Page:United States Statutes at Large Volume 103 Part 3.djvu/387

 PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2455 "(A) IN GENERAL.—The State may seek review by the Panel of any difference case, within the time period pre- scribed in regulations issued under subsection (h)(3). "(B) PROCEDURAL RULES.— The State and the Secretary may submit such documentation to the Panel as the State or the Secretary finds appropriate to substantiate its posi- tion. The findings of the Panel shall be made on the record, Records, within the time period prescribed in regulations issued under subsection (h)(4). " (C) STATUS OP DECISIONS OP THE QUALITY CONTROL REVIEW PANEL.— The decisions of the Panel shall constitute the decisions of the Secretary for purposes of establishing the State's error rate for the fiscal year. " (D) APPEALABILITY OF DECISIONS OP THE QUAUTY CONTROL REVIEW PANEL. — The docisions of the Panel shall not be appealable, except as provided in subsection (k). '(c) IDENTIFICATION OP ERRONEOUS PAYMENTS.— "(1) APPLY PROVISIONS OP STATE PLAN. —Except as provided in paragraph (2), in determining whether a payment is an erro- neous payment, the State and the Secretary shall apply all relevant provisions of the State plan approved under this part. " (2) TREATMENT OP PROVISIONS OF STATE PLAN THAT ARE INCONSISTENT WITH FEDERAL LAW.— "(A) IN GENERAL. —If a provision of a State plan approved under this part is inconsistent with a provision of Federal law or regulations, and the Secretary has notified the State of the inconsistency, the provision of Federal law or regula- tions shall control. "(B) EXCEPTION. —Subparagraph (A) shall not apply with respect to a payment of the State if^ "(i) it is necessary for the State to enact a law in order to remove an inconsistency described in subpara- graph (A), the Secretary has advised the State that the State will be allowed a reasonable period in which to J enact such a law, and the payment was made during such period; or "(ii) the State agency made the payment in compli- ance with a court order. "(3) CERTAIN PAYMENTS NOT CONSIDERED ERRONEOUS. — For purposes of this section, a payment by a State shall not be considered an erroneous payment if the payment is in error solely by reason of— "(A) the State's failure to implement properly changes in Federal statute within 6 months after the effective date of such changes or, if later, 6 months after the issuance of final regulations (including regulations in interim final form) if such regulations are reasonably necessary to con- strue or apply the Federal statutory change; "(B) the State's reliance upon and correct use of erro- neous information provided by the Secretary about matters of fact; "(C) the State's reliance upon and correct use of written statements of Federal policy provided to the State by the Secretary; "(D) the occurrence of an event in the State that—

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