Page:United States Statutes at Large Volume 123.djvu/520

 123STA T .50 0 PUBLIC LA W 111 – 5 —FE B.1 7, 200 9(A)INGE NE RAL.—Subject t os ub par a g rap h s( B )a nd ( C ) , a State i snote l igible f or an increase in its FM A P under subsection (a), (b), or (c), or an increase in a cap a m ount under subsection (d), if eligibilit y standards, meth - odologies, or procedures under its State plan under title X IX of the Social Security Act (including any w ai v er under such title or under section 1 11 5 of such Act ( 42U .S.C. 1 3 15)) are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on J uly1,2 0 0 8 . (B) S T ATE RE I N S TATE M ENT OF ELIGI B ILIT YP ERMITTE D .— Subject to subparagraph (C), a State that has restricted eligibility standards, methodologies, or procedures under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) after July 1, 2008, is no longer ineligible under subparagraph (A) beginning with the first calendar q uarter in which the State has reinstated eligibility standards, methodologies, or proce- dures that are no more restrictive than the eligibility stand- ards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on July 1, 2008. (C) SPE C IAL R U LES.—A State shall not be ineligible under subparagraph (A)— (i) for the calendar quarters before July 1, 200 9, on the basis of a restriction that was applied after July 1, 2008, and before the date of the enactment of this Act, if the State prior to July 1, 2009, has reinstated eligibility standards, methodologies, or procedures that are no more restrictive than the eligi- bility standards, methodologies, or procedures, respec- tively, under such plan (or waiver) as in effect on July 1, 2008 or (ii) on the basis of a restriction that was directed to be made under State law as in effect on July 1, 2008, and would have been in effect as of such date, but for a delay in the effective date of a waiver under section 1115 of such Act with respect to such restric- tion. (2) COMPLIANCE W IT H PROMPT PAY RE Q UIREMENTS.— (A) APPLICATION TO PRACTITIONERS.— (i) IN GENERAL.—Subject to the succeeding provi- sions of this subparagraph, no State shall be eligible for an increased FMAP rate as provided under this section for any claim received by a State from a practi- tioner subject to the terms of section 1902(a)(3 7 )(A) of the Social Security Act (42 U.S.C. 139 6 a(a)(37)(A)) for such days during any period in which that State has failed to pay claims in accordance with such section as applied under title XIX of such Act. (ii) R EPORTING REQUIREMENT.— E ach State shall report to the Secretary, on a quarterly basis, its compli- ance with the requirements of clause (i) as such requirements pertain to claims made for covered serv- ices during each month of the preceding quarter. (iii) W AI V ER AUTHORITY.— T he Secretary may waive the application of clause (i) to a State, or the