Page:United States Statutes at Large Volume 122.djvu/2616

 12 2 STA T . 2 593PUBLIC LA W 11 0– 2 7 5 —J UL Y 15, 200 8reconsid er at ion o f t h e disa l lo w ance ,p ro v ided that s u ch re q uest is m ade durin g the 60- da y period that b egins on the date the S tate receives notice of the disallowance .‘ ‘ (2) ( A ) A State may appeal a disallowance of a claim for federal financial participation under title XI X by the Secretary, or an unfavorable reconsideration of a disallowance, during the 60-day period that begins on the date the State receives notice of the disallowance or of the unfavorable reconsideration, in whole or in part, to the D epartmental Appeals B oard, established in the Department of H ealth and Human Services (in this paragraph referred to as the ‘Board ’ ), by filing a notice of appeal with the Board. ‘‘(B) T he Board shall consider a State’s appeal of a disallowance of such a claim (or of an unfavorable reconsideration of a disallow- ance) on the basis of such documentation as the State may submit and as the Board may require to support the final decision of the Board. In deciding whether to uphold a disallowance of such a claim or any portion thereof, the Board shall be bound by all applicable laws and regulations and shall conduct a thorough review of the issues, ta k ing into account all relevant evidence. The Board’s decision of an appeal under subparagraph (A) shall be the final decision of the Secretary and shall be sub j ect to reconsideration by the Board only upon motion of either party filed during the 60-day period that begins on the date of the Board’s decision or to judicial review in accordance with subparagraph ( C ). ‘‘(C) A State may obtain judicial review of a decision of the Board by filing an action in any U nited States District Court located within the appealing State (or, if several States jointly appeal the disallowance of claims for F ederal financial participation under section 19 0 3, in any United States District Court that is located within any State that is a party to the appeal) or the United States District Court for the District of Columbia. Such an action may only be filed — ‘‘(i) if no motion for reconsideration was filed within the 60-day period specified in subparagraph (B), during such 60- day period or ‘‘(ii) if such a motion was filed within such period, during the 60-day period that begins on the date of the Board’s decision on such motion.’’. (b) C ONF O RMI N G AM E N D MEN T .—Section 1116(d) of such Act ( 4 2 U.S.C. 1316(d)) is amended by striking ‘‘or XIX,’’. (c) E FFE C TI V ED A TE.—The amendments made by this section take effect on the date of the enactment of this Act and apply to any disallowance of a claim for Federal financial participation under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) made on or after such date or during the 60-day period prior to such date. SEC.205 .C OUNTYM E DI C A ID H EA L TH INSU R IN G ORGANI Z ATIONS. (a) IN G ENERA L .—Section 9 5 1 7 (c)(3) of the Consolidated O mni- bus Budget R econciliation Act of 19 8 5 (42 U.S.C. 1396b note), as added by section 4734 of the Omnibus Budget Reconciliation Act of 1990 and as amended by section 704 of the M edicare, Med- icaid, and SCHI P Benefits Improvement and Protection Act of 2000, is amended— 42USC13 1 6note.

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