Page:United States Statutes at Large Volume 102 Part 4.djvu/149

 PUBLIC LAW 100-607—NOV. 4, 1988

102 STAT. 3119

"(3) CoPAYMENTS.—A State may require an eligible patient to whom immunosuppressive drug therapy is provided with amounts paid to the State under this part to make copayments for part of the costs of such therapy, without regard to section 1916 of the Social Security Act (42 U.S.C. 1396o). "(b) LIMITATIONS.—A State may not use amounts paid to it under section 1934 to— "(1) make direct payments to organ transplant patients; or "(2) satisfy any requirement for the expenditure of nonFederal funds as a condition for the receipt of Federal funds. "(c) ADMINISTRATIVE COSTS.—Not more than 10 percent of the total amount paid to any State under section 1934 from its allotment under section 1933 for any fiscal year may be used for administering the funds made available under section 1934. The State will pay from non-Federal sources the remaining costs of administering such funds. "SEC. 1936. APPLICATION AND DESCRIPTION OF ACTIVITIES; REQUIRE- 42 USC 300y-26. MENTS.

"(a) APPLICATION REQUIRED.—In order to receive an allotment for State and local a fiscal year under section 1933, each State shall submit an applica- governments. tion to the Secretary. Each such application shall be in such form and submitted by such date as the Secretary shall require. Each such application shall contain assurances that the State will meet the requirements of subsection (b). "(b) REQUIREMENTS.—As part of the annual application required by subsection (a), the chief executive officer of each State shall— "(1) certify that the State agrees to use the funds allotted to the State under section 1933 in accordance with the requirements of this part; "(2) agrees to cooperate with Federal investigations undertaken in accordance with section 1907 (as such section applies to this part pursuant to subsection (d) of this section); and "(3) certify that the State agrees that Federal funds made available under section 1934 for any period will be so used as to supplement and increase the level of State, local, and other nonFederal funds that would in the absence of such Federal funds be made available for the activities for which funds are provided under such section and will in no event supplant such State, local, and other non-Federal funds. "(c) DESCRIPTION OF ACTIVITIES.—

"(1) IN GENERAL.—The chief executive officer of a State shall, as part of the application required by subsection (a), also prepare and furnish the Secretary (in accordance with such form as the Secretary shall provide) with a description of the intended use of the payments the State will receive under section 1934 for the fiscal year for which the application is submitted, including information on the programs and activities to be supported. "(2) PUBLIC COMMENT.—The description shall be made public within the State in such manner as to facilitate comment from any person (including any Federal or other public agency) during development of the description and after its transmittal. "(3) REVISIONS.—The description shall be revised (consistent with this section) throughout the year as may be necessary to reflect substantial changes in the programs and activities assisted by the State under this part. Any revision shall be subject to paragraph (2).

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