Page:United States Statutes at Large Volume 123.djvu/801

 123STA T .78 1 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9HumanServic e sd enies p ar t icipati o ninsuc h pro g ram to an other -w ise e l igi b le entit y( including a P rovider Sponsored O rgani z ation ) because the entity in f orms the Secretary that it will not provide , pay for, provide coverage of, or provide referrals for abortions
 * Provide

d, T hat the Secretary shall ma k e appropriate prospective ad j ustments to the capitation payment to such an entity (based on an actuarially sound estimate of the e x pected costs of providing the service to such entity ’ s enrollees): Provided fu r th er, That nothing in this section shall be construed to change the M edicare program’s coverage for such services and a Medicare A dvantage organization described in this section shall be responsible for informing enrollees where to obtain information about all Medicare covered services . S EC. 21 2. (a) E xcept as provided by subsection (e) none of the funds appropriated by this Act may be used to withhold sub- stance abuse funding from a State pursuant to section 1 9 2 6 of the Public Health Service Act if such State certifies to the Secretary of Health and Human Services by May 1, 2 0 09, that the State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State laws prohibiting the sale of tobacco products to individuals under 1 8 years of age. (b) The amount of funds to be committed by a State under subsection (a) shall be e q ual to 1 percent of such State’s substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary under section 1926 of such Act. (c) The State is to maintain State expenditures in fiscal year 2009 for tobacco prevention programs and for compliance activities at a level that is not less than the level of such expenditures maintained by the State for fiscal year 2008, and adding to that level the additional funds for tobacco compliance activities required under subsection (a). The State is to submit a report to the Secretary on all fiscal year 2008 State expenditures and all fiscal year 2009 obligations for tobacco prevention and compliance activities by pro- gram activity by J uly 3 1, 2009. (d) The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the certification described in subsection (a) as late as July 31, 2009. (e) N one of the funds appropriated by this Act may be used to withhold substance abuse funding pursuant to section 1926 of the Public Health Service Act from a territory that receives less than $ 1,000,000. SEC. 213. I n order for the D epartment of Health and Human Services to carry out international health activities, including HI V/ AIDS and other infectious disease, chronic and environmental dis- ease, and other health activities abroad during fiscal year 2009: (1) The Secretary of Health and Human Services may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department B asic Authori- ties Act of 19 5 6. The Secretary of Health and Human Services shall consult with the Secretary of State and relevant C hief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 20 7 of the F oreign Service Act of 1980 and other applicable statutes administered by the Department of State. (2) The Secretary of Health and Human Services is author- ized to provide such funds by advance or reimbursement to Reports.D e adlin e. Dr ug s and drug a b use. C erti f i c ation. Deadline. T obacco and tobacco products.