Page:United States Statutes at Large Volume 122.djvu/2416

 12 2 STA T . 2 39 3 PUBLIC LA W 11 0– 2 5 2 —J U NE 30, 200 8provide d t o aS tate un der s u b se c tion ( b ) ( 1 )s h a l lre m ain e f fective until the earliest of —‘ ‘(1) the renderin g of a final adverse decision on the applicant ’ s application for medical assistance under the State’s plan under this title ‘‘( 2 ) the cessation of the recipient’s eligibilit y for such med - ical assistance; or ‘‘( 3 )thee x press revocation by the applicant or recipient (or such other person described in subsection (b)(1), as applicable) of the authori z ation, in a w ritten notification to the State . ‘‘(d) TREATM E N T OFRIGH TTO F INAN C IA LP RI V AC YA CT RE QU IRE- MENT S .— ‘‘(1) An authorization obtained by the State under sub- section (b)(1) shall be considered to meet the re q uirements of the Right to Financial Privacy Act for purposes of section 11 0 3(a) of such Act, and need not be furnished to the financial institution, notwithstanding section 110 4 (a) of such Act. ‘‘(2) The certification requirements of section 1103(b) of the Right to Financial Privacy Act shall not apply to requests by the State pursuant to an authorization provided under sub- section (b)(1). ‘‘(3) A request by the State pursuant to an authorization provided under subsection (b)(1) is deemed to meet the require- ments of section 1104(a)(3) of the Right to Financial Privacy Act and of section 1102 of such Act, relating to a reasonable description of financial records. ‘‘(e) REQUIRE DD ISCLOSURE.—The State shall inform any person who provides authorization pursuant to subsection (b)(1)(A) of the duration and scope of the authorization. ‘‘(f) REFUSAL OR REVOCATION OF AUTHORI Z ATION.— I fan applicant for, or recipient of, medical assistance under the State plan under this title (or such other person described in subsection (b)(1), as applicable) refuses to provide, or revo k es, any authoriza- tion made by the applicant or recipient (or such other person, as applicable) under subsection (b)(1)(A) for the State to obtain from any financial institution any financial record, the State may, on that basis, determine that the applicant or recipient is ineligible for medical assistance. ‘‘(g) U SE OF C ONTRACTOR.—For purposes of implementing an asset verification program under this section, a State may select and enter into a contract with a public or private entity meeting such criteria and qualifications as the State determines appropriate, consistent with requirements in regulations relating to general contracting provisions and with section 1 9 03(i)(2). In carrying out activities under such contract, such an entity shall be sub j ect to the same requirements and limitations on use and disclosure of information as would apply if the State were to carry out such activities directly. ‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall provide States with technical assistance to aid in implementation of an asset verification program under this section. ‘‘(i) RE P ORTS.—A State implementing an asset verification pro- gram under this section shall furnish to the Secretary such reports concerning the program, at such times, in such format, and con- taining such information as the Secretary determines appropriate. Notif i ca tio n.

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