
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320b-2]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1320b-2. Period within which certain claims must be filed


(a) Claims

    Notwithstanding any other provision of this chapter (but subject to 
subsection (b) of this section), any claim by a State for payment with 
respect to an expenditure made during any calendar quarter by the 
State--
        (1) in carrying out a State plan approved under subchapter I, 
    IV, X, XIV, XVI, XIX, or XX of this chapter, or
        (2) under any other provision of this chapter which provides (on 
    an entitlement basis) for Federal financial participation in 
    expenditures made under State plans or programs,

shall be filed (in such form and manner as the Secretary shall by 
regulations prescribe) within the two-year period which begins on the 
first day of the calendar quarter immediately following such calendar 
quarter; and payment shall not be made under this chapter on account of 
any such expenditure if claim therefor is not made within such two-year 
period; except that this subsection shall not be applied so as to deny 
payment with respect to any expenditure involving court-ordered 
retroactive payments or audit exceptions, or adjustments to prior year 
costs.

(b) Waiver

    The Secretary shall waive the requirement imposed under subsection 
(a) of this section with respect to the filing of any claim if he 
determines (in accordance with regulations) that there was good cause 
for the failure by the State to file such claim within the period 
prescribed under subsection (a) of this section. Any such waiver shall 
be only for such additional period of time as may be necessary to 
provide the State with a reasonable opportunity to file such claim. A 
failure to file a claim within such time period which is attributable to 
neglect or administrative inadequacies shall be deemed not to be for 
good cause.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1132, as added Pub. L. 96-272, 
title III, Sec. 306(a), June 17, 1980, 94 Stat. 530; amended Pub. L. 97-
35, title XXI, Sec. 2193(c)(5), Aug. 13, 1981, 95 Stat. 827.)


                               Amendments

    1981--Subsec. (a)(1). Pub. L. 97-35 substituted ``subchapter I, IV, 
X'' for ``subchapter I, IV, V, X''.


 Effective Date of 1981 Amendment, Savings, and Transitional Provisions

    For effective date, savings, and transitional provisions relating to 
amendment by Pub. L. 97-35, see section 2194 of Pub. L. 97-35, set out 
as a note under section 701 of this title.


                             Effective Date

    Section 306(b), (c) of Pub. L. 96-272 provided that:
    ``(b)(1) The amendment made by subsection (a) [enacting this 
section] shall be effective only in the case of claims filed on account 
of expenditures made in calendar quarters commencing on or after October 
1, 1979.
    ``(2) In the case of claims filed prior to the date of enactment of 
this Act [June 17, 1980] on account of expenditures described in section 
1132 of the Social Security Act [this section] made in calendar quarters 
commencing prior to October 1, 1979, there shall be no time limit for 
the payment of such claims.
    ``(3) In the case of such expenditures made in calendar quarters 
commencing prior to October 1, 1979, for which no claim has been filed 
on or before the date of enactment of this Act, payment shall not be 
made under this Act on account of any such expenditure unless claim 
therefor is filed (in such form and manner as the Secretary shall by 
regulation prescribe) prior to January 1, 1981.
    ``(4) The provisions of this subsection shall not be applied so as 
to deny payment with respect to any expenditure involving adjustments to 
prior year costs or court-ordered retroactive payments or audit 
exceptions. The Secretary may waive the requirements of paragraph (3) in 
the same manner as under section 1132(b) of the Social Security Act 
[subsec. (b)(3) of this section].
    ``(c) Notwithstanding any other provision of law, there shall be no 
time limit for the filing or payment of such claims except as provided 
in this section, unless such other provision of law, in imposing such a 
time limitation, specifically exempts such filing or payment from the 
provisions of this section.''

                  Section Referred to in Other Sections

    This section is referred to in section 1397gg of this title.
