Page:United States Statutes at Large Volume 106 Part 1.djvu/370

 106 STAT. 338 PUBLIC LAW 102-321—JULY 10, 1992 .;;: i "(B) in the case of the services that are appropriate, ensuring that the services Eire provided in a coordinated manner; and "(C) assistance in establishing eligibility for assistance under Federal, State, and local programs providing health services, mental health services, housing services, employ- ment services, educational services, or social services. "(e) MINIMUM QUALIFICATIONS FOR RECEIPT OF AWARD.— "(1) CERTIFICATION BY RELEVANT STATE AGENCY.— With respect to the principal agency of the State involved that administers programs relating to substance abuse, the Director may make an award under subsection (a) to an applicant only if the agency has certified to the Director that— "(A) the applicant has the capacity to carry out a program described in subsection (a); "(B) the plans of the applicant for such a program are consistent with the policies of such agency regarding the treatment of substance abuse; and "(C) the applicant, or any entity through which the applicant will provide authorized services, meets all applicable State licensure or certification requirements regarding the provision of the services involved. "(2) STATUS AS MEDICAID PROVIDER.— "(A) Subject to subparagraphs (B) and (C), the Director may make an award under subsection (a) only if, in the case of any authorized service that is available pursuant to the State plan approved under title XDC of the Social Security Act for the State involved— "(i) the applicant for the award will provide the service directly, and the appliceint has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or "(ii) the applicant will enter into an agreement with a public or nonprofit private entity under which the entity will provide the service, and the entity has entered into such a participation agreement plan and is qualified to receive such pa3maents. "(B)(i) In the case of an entity making an agreement pursuant to subparagraph (A)(ii) regarding the provision of services, the requirement established in such subparagraph regarding a participation agreement shall be waived by the Director if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits plan. "(ii) A determination by the Director of whether an entity referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the entity accepts volimtsiry donations regarding the provision of services to the public. "(C) With respect to any authorized service that is available pursuant to the State plan described in subparagraph (A), the requirements established in such subparagraph shall not apply to the provision of any such service by an institution for mental diseases to an individual who has attained 21 years of age and who has not attained

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