Page:United States Statutes at Large Volume 91.djvu/1220

 9 1 STAT. 1186

42 USC 1396.

Evaluation procedures. Ante, p. 1184.

Ante, p. 1185.

PUBLIC LAW 95-142—OCT. 25, 1977 for administering or supervising the administration of the State plan approved under title X IX for the State in which the organization is located. " (2) Such plan and any such modification shall be submitted to the Governor of such State, at the time of its submission to the Secretary, for his comments. " (3) The Secretary, before making the findings described in subsection (b)(2) or a finding regarding the organization's capability to perform review of such services (as the case may b e), shall consider any such comments submitted to him by such Governor before the end of the thirty-day period beginning on the date of submission of the plan or of any such modification (as the case may be). " (4) If, after considering such comments, the Secretary intends to make findings which are adverse to such comments, the Secretary shall provide the Governor making such comments with the opportunity to submit additional evidence and comments on such intended findings during a period of not less than thirty days ending before the findings became effective.". (C) Section 1154 of such Act (as amended by subsection (b)(2) of this section) is further amended by adding after subsection (d) the following new subsection: " (e) I n determining whether an organization designated on a conditional basis as the Professional Standard s Review Organization for any area is substantially carrying out its duties in a satisfactory manner and should be considered a qualified organization, the Secretary shall follow the procedures specified in section 1152(h) (concerning the Secretary's consideration of comments of the Governor of the State in which the organization is located).". (D) Part B of title X I of such Act is amended by adding after section 1170 the following new section: MEMORANDUMS OF UNDERSTANDING; FEDERAL-STATE RELATIONS GENERALLY

42 USC

" SEC. 1171. (a)(1) Except as provided in paragraph (2), no determination made by a Professional Standard s Review Organization 1320C-20. 42 USC 1320c-^. pursuant to paragraph s (1) and (2) of section 1155(a) in connection with reviews shall constitute conclusive determinations under section Ante, p. 1185. 1158(c) for purposes of payment under title X IX, unless such orga42 USC 1396. nization has entered into a memorandum of understanding, approved by the Secretary, with the single State agency responsible for administering or supervising the administration of the State plan approved under title X IX for the State in which the organization is located (hereinafter in this section referred to as the 'State agency') for the purpose of delineating the relationship between the organization and ,,... '. ( ».- ] the State agency and of providing for the exchange of data or information, and for administrative procedures, coordination mechanisms, and modification of the memorandum at any time that additional responsibility for review by the organization is authorized by the Secretary. Waiver. " (2) The requirement of paragraph (1) may be waived by the Secretary if (A) the State agency indicates to the Secretary that it does not wish to enter into a memorandum of understanding with the organization involved, or (B) the Secretary finds that the State agency has refused to negotiate in good faith or in a timely manner with the organization involved.

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