Page:United States Statutes at Large Volume 123.djvu/60

 123STA T .40PUBLIC LA W 111 – 3 —FE B.4 , 200 9intoagre e m ent sw it h the I n d ian H ea l th S er v i c e , Indian T ri b es, Tribal O rgani z ations, and U rban Indian Organizations to p ro - vide o u treach, education regarding eligibilit y and bene f its, enrollment, and translation services when such services are appropriate .‘ ‘ (2)CONSTRUC T I ON. —N othing in paragraph ( 1 ) shall be construed as affecting arrangements entered into between States and the Indian Health Service, Indian Tribes, Tribal Organizations, or Urban Indian Organizations for such Service, Tribes, or Organizations to conduct administrative activities under such titles. ‘‘(b) REQ UIRE M ENT TO FA CI L ITATE COO P ERATION.—The Sec- retary, acting through the Centers for M edicare & Medicaid Serv- ices, shall ta k e such steps as are necessary to facilitate cooperation with, and agreements between, States and the Indian Health Service, Indian Tribes, Tribal Organizations, or Urban Indian Organizations with respect to the provision of health care items and services to Indians under the programs established under title X IX or XXI. ‘‘(c) D E F INITION OF IN D IAN INDIAN TRI B E; INDIAN HEALT HP RO- G RAM; TRIBAL ORGANI Z ATION; URBAN INDIAN ORGANIZATION.—In this section, the terms ‘Indian ’, ‘Indian Tribe’, ‘Indian Health Pro- gram’, ‘Tribal Organization’, and ‘Urban Indian Organization’ have the meanings given those terms in section 4 of the Indian Health Care Improvement A ct.’’. (b) NONAPPLICATION OF 1 0 PERCENT L IMIT ON OUTREACH AND CERTAIN OTHER EX PENDITURES.—Section 210 5 (c)(2) (42 U.S.C. 1 397 ee(c)(2)) is amended by adding at the end the following ‘‘(C) NONAPPLICATION TO CERTAIN EXPENDITURES.—The limitation under subparagraph (A) shall not apply with respect to the following e x penditures: ‘‘(i) EXPENDITURES TO INCREASE OUTREACH TO, AND THE ENROLLMENT OF, INDIAN CHILDREN UNDER THIS TITLE AND TITLE xix.—Expenditures for outreach activi- ties to families of Indian children likely to be eligible for child health assistance under the plan or medical assistance under the State plan under title XIX (or under a waiver of such plan), to inform such families of the availability of, and to assist them in enrolling their children in, such plans, including such activities conducted under grants, contracts, or agreements entered into under section 1139(a).’’. SEC.203 .S TA TE OP T I O N TO R E LY ON F IN D IN G S FRO M ANE X PRESS LANE AGENCY TO COND U CT SIMPLIFIED ELIGI B ILITY DETERMINATIONS. (a) APPLICATION UNDER MEDICAID AND CHIP PROGRAMS.— (1) MEDICAID.—Section 1902(e) (42 U.S.C. 139 6 a(e)) is amended by adding at the end the following: ‘‘(13) EXPRESS LANE OPTION.— ‘‘(A) IN GENERAL.— ‘‘(i) OPTION TO USE A FINDING FROM AN EXPRESS LANE AGENC Y .—At the option of the State, the State plan may provide that in determining eligibility under this title for a child (as defined in subparagraph ( G )), the State may rely on a finding made within a reasonable period (as determined by the State) from an Express Lane agency