
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: 42USC705]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
      SUBCHAPTER V--MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT
 
Sec. 705. Application for block grant funds

    (a) In order to be entitled to payments for allotments under section 
702 of this title for a fiscal year, a State must prepare and transmit 
to the Secretary an application (in a standardized form specified by the 
Secretary) that--
        (1) contains a statewide needs assessment (to be conducted every 
    5 years) that shall identify (consistent with the health status 
    goals and national health objectives referred to in section 701(a) 
    of this title) the need for--
            (A) preventive and primary care services for pregnant women, 
        mothers, and infants up to age one;
            (B) preventive and primary care services for children; and
            (C) services for children with special health care needs (as 
        specified in section 701(a)(1)(D) of this title);

        (2) includes for each fiscal year--
            (A) a plan for meeting the needs identified by the statewide 
        needs assessment under paragraph (1); and
            (B) a description of how the funds allotted to the State 
        under section 702(c) of this title will be used for the 
        provision and coordination of services to carry out such plan 
        that shall include--
                (i) subject to paragraph (3), a statement of the goals 
            and objectives consistent with the health status goals and 
            national health objectives referred to in section 701(a) of 
            this title for meeting the needs specified in the State plan 
            described in subparagraph (A);
                (ii) an identification of the areas and localities in 
            the State in which services are to be provided and 
            coordinated;
                (iii) an identification of the types of services to be 
            provided and the categories or characteristics of 
            individuals to be served; and
                (iv) information the State will collect in order to 
            prepare reports required under section 706(a) of this title;

        (3) except as provided under subsection (b) of this section, 
    provides that the State will use--
            (A) at least 30 percent of such payment amounts for 
        preventive and primary care services for children, and
            (B) at least 30 percent of such payment amounts for services 
        for children with special health care needs (as specified in 
        section 701(a)(1)(D) of this title);

        (4) provides that a State receiving funds for maternal and child 
    health services under this subchapter shall maintain the level of 
    funds being provided solely by such State for maternal and child 
    health programs at a level at least equal to the level that such 
    State provided for such programs in fiscal year 1989; and
        (5) provides that--
            (A) the State will establish a fair method (as determined by 
        the State) for allocating funds allotted to the State under this 
        subchapter among such individuals, areas, and localities 
        identified under paragraph (1)(A) as needing maternal and child 
        health services, and the State will identify and apply 
        guidelines for the appropriate frequency and content of, and 
        appropriate referral and followup with respect to, health care 
        assessments and services financially assisted by the State under 
        this subchapter and methods for assuring quality assessments and 
        services;
            (B) funds allotted to the State under this subchapter will 
        only be used, consistent with section 708 of this title, to 
        carry out the purposes of this subchapter or to continue 
        activities previously conducted under the consolidated health 
        programs (described in section 701(b)(1) of this title);
            (C) the State will use--
                (i) special consideration (where appropriate) for the 
            continuation of the funding of special projects in the State 
            previously funded under this subchapter (as in effect before 
            August 31, 1981), and
                (ii) a reasonable proportion (based upon the State's 
            previous use of funds under this subchapter) of such sums to 
            carry out the purposes described in subparagraphs (A) 
            through (D) of section 701(a)(1) of this title;

            (D) if any charges are imposed for the provision of health 
        services assisted by the State under this subchapter, such 
        charges (i) will be pursuant to a public schedule of charges, 
        (ii) will not be imposed with respect to services provided to 
        low income mothers or children, and (iii) will be adjusted to 
        reflect the income, resources, and family size of the individual 
        provided the services;
            (E) the State agency (or agencies) administering the State's 
        program under this subchapter will provide for a toll-free 
        telephone number (and other appropriate methods) for the use of 
        parents to access information about health care providers and 
        practitioners who provide health care services under this 
        subchapter and subchapter XIX of this chapter and about other 
        relevant health and health-related providers and practitioners; 
        and
            (F) the State agency (or agencies) administering the State's 
        program under this subchapter will--
                (i) participate in the coordination of activities 
            between such program and the early and periodic screening, 
            diagnostic, and treatment program under section 
            1396d(a)(4)(B) of this title (including the establishment of 
            periodicity and content standards for early and periodic 
            screening, diagnostic, and treatment services), to ensure 
            that such programs are carried out without duplication of 
            effort,
                (ii) participate in the arrangement and carrying out of 
            coordination agreements described in section 1396a(a)(11) of 
            this title (relating to coordination of care and services 
            available under this subchapter and subchapter XIX of this 
            chapter),
                (iii) participate in the coordination of activities 
            within the State with programs carried out under this 
            subchapter and related Federal grant programs (including 
            supplemental food programs for mothers, infants, and 
            children, related education programs, and other health, 
            developmental disability, and family planning programs), and
                (iv) provide, directly and through their providers and 
            institutional contractors, for services to identify pregnant 
            women and infants who are eligible for medical assistance 
            under subparagraph (A) or (B) of section 1396a(l)(1) of this 
            title and, once identified, to assist them in applying for 
            such assistance.

The application shall be developed by, or in consultation with, the 
State maternal and child health agency and shall be made public within 
the State in such manner as to facilitate comment from any person 
(including any Federal or other public agency) during its development 
and after its transmittal.
    (b) The Secretary may waive the requirements under subsection (a)(3) 
of this section that a State's application for a fiscal year provide for 
the use of funds for specific activities if for that fiscal year--
        (1) the Secretary determines--
            (A) on the basis of information provided in the State's most 
        recent annual report submitted under section 706(a)(1) of this 
        title, that the State has demonstrated an extraordinary unmet 
        need for one of the activities described in subsection (a)(3) of 
        this section, and
            (B) that the granting of the waiver is justified and will 
        assist in carrying out the purposes of this subchapter; and

        (2) the State provides assurances to the Secretary that the 
    State will provide for the use of some amounts paid to it under 
    section 703 of this title for the activities described in 
    subparagraphs (A) and (B) of subsection (a)(3) of this section and 
    specifies the percentages to be substituted in each of such 
    subparagraphs.

(Aug. 14, 1935, ch. 531, title V, Sec. 505, as added Pub. L. 97-35, 
title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 822; amended Pub. L. 
97-248, title I, Sec. 137(b)(3), (4), Sept. 3, 1982, 96 Stat. 377; Pub. 
L. 101-239, title VI, Secs. 6501(b), 6503(b), Dec. 19, 1989, 103 Stat. 
2275, 2276; Pub. L. 101-508, title IV, Sec. 4755(c)(3), Nov. 5, 1990, 
104 Stat. 1388-210.)


                            Prior Provisions

    A prior section 705, act Aug. 14, 1935, ch. 531, title V, Sec. 505, 
as added and amended Jan. 2, 1968, Pub. L. 90-248, title III, Secs. 301, 
304(a), 81 Stat. 923, 929; July 10, 1972, Pub. L. 92-345, Sec. 2(a)-(c), 
86 Stat. 456, 457; Oct. 30, 1972, Pub. L. 92-603, title II, 
Secs. 221(c)(1), 232(b), 239(c), 86 Stat. 1389, 1411, 1417; July 1, 
1973, Pub. L. 93-53, Sec. 4(a)(3)-(5), 87 Stat. 135; Dec. 5, 1980, Pub. 
L. 96-499, title IX, Sec. 914(c)(1), 94 Stat. 2622, related to contents 
of State plans, approval by Secretary, etc., prior to the general 
revision of this subchapter by section 2192(a) of Pub. L. 97-35. For 
effective date, savings, and transitional provisions, see section 2194 
of Pub. L. 97-35, set out as a note under section 701 of this title. For 
effective dates of prior amendments, see section 304(b) of Pub. L. 90-
248, sections 232(c) and 239(d) of Pub. L. 92-603, and section 914(c)(2) 
of Pub. L. 96-499 as amended by section 137(c)(2) of Pub. L. 97-248.
    Another prior section 705, acts Aug. 14, 1935, ch. 531, title V, 
Sec. 505, 49 Stat. 631; 1946 Reorg. Plan No. 2, Sec. 1, eff. July 16, 
1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 28, 1950, ch. 809, title III, 
pt. 6, Sec. 361(e), 64 Stat. 558, provided for stopping payment on 
failure to comply with plan for maternal and child health services, 
prior to the general amendment of title V of the Social Security Act by 
Pub. L. 90-248, Sec. 301, and was covered by former section 707 of this 
title.
    Provisions similar to those comprising former section 705 were 
contained in sections 503 and 513 of act Aug. 14, 1935, ch. 531, title 
V, 49 Stat. 630, 632, as amended (formerly classified to sections 703 
and 713 of this title), prior to the general amendment and renumbering 
of title V of act Aug. 14, 1935, by Pub. L. 90-248, Sec. 301.


                               Amendments

    1990--Subsec. (b). Pub. L. 101-508 substituted ``requirements'' for 
``requirement'' in introductory provisions.
    1989--Pub. L. 101-239, Sec. 6503(b)(1), substituted ``Application 
for block grant funds'' for ``Description of intended expenditures and 
statement of assurances'' in section catchline.
    Subsec. (a). Pub. L. 101-239, Sec. 6503(b)(2), (3), inserted ``(a)'' 
before ``In order to be entitled'' and ``an application (in a 
standardized form specified by the Secretary) that'' after ``must 
prepare and transmit to the Secretary''.
    Subsec. (a)(1). Pub. L. 101-239, Sec. 6503(b)(4), added par. (1) and 
struck out former par. (1) which read as follows: ``a report describing 
the intended use of payments the State is to receive under this 
subchapter for the fiscal year, including (A) a description of those 
populations, areas, and localities in the State which the State has 
identified as needing maternal and child health services, (B) a 
statement of goals and objectives for meeting those needs, (C) 
information on the types of services to be provided and the categories 
or characteristics of individuals to be served, and (D) data the State 
intends to collect respecting activities conducted with such payments; 
and''.
    Subsec. (a)(2) to (4). Pub. L. 101-239, Sec. 6503(b)(4), added pars. 
(2) to (4) and redesignated former par. (2) as (5).
    Subsec. (a)(5). Pub. L. 101-239, Sec. 6503(b)(5)(A), (6), in 
introductory provisions, substituted ``provides'' for ``a statement of 
assurances that represents to the Secretary'', and in concluding 
provisions, substituted ``The application shall be developed by, or in 
consultation with, the State maternal and child health agency and shall 
be made public within the State in such manner as to facilitate comment 
from any person (including any Federal or other public agency) during 
its development and after its transmittal.'' for ``The description and 
statement shall be made public within the State in such manner as to 
facilitate comment from any person (including any Federal or other 
public agency) during development of the description and statement and 
after its transmittal. The description and statement shall be revised 
(consistent with this section) throughout the year as may be necessary 
to reflect substantial changes in any element of such description or 
statement, and any revision shall be subject to the requirements of the 
preceding sentence.''
    Pub. L. 101-239, Sec. 6503(b)(4), redesignated former par. (2) as 
(5).
    Subsec. (a)(5)(A). Pub. L. 101-239, Sec. 6503(b)(5)(B), substituted 
``will establish'' for ``will provide''.
    Subsec. (a)(5)(C)(i). Pub. L. 101-239, Sec. 6503(b)(5)(C), amended 
cl. (i) generally. Prior to amendment, cl. (i) read as follows: ``a 
substantial proportion of the sums expended by the State for carrying 
out this subchapter for the provision of health services to mothers and 
children, with special consideration given (where appropriate) to the 
continuation of the funding of special projects in the State previously 
funded under this subchapter (as in effect before August 13, 1981), 
and''.
    Subsec. (a)(5)(C)(ii). Pub. L. 101-239, Sec. 6501(b), substituted 
``subparagraphs (A) through (D) of section 701(a)(1) of this title'' for 
``paragraphs (1) through (3) of section 701(a) of this title''.
    Subsec. (a)(5)(E). Pub. L. 101-239, Sec. 6503(b)(5)(D), (E), added 
subpar. (E). Former subpar. (E) redesignated (F).
    Subsec. (a)(5)(F). Pub. L. 101-239, Sec. 6503(b)(5)(F)(i), struck 
out ``participate'' after ``under this subchapter will'' in introductory 
provisions.
    Pub. L. 101-239, Sec. 6503(b)(5)(E), redesignated subpar. (E) as 
(F).
    Subsec. (a)(5)(F)(i). Pub. L. 101-239, Sec. 6503(b)(5)(F)(ii)-(iv), 
inserted ``participate'' before ``in the coordination'' and substituted 
``diagnostic'' for ``diagnosis'' and ``section 1396d(a)(4)(B) of this 
title (including the establishment of periodicity and content standards 
for early and periodic screening, diagnostic, and treatment services)'' 
for ``subchapter XIX of this chapter''.
    Subsec. (a)(5)(F)(ii). Pub. L. 101-239, Sec. 6503(b)(5)(F)(iv), 
inserted ``participate'' before ``in the arrangement''.
    Subsec. (a)(5)(F)(iii). Pub. L. 101-239, Sec. 6503(b)(5)(F)(iv), 
inserted ``participate'' before ``in the coordination''.
    Subsec. (a)(5)(F)(iv). Pub. L. 101-239, Sec. 6503(b)(5)(F)(v)-(vii), 
added cl. (iv).
    Subsec. (b). Pub. L. 101-239, Sec. 6503(b)(7), added subsec. (b).
    1982--Par. (2)(B). Pub. L. 97-248, Sec. 137(b)(3), substituted 
``section 701(b)(1)'' for ``section 702(b)(1)''.
    Subsec. (2)(D). Pub. L. 97-248, Sec. 137(b)(4), substituted ``any 
charges are imposed'' for ``the State imposes any charges''.


                    Effective Date of 1989 Amendment

    Amendment by section 6501(b) of Pub. L. 101-239 applicable to 
appropriations for fiscal years beginning with fiscal year 1990, and 
amendment by section 6503(b) of Pub. L. 101-239 applicable to payments 
for allotments for fiscal years beginning with fiscal year 1991, see 
section 6510(a), (b)(1) of Pub. L. 101-239, set out as a note under 
section 701 of this title.


                    Effective Date of 1982 Amendment

    Amendment by section 137 of Pub. L. 97-248 effective as if 
originally included as part of this section as this section was amended 
by the Omnibus Budget Reconciliation Act of 1981, Pub. L. 97-35, see 
section 137(d)(2) of Pub. L. 97-248, set out as a note under section 
1396a of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 702, 703, 704, 706, 709, 
710, 4728 of this title.
