1999 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER XXIV - HIV HEALTH CARE SERVICES PROGRAM
Part C - Early Intervention Services
subpart i - formula grants for states
Sec. 300ff-42 - Provision of services through medicaid providers
View Metadata| Publication Title | United States Code, 1994 Edition, Supplement 5, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER XXIV - HIV HEALTH CARE SERVICES PROGRAM Part C - Early Intervention Services subpart i - formula grants for states Sec. 300ff-42 - Provision of services through medicaid providers |
| Contains | section 300ff-42 |
| Date | 1999 |
| Laws in Effect as of Date | January 23, 2000 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | July 1, 1944, ch. 373, title XXVI, §2642, as added Pub. L. 101-381, title III, §301(a), Aug. 18, 1990, 104 Stat. 599. |
| Statutes at Large References | 49 Stat. 620 104 Stat. 599 |
| Public Law Reference | Public Law 101-381 |
§300ff–42. Provision of services through medicaid providers (a) In general
Subject to subsection (b) of this section, the Secretary may not make a grant under section 300ff–41 of this title to a State unless, in the case of any service described in subsection (b) of such section that is available pursuant to the State plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for the State—
(1) the State will provide the service through a State entity, and the State entity has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or
(2) the State will enter into an agreement with a public or nonprofit private entity under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments.
(b) Waiver regarding certain secondary agreements (1) In generalIn the case of an entity making an agreement pursuant to subsection (a)(2) of this section regarding the provision of services, the requirement established in such subsection regarding a participation agreement shall be waived by the Secretary if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.
(2) Acceptance of voluntary donationsA determination by the Secretary of whether an entity referred to in paragraph (1) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations for the purpose of providing services to the public.
(July 1, 1944, ch. 373, title XXVI, §2642, as added Pub. L. 101–381, title III, §301(a), Aug. 18, 1990, 104 Stat. 599.)
References in TextThe Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Social Security Act is classified generally to subchapter XIX (§1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
Section Referred to in Other SectionsThis section is referred to in section 300ff–64 of this title.
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