
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-345 Section 301(a)]
[CITE: 42USC300ff-42]

 
                 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


(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 general

        In 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 donations

        A 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, Sec. 2642, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 599.)

                       References in Text

    The 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 (Sec. 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 Sections

    This section is referred to in section 300ff-64 of this title.
