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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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