Page:United States Statutes at Large Volume 119.djvu/1998

 119 STAT. 1980

Deadline. Federal Register, publication.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–60—AUG. 11, 2005

‘‘(B) ADDITIONAL AMOUNTS.—In making payments under a grant under paragraph (1) for a fiscal year, the Secretary shall allocate to each State with an application approved under this section an additional amount which bears the same ratio to the amount appropriated to carry out this section for that fiscal year and remaining after amounts are made available under subparagraph (A) as the number of pharmacies of the State bears to the number of pharmacies of all States with applications approved under this section (as determined by the Secretary), except that the Secretary may adjust the amount allocated to a State under this subparagraph after taking into consideration the budget cost estimate for the State’s controlled substance monitoring program. ‘‘(3) TERM OF GRANTS.—Grants awarded under this section shall be obligated in the year in which funds are allotted. ‘‘(b) DEVELOPMENT OF MINIMUM REQUIREMENTS.—Prior to awarding a grant under this section, and not later than 6 months after the date on which funds are first appropriated to carry out this section, after seeking consultation with States and other interested parties, the Secretary shall, after publishing in the Federal Register proposed minimum requirements and receiving public comments, establish minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A). ‘‘(c) APPLICATION APPROVAL PROCESS.— ‘‘(1) IN GENERAL.—To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such assurances and information as the Secretary may reasonably require. Each such application shall include— ‘‘(A) with respect to a State that intends to use funds under the grant as provided for in subsection (a)(1)(A)— ‘‘(i) a budget cost estimate for the controlled substance monitoring program to be implemented under the grant; ‘‘(ii) criteria for security for information handling and for the database maintained by the State under subsection (e) generally including efforts to use appropriate encryption technology or other appropriate technology to protect the security of such information; ‘‘(iii) an agreement to adopt health information interoperability standards, including health vocabulary and messaging standards, that are consistent with any such standards generated or identified by the Secretary or his or her designee; ‘‘(iv) criteria for meeting the uniform electronic format requirement of subsection (h); ‘‘(v) criteria for availability of information and limitation on access to program personnel; ‘‘(vi) criteria for access to the database, and procedures to ensure that information in the database is accurate; ‘‘(vii) criteria for the use and disclosure of information, including a description of the certification process to be applied to requests for information under subsection (f);

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