Page:United States Statutes at Large Volume 102 Part 4.djvu/113

 PUBLIC LAW 100-607—NOV. 4, 1988

102 STAT. 3083

States for the audit of governmental organizations, programs, activities, and functions. "(3) The Secretary may not make payments under section 2401(a) for a fiscal year unless the State involved agrees that, not later than 30 days after the completion of an audit under paragraph (2), the State will provide a copy of the audit report to the State l^islature. "(4) For purposes of paragraph (2), the term 'financial and compliance audit' means an audit to determine whether the financial statements of an audited entity present fairly the financial position, and the results of financial operations, of the entity in accordance with generally accepted accounting principles, and whether the entity has complied with laws and r^ulations that may have a material effect upon the financial statements. "(c) AVAILABILITY TO PUBLIC.—The Secretary may not make payments under section 2401(a) unless the State involved agrees to make copies of the reports and audits described in this section available for public inspection. "(d) EhrALUATiONS BY Co&fPTROLLER GENERAL.—Tho Comptroller General of the United States shall, from time to time, evaluate the expenditures by the States of payments under section 2401(a) in order to assure that expenditures are consistent with the provisions of this part. "SEC 2406. ADDITIONAL REQUIRED AGREEMENTS. "(a) IN GENERAL.—The Secretary may not make payments under section 2401(a) for a fiscal year unless the State involved agrees that— "(1) the l^islature of the State will conduct public hearings on the proposed use and distribution of the payments to be received from the allotments for each such fiscal year; "(2)(A) the State will, to the maximum extent practicable, ensure that services provided to an individual pursuant to the program involved will be provided without r^ard to the ability of the individual to pay for such services and without r^ard to the current or past health condition of the individual; "(B) if any charges are imposed for the provision of home and community-based health services for which assistance is provided under this part, such charges (i) will be pursuant to a public schedule of charges, (ii) will not be imposed on any eligible individual with an income that does not exceed 100 percent of the official poverty line, and (iii) for an eligible individual with an income that exceeds 100 percent of the official poverty line, will be acyusted to reflect the income of the individual; "(3) the State will provide for periodic independent peer review to assess the quality and appropriateness of home and community-based health services provided by entities that receive funds from the State pursuant to section 2401(a); "(4) the State will permit and cooperate with Federal investigations undertaken under section 2409(e); "(5) the State will maintain Stote expenditures for home and community-based health services for individuals infected with the etiologic agent for acquired immune deficiency syndrome at a level equal to not less than the average level of such expenditures maintained by the State for the 2-year period preceding

42 USC 300dd-5.

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