Page:United States Statutes at Large Volume 111 Part 1.djvu/587

 PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 563 the purchase, in whole or in part, of health benefit coverage that includes coverage of abortion. " (B) EXCEPTION. — Subparagraph (A) shall not apply to an abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. "(C) RULE OF CONSTRUCTION. —Nothing in this section shall be construed as affecting the expenditure by a State, locality, or private person or entity of State, local, or private funds (other than funds expended under the State plan) for any abortion or for health benefits coverage that includes coverage of abortion. " (d) MAINTENANCE OF EFFORT. — "(1) IN MEDICAID ELIGIBILITY STANDARDS.— No payment may be made under subsection (a) with respect to child health assistance provided under a State child health plan if the State adopts income and resource standards and methodologies for purposes of determining a child's eligibility for medical assistance under the State plan under title XIX that are more restrictive than those applied as of June 1, 1997. " (2) IN AMOUNTS OF PAYMENT EXPENDED FOR CERTAIN STATE-FUNDED HEALTH INSURANCE PROGRAMS FOR CHILDREN. — "(A) IN GENERAL.— The amount of the allotment for a State in a fiscal year (beginning with fiscal year 1999) shall be reduced by the amount by which— "(i) the total of the State children's health insurance expenditures in the preceding fiscal year, is less than "(ii) the total of such expenditures in fiscal year 1996. "(B) STATE CHILDREN'S HEALTH INSURANCE EXPENDI- TURES. —The term 'State children's health insurance expenditures' means the following: "(i) The State share of expenditures under this title. "(ii) The State share of expenditures under title XIX that are attributable to an enhanced FMAP under section 1905(u). "(iii) State expenditures under health benefits coverage under an existing comprehensive State-based program, described section 2103(d). " (e) ADVANCE PAYMENT; RETROSPECTIVE ADJUSTMENT. —The Secretary may make payments under this section for each quarter on the basis of advance estimates of expenditures submitted by the State and such other investigation as the Secretary may find necessary, and may reduce or increase the payments as necessary to adjust for any overpayment or underpayment for prior quarters. "SEC. 2106. PROCESS FOR SUBMISSION, APPROVAL, AND AMENDMENT 42 USC 1397ff. OF STATE CHILD HEALTH PLANS. "(a) INITIAL PLAN. — "(1) IN GENERAL. —As a condition of receiving payment under section 2105, a State shall submit to the Secretary a State child health plan that meets the applicable requirements of this title. "(2) APPROVAL. — Except as the Secretary may provide under subsection (e), a State plan submitted under paragraph (1)—

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