Page:United States Statutes at Large Volume 88 Part 2.djvu/1025

 88 STAT. ]

PUBLIC LAW 93-647-JAN. 4, 1975

" (i) exceeds the lower of— " (I) 80 per centum of the median income of a family of four in the State, or " ( II) the median income of a family of four in the fifty States and the District of Columbia, adjusted, in accordance with regulations prescribed by the Secretary, to take into account the size of the family, and "(ii) does not exceed 115 per centum of the median income of a family of four in the State, adjusted, in accordance with regulations prescribed by the Secretary, to take into account the size of the family, unless a fee or other charge reasonably related to income is imposed on the individual for the provision of the service. The Secretary shall promulgate the median income of a family of four in each State and the fifty States and the District of Columbia applicable to payments with respect to expenditures in each fiscal year prior to the first day of the third month of the preceding fiscal year. "(7) No payment may be made under this section to any State with respect to any expenditure— " (A) for the provision of medical or any other remedial care, other than family planning services, unless it is an integral but subordinate part of a service described in paragraph (1) of this subsection and Federal financial participation with respect to the expenditure is not available under the plan of the State approved under title X IX; or " (B) for the purchase, construction, or major modification of any land, building or other facility, or fixed equipment; or (C) which is in the form of goods or services provided in kind by a private entity; or " (D) which is made from donated private funds, unless such funds—• " (i) are transferred to the State and are under its administrative control, and "(ii) are donated to the State without restrictions as to use, other than restrictions as to the services with respect to which the funds are to be used imposed by a donor who is not a sponsor or operator of a program to provide those services, or the geographic area in which the services with respect to which the contribution is used are to be provided, and "(iii) do not revert to the donor's facility or use if the donor is other than a nonprofit organization; or " (E) for the provision of room or board (except as provided by paragraph (11)(C)) other than room or board provided for a period of not more than six consecutive months as an integral but subordinate part of a service described in paragraph (1) of this subsection.

38-194 O - 76 - 65 Pt. 2

2341

^2 USC 1396.

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