Page:United States Statutes at Large Volume 102 Part 4.djvu/111

 PUBLIC LAW 100-607—NOV. 4, 1988

102 STAT. 3081

"(4) give priority to the provision of outreach and home and community-based services to eligible individuals with low incomes. "(b) AUTHORITY FOR GRANTS AND CONTRACTS.—A State may make payment for services under subsection (a) through grants to public and nonprofit private entities and through contracts with public and private entities. In providing such financial assistance, a State shall give priority to public and nonprofit private entities that have demonstrated experience in delivering home and community-based health services to individuals with the etiologic agent for acquired immune deficiency S3nidrome. "SEC. 2403. REQUIREMENT OF SUBMISSION OF DESCRIPTION OF IN- 42 USC 300dd-2. TENDED USES OF GRANT.

"The Secretary may not make payments under section 2401(a) to a State for a fiscal year unless— "(1) the State submits to the Secretary a description of the purposes for which the State intends to expend such payments for the fiscal year; "(2) such description provides information relating to the services and activities to be provided, including a description of the manner in which such services and activities will be coordinated with any similar services and activities of public and private entities; and "(3) such description includes information relating to (A) the process for determining which eligible individuals are medically dependent or chronically dependent and (B) the process for establishing written plans of care for the provision of home and community-based health services under this part. "SEC. 2404. RESTRICTIONS ON USE OF GRANT.

42 USC 300dd-3.

"(a) IN GENERAL.—The Secretary may not make payments under section 2401(a) for a fiscal year to a State unless the State agrees that the payments will not be expended— '•(1) to provide for items or services described in section 2401(d)(3); "(2) to make cash pa3mients to intended recipients of services; "(3) to purchase or improve real property (other than minor Real property. remodeling of existing improvements to real property) or to purchase major medical equipment; or "(4) to satisfy any requirement for the expenditure of nonFederal funds as a condition for the receipt of Federal funds. "0)) LIMITATION ON ADMINISTRATIVE EXPENSES.—The Secretary may not make payments under section 2401(a) for a fiscal year unless the State involved agrees that the State will not expend more than 5 percent of the payments made to the State under such section for administrative expenses with respect to carrying out the purpose of this part. "(c) LIMITATION ON TOTAL PAYMENTS.—

"(1) Before March 1, 1989, for fiscal year 1989 and before September 1 of 1989 for fiscal year 1990, the Secretary shall determine and publish the national average monthly payments, for extended care services under part A of title XVlIl of the Social Security Act, for each resident of a skilled nursing facility the Secretary estimates will be paid in the fiscal year. "(2) The Secretary may not make payments under section 2401(a) for a fiscal year to a State to the extent that the average

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