{"t":"p","text":"If a group health plan or health insurance coverage offered through an employer is certified by an actuary as health benefits coverage that is equivalent to the benefits coverage in a benchmark benefit package described in ","children":[{"t":"ref","text":"section 1397cc(b) of this title","href":"/us/usc/t42/s1397cc/b","tail":" or benchmark-equivalent coverage that meets the requirements of "},{"t":"ref","text":"section 1397cc(a)(2) of this title","href":"/us/usc/t42/s1397cc/a/2","tail":", the State may provide premium assistance subsidies for enrollment of targeted low-income children in such group health plan or health insurance coverage in the same manner as such subsidies are provided under this paragraph for enrollment in qualified employer-sponsored coverage, but without regard to the requirement to provide supplemental coverage for benefits and cost-sharing protection provided under the State child health plan under subparagraph (E)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/c/10/M","children":[{"t":"num","text":"(M)"},{"t":"heading","text":"Coordination with medicaid"},{"t":"content","children":[{"t":"p","text":"In the case of a targeted low-income child who receives child health assistance through a State plan under subchapter XIX and who voluntarily elects to receive a premium assistance subsidy under this section, the provisions of ","children":[{"t":"ref","text":"section 1396e\u20131 of this title","href":"/us/usc/t42/s1396e\u20131","tail":" shall apply and shall supersede any other provisions of this paragraph that are inconsistent with such section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/c/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Enhanced payments"},{"t":"content","children":[{"t":"p","text":"Notwithstanding subsection (b), the enhanced FMAP with respect to payments under subsection (a) for expenditures related to the administration of the payment error rate measurement (PERM) requirements applicable to the State child health plan in accordance with the\u202f","children":[{"t":"text","text":"5","tail":" subchapter IV of chapter 33 of title 31 and parts 431 and 457 of title 42, Code of Federal Regulations (or any related or successor guidance or regulations) shall in no event be less than 90 percent."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/c/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Temporary enhanced payment for coverage and administration of COVID\u201319 vaccines"},{"t":"content","children":[{"t":"p","text":"During the period described in ","children":[{"t":"ref","text":"section 1396d(hh)(2) of this title","href":"/us/usc/t42/s1396d/hh/2","tail":", notwithstanding subsection (b), the enhanced FMAP for a State, with respect to payments under subsection (a) for expenditures under the State child health plan (or a waiver of such plan) for a vaccine described in "},{"t":"ref","text":"section 1396d(a)(4)(E) of this title","href":"/us/usc/t42/s1396d/a/4/E","tail":" (and the administration of such a vaccine), shall be equal to 100 percent."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1397ee/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Maintenance of effort"},{"t":"para","id":"/us/usc/t42/s1397ee/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In medicaid eligibility standards"},{"t":"content","children":[{"t":"p","text":"No payment may be made under subsection (a) with respect to child health assistance provided under a State child health plan if the State adopts income and resource standards and methodologies for purposes of determining a child\u2019s eligibility for medical assistance under the State plan under subchapter XIX that are more restrictive than those applied as of ","children":[{"t":"text","text":"June 1, 1997","tail":", except as required under "},{"t":"ref","text":"section 1396a(e)(14) of this title","href":"/us/usc/t42/s1396a/e/14","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"In amounts of payment expended for certain State-funded health insurance programs for children"},{"t":"subpara","id":"/us/usc/t42/s1397ee/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The amount of the allotment for a State in a fiscal year (beginning with fiscal year 1999) shall be reduced by the amount by which\u2014"},{"t":"clause","id":"/us/usc/t42/s1397ee/d/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the total of the State children\u2019s health insurance expenditures in the preceding fiscal year, is less than","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/d/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the total of such expenditures in fiscal year 1996.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"State children\u2019s health insurance expenditures"},{"t":"chapeau","text":"The term \u201cState children\u2019s health insurance expenditures\u201d means the following:"},{"t":"clause","id":"/us/usc/t42/s1397ee/d/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" The State share of expenditures under this subchapter.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/d/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" The State share of expenditures under subchapter XIX that are attributable to an enhanced FMAP under the fourth sentence of ","children":[{"t":"ref","text":"section 1396d(b) of this title","href":"/us/usc/t42/s1396d/b","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/d/2/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" State expenditures under health benefits coverage under an existing comprehensive State-based program, described in ","children":[{"t":"ref","text":"section 1397cc(d) of this title","href":"/us/usc/t42/s1397cc/d","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Continuation of eligibility standards for children through September 30, 2029"},{"t":"subpara","id":"/us/usc/t42/s1397ee/d/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"During the period that begins on ","children":[{"t":"text","text":"March 23, 2010","tail":", and ends on "},{"t":"text","text":"September 30, 2029","tail":", as a condition of receiving payments under "},{"t":"ref","text":"section 1396b(a) of this title","href":"/us/usc/t42/s1396b/a","tail":", a State shall not have in effect eligibility standards, methodologies, or procedures under its State child health plan (including any waiver under such plan) for children (including children provided medical assistance for which payment is made under "},{"t":"ref","text":"section 1397ee(a)(1)(A) of this title","href":"/us/usc/t42/s1397ee/a/1/A","tail":") that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on "},{"t":"text","text":"March 23, 2010","tail":". During the period that begins on "},{"t":"text","text":"October 1, 2019","tail":", and ends on "},{"t":"text","text":"September 30, 2029","tail":", the preceding sentence shall only apply with respect to children in families whose income does not exceed 300 percent of the poverty line (as defined in "},{"t":"ref","text":"section 1397jj(c)(5) of this title","href":"/us/usc/t42/s1397jj/c/5","tail":") applicable to a family of the size involved. The preceding sentences shall not be construed as preventing a State during any such periods from\u2014"}]},{"t":"clause","id":"/us/usc/t42/s1397ee/d/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" applying eligibility standards, methodologies, or procedures for children under the State child health plan or under any waiver of the plan that are less restrictive than the eligibility standards, methodologies, or procedures, respectively, for children under the plan or waiver that are in effect on ","children":[{"t":"text","text":"March 23, 2010","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/d/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" after ","children":[{"t":"text","text":"September 30, 2015","tail":", enrolling children eligible to be targeted low-income children under the State child health plan in a qualified health plan that has been certified by the Secretary under subparagraph (C); or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/d/3/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" imposing a limitation described in section 1397","children":[{"t":"text","text":"ll","tail":"(b)(7) of this title for a fiscal year in order to limit expenditures under the State child health plan to those for which Federal financial participation is available under this section for the fiscal year."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/d/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Assurance of exchange coverage for targeted low-income children unable to be provided child health assistance as a result of funding shortfalls"},{"t":"content","children":[{"t":"p","text":"In the event that allotments provided under ","children":[{"t":"ref","text":"section 1397dd of this title","href":"/us/usc/t42/s1397dd","tail":" are insufficient to provide coverage to all children who are eligible to be targeted low-income children under the State child health plan under this subchapter, a State shall establish procedures to ensure that such children are screened for eligibility for medical assistance under the State plan under subchapter XIX or a waiver of that plan and, if found eligible, enrolled in such plan or a waiver. In the case of such children who, as a result of such screening, are determined to not be eligible for medical assistance under the State plan or a waiver under subchapter XIX, the State shall establish procedures to ensure that the children are enrolled in a qualified health plan that has been certified by the Secretary under subparagraph (C) and is offered through an Exchange established by the State under "},{"t":"ref","text":"section 18031 of this title","href":"/us/usc/t42/s18031","tail":". For purposes of eligibility for premium assistance for the purchase of a qualified health plan under section 36B of the Internal Revenue Code of 1986 and reduced cost-sharing under "},{"t":"ref","text":"section 18071 of this title","href":"/us/usc/t42/s18071","tail":", children described in the preceding sentence shall be deemed to be ineligible for coverage under the State child health plan."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/d/3/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Certification of comparability of pediatric coverage offered by qualified health plans"},{"t":"content","children":[{"t":"p","text":"With respect to each State, the Secretary, not later than ","children":[{"t":"text","text":"April 1, 2015","tail":", shall review the benefits offered for children and the cost-sharing imposed with respect to such benefits by qualified health plans offered through an Exchange established by the State under "},{"t":"ref","text":"section 18031 of this title","href":"/us/usc/t42/s18031","tail":" and shall certify those plans that offer benefits for children and impose cost-sharing with respect to such benefits that the Secretary determines are at least comparable to the benefits offered and cost-sharing protections provided under the State child health plan."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1397ee/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Advance payment; retrospective adjustment"},{"t":"content","children":[{"t":"p","text":"The Secretary may make payments under this section for each quarter on the basis of advance estimates of expenditures submitted by the State and such other investigation as the Secretary may find necessary, and may reduce or increase the payments as necessary to adjust for any overpayment or underpayment for prior quarters.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1397ee/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Flexibility in submittal of claims"},{"t":"content","children":[{"t":"p","text":"Nothing in this section or subsections (e) and (f) of ","children":[{"t":"ref","text":"section 1397dd of this title","href":"/us/usc/t42/s1397dd","tail":" shall be construed as preventing a State from claiming as expenditures in the quarter expenditures that were incurred in a previous quarter."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1397ee/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Authority for qualifying States to use certain funds for medicaid expenditures"},{"t":"para","id":"/us/usc/t42/s1397ee/g/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"State option"},{"t":"subpara","id":"/us/usc/t42/s1397ee/g/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Notwithstanding any other provision of law, subject to paragraph (4), a qualifying State (as defined in paragraph (2)) may elect to use not more than 20 percent of any allotment under ","children":[{"t":"ref","text":"section 1397dd of this title","href":"/us/usc/t42/s1397dd","tail":" for fiscal year 1998, 1999, 2000, 2001, 2004, 2005, 2006, 2007, or 2008 (insofar as it is available under subsections (e) and (g) of such section) for payments under subchapter XIX in accordance with subparagraph (B), instead of for expenditures under this subchapter."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/g/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Payments to States"},{"t":"clause","id":"/us/usc/t42/s1397ee/g/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"In the case of a qualifying State that has elected the option described in subparagraph (A), subject to the availability of funds under such subparagraph with respect to the State, the Secretary shall pay the State an amount each quarter equal to the additional amount that would have been paid to the State under subchapter XIX with respect to expenditures described in clause (ii) if the enhanced FMAP (as determined under subsection (b)) had been substituted for the Federal medical assistance percentage (as defined in ","children":[{"t":"ref","text":"section 1396d(b) of this title","href":"/us/usc/t42/s1396d/b","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/g/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Expenditures described"},{"t":"content","children":[{"t":"p","text":"For purposes of this subparagraph, the expenditures described in this clause are expenditures, made after ","children":[{"t":"text","text":"August 15, 2003","tail":", and during the period in which funds are available to the qualifying State for use under subparagraph (A), for medical assistance under subchapter XIX to individuals who have not attained age 19 and whose family income exceeds 150 percent of the poverty line."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/g/1/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"No impact on determination of budget neutrality for waivers"},{"t":"content","children":[{"t":"p","text":"In the case of a qualifying State that uses amounts paid under this subsection for expenditures described in clause (ii) that are incurred under a waiver approved for the State, any budget neutrality determinations with respect to such waiver shall be determined without regard to such amounts paid.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/g/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Qualifying State"},{"t":"content","children":[{"t":"p","text":"In this subsection, the term \u201cqualifying State\u201d means a State that, on and after ","children":[{"t":"text","text":"April 15, 1997","tail":", has an income eligibility standard that is at least 184 percent of the poverty line with respect to any 1 or more categories of children (other than infants) who are eligible for medical assistance under "},{"t":"ref","text":"section 1396a(a)(10)(A) of this title","href":"/us/usc/t42/s1396a/a/10/A","tail":" or, in the case of a State that has a statewide waiver in effect under "},{"t":"ref","text":"section 1315 of this title","href":"/us/usc/t42/s1315","tail":" with respect to subchapter XIX that was first implemented on "},{"t":"text","text":"August 1, 1994","tail":", or "},{"t":"text","text":"July 1, 1995","tail":", has an income eligibility standard under such waiver for children that is at least 185 percent of the poverty line, or, in the case of a State that has a statewide waiver in effect under "},{"t":"ref","text":"section 1315 of this title","href":"/us/usc/t42/s1315","tail":" with respect to subchapter XIX that was first implemented on "},{"t":"text","text":"January 1, 1994","tail":", has an income eligibility standard under such waiver for children who lack health insurance that is at least 185 percent of the poverty line, or, in the case of a State that had a statewide waiver in effect under "},{"t":"ref","text":"section 1315 of this title","href":"/us/usc/t42/s1315","tail":" with respect to subchapter XIX that was first implemented on "},{"t":"text","text":"October 1, 1993","tail":", had an income eligibility standard under such waiver for children that was at least 185 percent of the poverty line and on and after "},{"t":"text","text":"July 1, 1998","tail":", has an income eligibility standard for children under "},{"t":"ref","text":"section 1396a(a)(10)(A) of this title","href":"/us/usc/t42/s1396a/a/10/A","tail":" or a statewide waiver in effect under "},{"t":"ref","text":"section 1315 of this title","href":"/us/usc/t42/s1315","tail":" with respect to subchapter XIX that is at least 185 percent of the poverty line."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/g/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Construction"},{"t":"content","children":[{"t":"p","text":"Nothing in paragraphs (1) and (2) shall be construed as modifying the requirements applicable to States implementing State child health plans under this subchapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/g/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Option for allotments for fiscal years 2009 through 2029"},{"t":"subpara","id":"/us/usc/t42/s1397ee/g/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Payment of enhanced portion of matching rate for certain expenditures"},{"t":"content","children":[{"t":"p","text":"In the case of expenditures described in subparagraph (B), a qualifying State (as defined in paragraph (2)) may elect to be paid from the State\u2019s allotment made under ","children":[{"t":"ref","text":"section 1397dd of this title","href":"/us/usc/t42/s1397dd","tail":" for any of fiscal years 2009 through 2029 (insofar as the allotment is available to the State under subsections (e) and (m) of such section) an amount each quarter equal to the additional amount that would have been paid to the State under subchapter XIX with respect to such expenditures if the enhanced FMAP (as determined under subsection (b)) had been substituted for the Federal medical assistance percentage (as defined in "},{"t":"ref","text":"section 1396d(b) of this title","href":"/us/usc/t42/s1396d/b","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/g/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Expenditures described"},{"t":"content","children":[{"t":"p","text":"For purposes of subparagraph (A), the expenditures described in this subparagraph are expenditures made after ","children":[{"t":"text","text":"February 4, 2009","tail":", and during the period in which funds are available to the qualifying State for use under subparagraph (A), for the provision of medical assistance to individuals residing in the State who are eligible for medical assistance under the State plan under subchapter XIX or under a waiver of such plan and who have not attained age 19 (or, if a State has so elected under the State plan under subchapter XIX, age 20 or 21), and whose family income equals or exceeds 133 percent of the poverty line but does not exceed the Medicaid applicable income level."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1397ee/h","children":[{"t":"num","text":"(h)"},{"t":"heading","text":"Rural health transformation program"},{"t":"para","id":"/us/usc/t42/s1397ee/h/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Appropriation"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"There are appropriated, out of any money in the Treasury not otherwise appropriated, to the Administrator of the Centers for Medicare & Medicaid Services (in this subsection referred to as the \u201cAdministrator\u201d), to provide allotments to States for purposes of carrying out the activities described in paragraph (6)\u2014"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" $10,000,000,000 for fiscal year 2026;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" $10,000,000,000 for fiscal year 2027;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/1/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" $10,000,000,000 for fiscal year 2028;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/1/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" $10,000,000,000 for fiscal year 2029; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/1/A/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" $10,000,000,000 for fiscal year 2030.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Unexpended or unobligated funds"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Any amounts appropriated under subparagraph (A) that are unexpended or unobligated as of ","children":[{"t":"text","text":"October 1, 2032","tail":", shall be returned to the Treasury of the United States."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Redistribution of unexpended or unobligated funds"},{"t":"content","children":[{"t":"p","text":"In carrying out subparagraph (A), the Administrator shall, not later than ","children":[{"t":"text","text":"March 31, 2028","tail":", and annually thereafter through "},{"t":"text","text":"March 31, 2032","tail":", determine the amount of funds, if any, that are available under such subparagraph for a previous fiscal year, are unexpended or unobligated with respect to such fiscal year, and will not be available to a State in the current fiscal year, pursuant to clause (iii)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/1/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Availability of funds"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/1/B/iii/I","children":[{"t":"num","text":"(I)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Amounts allotted to a State under this subsection for a year shall be available for expenditure by the State through the end of the fiscal year following the fiscal year in which such amounts are allotted.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/1/B/iii/II","children":[{"t":"num","text":"(II)"},{"t":"heading","text":"Availability of amounts redistributed"},{"t":"content","children":[{"t":"p","text":"Amounts redistributed to a State under clause (ii) with respect to a fiscal year shall be available for expenditure by the State through the end of the fiscal year following the fiscal year in which such amounts are redistributed (except in the case of amounts redistributed in fiscal year 2032 which shall only be available for expenditure through ","children":[{"t":"text","text":"September 30, 2032","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/1/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"heading","text":"Misuse of funds"},{"t":"content","children":[{"t":"p","text":"If the Administrator determines that a State is not using amounts allotted or redistributed to the State under this subsection in a manner consistent with the description provided by the State in its application approved under paragraph (2), the Administrator may withhold payments to, or reduce payments to, or recover previous payments from, the State under this subsection as the Administrator deems appropriate, and any amounts so withheld, or that remain after any such reduction, or so recovered, shall be returned to the Treasury of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/h/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Application"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"To be eligible for an allotment under this subsection, a State shall submit to the Administrator during an application submission period to be specified by the Administrator (but that ends not later than ","children":[{"t":"text","text":"December 31, 2025","tail":") an application in such form and manner as the Administrator may specify, that includes\u2014"}]},{"t":"clause","id":"/us/usc/t42/s1397ee/h/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" a detailed rural health transformation plan\u2014"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/2/A/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" to improve access to hospitals, other health care providers, and health care items and services furnished to rural residents of the State;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/2/A/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" to improve health care outcomes of rural residents of the State;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/2/A/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" to prioritize the use of new and emerging technologies that emphasize prevention and chronic disease management;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/2/A/i/IV","children":[{"t":"num","text":"(IV)"},{"t":"content","text":" to initiate, foster, and strengthen local and regional strategic partnerships between rural hospitals and other health care providers in order to promote measurable quality improvement, increase financial stability, maximize economies of scale, and share best practices in care delivery;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/2/A/i/V","children":[{"t":"num","text":"(V)"},{"t":"content","text":" to enhance economic opportunity for, and the supply of, health care clinicians through enhanced recruitment and training;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/2/A/i/VI","children":[{"t":"num","text":"(VI)"},{"t":"content","text":" to prioritize data and technology driven solutions that help rural hospitals and other rural health care providers furnish high-quality health care services as close to a patient\u2019s home as is possible;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/2/A/i/VII","children":[{"t":"num","text":"(VII)"},{"t":"content","text":" that outlines strategies to manage long-term financial solvency and operating models of rural hospitals in the State; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/2/A/i/VIII","children":[{"t":"num","text":"(VIII)"},{"t":"content","text":" that identifies specific causes driving the accelerating rate of stand-alone rural hospitals becoming at risk of closure, conversion, or service reduction;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a certification that none of the amounts provided under this subsection shall be used by the State for an expenditure that is attributable to an intergovernmental transfer, certified public expenditure, or any other expenditure to finance the non-Federal share of expenditures required under any provision of law, including under the State plan established under this subchapter, the State plan established under subchapter XIX, or under a waiver of such plans; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/2/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" such other information as the Administrator may require.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Deadline for approval"},{"t":"content","children":[{"t":"p","text":"Not later than ","children":[{"t":"text","text":"December 31, 2025","tail":", the Administrator shall approve or deny all applications submitted for an allotment under this subsection."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"One-time application"},{"t":"content","children":[{"t":"p","text":"If an application of a State for an allotment under this subsection is approved by the Administrator, the State shall be eligible for an allotment under this subsection for each of fiscal years 2026 through 2030, except as provided in paragraph (1)(B)(iv).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/2/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Eligibility"},{"t":"content","children":[{"t":"p","text":"Only the 50 States shall be eligible for an allotment under this subsection and all references in this subsection to a State shall be treated as only referring to the 50 States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/h/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Allotments"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"For each of fiscal years 2026 through 2030, the Administrator shall determine under subparagraph (B) the amount of the allotment for such fiscal year for each State with an approved application under this subsection.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Amount determined"},{"t":"chapeau","text":"Subject to subparagraph (C), from the amounts appropriated under paragraph (1)(A) for each of fiscal years 2026 through 2030, the Administrator shall allot\u2014"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 50 percent of the amounts appropriated for each such fiscal year equally among all States with an approved application under this subsection; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 50 percent of the amounts appropriated for each such fiscal year among all such States in an amount to be determined by the Administrator in accordance with subparagraph (C).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/3/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Requirements"},{"t":"chapeau","text":"In determining the amount to be allotted to a State under clause (ii) of subparagraph (B) for a fiscal year, the Administrator shall\u2014"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" ensure that not less than \u00bc of the States with an approved application under this subsection for a fiscal year are allotted funds from amounts that are to be allotted under clause (ii) of such subparagraph; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" consider\u2014"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/3/C/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the percentage of the State population that is located in a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on ","children":[{"t":"text","text":"February 27, 1992","tail":" (57 Fed. Reg. 6725));"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/3/C/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" the proportion of rural health facilities (as defined in subparagraph (D)) in the State relative to the number of rural health facilities nationwide;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/3/C/ii/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" the situation of hospitals in the State, as described in ","children":[{"t":"ref","text":"section 1396a(a)(13)(A)(iv) of this title","href":"/us/usc/t42/s1396a/a/13/A/iv","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/3/C/ii/IV","children":[{"t":"num","text":"(IV)"},{"t":"content","text":" any other factors that the Administrator determines appropriate.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/3/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Rural health facility defined"},{"t":"chapeau","text":"For the purposes of subparagraph (C)(ii), the term \u201crural health facility\u201d means the following:"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" A subsection (d) hospital (as defined in paragraph (1)(B) of ","children":[{"t":"ref","text":"section 1395ww(d) of this title","href":"/us/usc/t42/s1395ww/d","tail":") that\u2014"}]},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/3/D/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" is located in a rural area (as defined in paragraph (2)(D) of such section\u202f","children":[{"t":"ref","text":"6"},{"t":"num","text":"6","tail":"\u202fSo in original. Probably should be \u201csubsection\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201csubsection\u201d.","tail":");"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/3/D/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" is treated as being located in a rural area pursuant to paragraph (8)(E) of such section\u202f","children":[{"t":"text","text":"6","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1397ee/h/3/D/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" is located in a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on ","children":[{"t":"text","text":"February 27, 1992","tail":" (57 Fed. Reg. 6725))."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" A critical access hospital (as defined in ","children":[{"t":"ref","text":"section 1395x(mm)(1) of this title","href":"/us/usc/t42/s1395x/mm/1","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" A sole community hospital (as defined in ","children":[{"t":"ref","text":"section 1395ww(d)(5)(D)(iii) of this title","href":"/us/usc/t42/s1395ww/d/5/D/iii","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" A Medicare-dependent, small rural hospital (as defined in ","children":[{"t":"ref","text":"section 1395ww(d)(5)(G)(iv) of this title","href":"/us/usc/t42/s1395ww/d/5/G/iv","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" A low-volume hospital (as defined in ","children":[{"t":"ref","text":"section 1395ww(d)(12)(C) of this title","href":"/us/usc/t42/s1395ww/d/12/C","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" A rural emergency hospital (as defined in ","children":[{"t":"ref","text":"section 1395x(kkk)(2) of this title","href":"/us/usc/t42/s1395x/kkk/2","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/vii","children":[{"t":"num","text":"(vii)"},{"t":"content","text":" A rural health clinic (as defined in ","children":[{"t":"ref","text":"section 1395x(aa)(2) of this title","href":"/us/usc/t42/s1395x/aa/2","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/viii","children":[{"t":"num","text":"(viii)"},{"t":"content","text":" A Federally qualified health center (as defined in ","children":[{"t":"ref","text":"section 1395x(aa)(4) of this title","href":"/us/usc/t42/s1395x/aa/4","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/ix","children":[{"t":"num","text":"(ix)"},{"t":"content","text":" A community mental health center (as defined in ","children":[{"t":"ref","text":"section 1395x(ff)(3)(B) of this title","href":"/us/usc/t42/s1395x/ff/3/B","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/x","children":[{"t":"num","text":"(x)"},{"t":"content","text":" A health center that is receiving a grant under ","children":[{"t":"ref","text":"section 254b of this title","href":"/us/usc/t42/s254b","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/xi","children":[{"t":"num","text":"(xi)"},{"t":"content","text":" An opioid treatment program (as defined in ","children":[{"t":"ref","text":"section 1395x(jjj)(2) of this title","href":"/us/usc/t42/s1395x/jjj/2","tail":") that is located in a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on "},{"t":"text","text":"February 27, 1992","tail":" (57 Fed. Reg. 6725))."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/3/D/xii","children":[{"t":"num","text":"(xii)"},{"t":"content","text":" A certified community behavioral health clinic (as defined in ","children":[{"t":"ref","text":"section 1396d(jj)(2) of this title","href":"/us/usc/t42/s1396d/jj/2","tail":") that is located in a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on "},{"t":"text","text":"February 27, 1992","tail":" (57 Fed. Reg. 6725))."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/h/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"No matching payment"},{"t":"content","children":[{"t":"p","text":"A State approved for an allotment under this subsection for a fiscal year shall not be required to provide any matching funds as a condition for receiving payments from the allotment.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/h/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Terms and conditions"},{"t":"chapeau","text":"The Administrator shall specify such terms and conditions for allotments to States provided under this subsection as the Administrator deems appropriate, including the following:"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/5/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" Each State shall submit to the Administrator (at a time, and in a form and manner, specified by the Administrator)\u2014"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/5/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a plan for the State to use its allotment to carry out 3 or more of the activities described in paragraph (6); and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1397ee/h/5/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" annual reports on the use of allotments, including such additional information as the Administrator determines appropriate.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Not more than 10 percent of the amount allotted to a State for a fiscal year may be used by the State for administrative expenses.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/h/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Use of funds"},{"t":"chapeau","text":"Amounts allotted to a State under this subsection shall be used for 3 or more of the following health-related activities:"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Promoting evidence-based, measurable interventions to improve prevention and chronic disease management.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Providing payments to health care providers for the provision of health care items or services, as specified by the Administrator.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/6/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Promoting consumer-facing, technology-driven solutions for the prevention and management of chronic diseases.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/6/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Providing training and technical assistance for the development and adoption of technology-enabled solutions that improve care delivery in rural hospitals, including remote monitoring, robotics, artificial intelligence, and other advanced technologies.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/6/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" Recruiting and retaining clinical workforce talent to rural areas, with commitments to serve rural communities for a minimum of 5 years.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/6/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" Providing technical assistance, software, and hardware for significant information technology advances designed to improve efficiency, enhance cybersecurity capability development, and improve patient health outcomes.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/6/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" Assisting rural communities to right size their health care delivery systems by identifying needed preventative, ambulatory, pre-hospital, emergency, acute inpatient care, outpatient care, and post-acute care service lines.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/6/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" Supporting access to opioid use disorder treatment services (as defined in ","children":[{"t":"ref","text":"section 1395x(jjj)(1) of this title","href":"/us/usc/t42/s1395x/jjj/1","tail":"), other substance use disorder treatment services, and mental health services."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/6/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" Developing projects that support innovative models of care that include value-based care arrangements and alternative payment models, as appropriate.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1397ee/h/6/J","children":[{"t":"num","text":"(J)"},{"t":"content","text":" Additional uses designed to promote sustainable access to high quality rural health care services, as determined by the Administrator.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/h/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Exemptions"},{"t":"content","children":[{"t":"p","text":"Paragraphs (2), (3), (5), (6), (8), (10), (11), and (12) of subsection (c) do not apply to payments under this subsection.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/h/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Review"},{"t":"content","children":[{"t":"p","text":"There shall be no administrative or judicial review under ","children":[{"t":"ref","text":"section 1316 of this title","href":"/us/usc/t42/s1316","tail":" or otherwise of amounts allotted or redistributed to States under this subsection, payments to States withheld or reduced under this subsection, or previous payments recovered from States under this subsection."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1397ee/h/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Health care provider defined"},{"t":"content","children":[{"t":"p","text":"For purposes of this subsection, the term \u201chealth care provider\u201d means a provider of services or supplier who is enrolled under this subchapter, subchapter XVIII, or subchapter XIX.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}