Laws: Cases and Codes : U.S. Code : Title 42 : Section 1397hh


   
U.S. Code as of: 01/19/04
Section 1397hh. Annual reports; evaluations

    (a) Annual report
      The State shall - 
        (1) assess the operation of the State plan under this
      subchapter in each fiscal year, including the progress made in
      reducing the number of uncovered low-income children; and
        (2) report to the Secretary, by January 1 following the end of
      the fiscal year, on the result of the assessment.
    (b) State evaluations
      (1) In general
        By March 31, 2000, each State that has a State child health
      plan shall submit to the Secretary an evaluation that includes
      each of the following:
          (A) An assessment of the effectiveness of the State plan in
        increasing the number of children with creditable health
        coverage.
          (B) A description and analysis of the effectiveness of
        elements of the State plan, including - 
            (i) the characteristics of the children and families
          assisted under the State plan including age of the children,
          family income, and the assisted child's access to or coverage
          by other health insurance prior to the State plan and after
          eligibility for the State plan ends,
            (ii) the quality of health coverage provided including the
          types of benefits provided,
            (iii) the amount and level (including payment of part or
          all of any premium) of assistance provided by the State,
            (iv) the service area of the State plan,
            (v) the time limits for coverage of a child under the State
          plan,
            (vi) the State's choice of health benefits coverage and
          other methods used for providing child health assistance, and
            (vii) the sources of non-Federal funding used in the State
          plan.

          (C) An assessment of the effectiveness of other public and
        private programs in the State in increasing the availability of
        affordable quality individual and family health insurance for
        children.
          (D) A review and assessment of State activities to coordinate
        the plan under this subchapter with other public and private
        programs providing health care and health care financing,
        including medicaid and maternal and child health services.
          (E) An analysis of changes and trends in the State that
        affect the provision of accessible, affordable, quality health
        insurance and health care to children.
          (F) A description of any plans the State has for improving
        the availability of health insurance and health care for
        children.
          (G) Recommendations for improving the program under this
        subchapter.
          (H) Any other matters the State and the Secretary consider
        appropriate.
      (2) Report of the Secretary
        The Secretary shall submit to Congress and make available to
      the public by December 31, 2001, a report based on the
      evaluations submitted by States under paragraph (1), containing
      any conclusions and recommendations the Secretary considers
      appropriate.
    (c) Federal evaluation
      (1) In general
        The Secretary, directly or through contracts or interagency
      agreements, shall conduct an independent evaluation of 10 States
      with approved child health plans.
      (2) Selection of States
        In selecting States for the evaluation conducted under this
      subsection, the Secretary shall choose 10 States that utilize
      diverse approaches to providing child health assistance,
      represent various geographic areas (including a mix of rural and
      urban areas), and contain a significant portion of uncovered
      children.
      (3) Matters included
        In addition to the elements described in subsection (b)(1) of
      this section, the evaluation conducted under this subsection
      shall include each of the following:
          (A) Surveys of the target population (enrollees,
        disenrollees, and individuals eligible for but not enrolled in
        the program under this subchapter).
          (B) Evaluation of effective and ineffective outreach and
        enrollment practices with respect to children (for both the
        program under this subchapter and the medicaid program under
        subchapter XIX of this chapter), and identification of
        enrollment barriers and key elements of effective outreach and
        enrollment practices, including practices that have
        successfully enrolled hard-to-reach populations such as
        children who are eligible for medical assistance under
        subchapter XIX of this chapter but have not been enrolled
        previously in the medicaid program under that subchapter.
          (C) Evaluation of the extent to which State medicaid
        eligibility practices and procedures under the medicaid program
        under subchapter XIX of this chapter are a barrier to the
        enrollment of children under that program, and the extent to
        which coordination (or lack of coordination) between that
        program and the program under this subchapter affects the
        enrollment of children under both programs.
          (D) An assessment of the effect of cost-sharing on
        utilization, enrollment, and coverage retention.
          (E) Evaluation of disenrollment or other retention issues,
        such as switching to private coverage, failure to pay premiums,
        or barriers in the recertification process.
      (4) Submission to Congress
        Not later than December 31, 2001, the Secretary shall submit to
      Congress the results of the evaluation conducted under this
      subsection.
      (5) Funding
        Out of any money in the Treasury of the United States not
      otherwise appropriated, there are appropriated $10,000,000 for
      fiscal year 2000 for the purpose of conducting the evaluation
      authorized under this subsection. Amounts appropriated under this
      paragraph shall remain available for expenditure through fiscal
      year 2002.
    (d) Inspector General audit and GAO report
      (1) Audit
        Beginning with fiscal year 2000, and every third fiscal year
      thereafter, the Secretary, through the Inspector General of the
      Department of Health and Human Services, shall audit a sample
      from among the States described in paragraph (2) in order to - 
          (A) determine the number, if any, of enrollees under the plan
        under this subchapter who are eligible for medical assistance
        under subchapter XIX of this chapter (other than as optional
        targeted low-income children under section
        1396a(a)(10)(A)(ii)(XIV) of this title); and
          (B) assess the progress made in reducing the number of
        uncovered low-income children, including the progress made to
        achieve the strategic objectives and performance goals included
        in the State child health plan under section 1397gg(a) of this
        title.
      (2) State described
        A State described in this paragraph is a State with an approved
      State child health plan under this subchapter that does not, as
      part of such plan, provide health benefits coverage under the
      State's medicaid program under subchapter XIX of this chapter.
      (3) Monitoring and report from GAO
        The Comptroller General of the United States shall monitor the
      audits conducted under this subsection and, not later than March
      1 of each fiscal year after a fiscal year in which an audit is
      conducted under this subsection, shall submit a report to
      Congress on the results of the audit conducted during the prior
      fiscal year.



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