Laws: Cases and Codes : U.S. Code : Title 42 : Section 1320b-2


   
U.S. Code as of: 01/19/04
Section 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.



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