
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1397ff]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
        SUBCHAPTER XXI--STATE CHILDREN'S HEALTH INSURANCE PROGRAM
 
Sec. 1397ff. Process for submission, approval, and amendment of 
        State child health plans
        

(a) Initial plan

                           (1) In general

        As a condition of receiving payment under section 1397ee of this 
    title, a State shall submit to the Secretary a State child health 
    plan that meets the applicable requirements of this subchapter.

                            (2) Approval

        Except as the Secretary may provide under subsection (e) of this 
    section, a State plan submitted under paragraph (1)--
            (A) shall be approved for purposes of this subchapter, and
            (B) shall be effective beginning with a calendar quarter 
        that is specified in the plan, but in no case earlier than 
        October 1, 1997.

(b) Plan amendments

                           (1) In general

        A State may amend, in whole or in part, its State child health 
    plan at any time through transmittal of a plan amendment.

                            (2) Approval

        Except as the Secretary may provide under subsection (e) of this 
    section, an amendment to a State plan submitted under paragraph 
    (1)--
            (A) shall be approved for purposes of this subchapter, and
            (B) shall be effective as provided in paragraph (3).

                 (3) Effective dates for amendments

        (A) In general

            Subject to the succeeding provisions of this paragraph, an 
        amendment to a State plan shall take effect on one or more 
        effective dates specified in the amendment.

        (B) Amendments relating to eligibility or benefits

            (i) Notice requirement

                Any plan amendment that eliminates or restricts 
            eligibility or benefits under the plan may not take effect 
            unless the State certifies that it has provided prior public 
            notice of the change, in a form and manner provided under 
            applicable State law.
            (ii) Timely transmittal

                Any plan amendment that eliminates or restricts 
            eligibility or benefits under the plan shall not be 
            effective for longer than a 60-day period unless the 
            amendment has been transmitted to the Secretary before the 
            end of such period.

        (C) Other amendments

            Any plan amendment that is not described in subparagraph (B) 
        and that becomes effective in a State fiscal year may not remain 
        in effect after the end of such fiscal year (or, if later, the 
        end of the 90-day period on which it becomes effective) unless 
        the amendment has been transmitted to the Secretary.

(c) Disapproval of plans and plan amendments

                (1) Prompt review of plan submittals

        The Secretary shall promptly review State plans and plan 
    amendments submitted under this section to determine if they 
    substantially comply with the requirements of this subchapter.

                    (2) 90-day approval deadlines

        A State plan or plan amendment is considered approved unless the 
    Secretary notifies the State in writing, within 90 days after 
    receipt of the plan or amendment, that the plan or amendment is 
    disapproved (and the reasons for disapproval) or that specified 
    additional information is needed.

                           (3) Correction

        In the case of a disapproval of a plan or plan amendment, the 
    Secretary shall provide a State with a reasonable opportunity for 
    correction before taking financial sanctions against the State on 
    the basis of such disapproval.

(d) Program operation

                           (1) In general

        The State shall conduct the program in accordance with the plan 
    (and any amendments) approved under subsection (c) of this section 
    and with the requirements of this subchapter.

                           (2) Violations

        The Secretary shall establish a process for enforcing 
    requirements under this subchapter. Such process shall provide for 
    the withholding of funds in the case of substantial noncompliance 
    with such requirements. In the case of an enforcement action against 
    a State under this paragraph, the Secretary shall provide a State 
    with a reasonable opportunity for correction before taking financial 
    sanctions against the State on the basis of such an action.

(e) Continued approval

    An approved State child health plan shall continue in effect unless 
and until the State amends the plan under subsection (b) of this section 
or the Secretary finds, under subsection (d) of this section, 
substantial noncompliance of the plan with the requirements of this 
subchapter.

(Aug. 14, 1935, ch. 531, title XXI, Sec. 2106, as added Pub. L. 105-33, 
title IV, Sec. 4901(a), Aug. 5, 1997, 111 Stat. 563.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1397aa, 1397jj of this 
title.
