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