42 U.S.C. § 1396c: Operation of State plans

Summary

After giving the State agency reasonable notice and a chance for a hearing, the Secretary must stop federal payments to a State if the approved State plan no longer meets section 1396a or is not being followed in a major way. The Secretary may instead limit payments to parts of the plan that are not affected until the problem is fixed.

Title 42, §1396c

The Public Health and Welfare, Source: USLM XML via OLRC

If the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this subchapter, finds—

(1)that the plan has been so changed that it no longer complies with the provisions of section 1396a of this title; or

(2)that in the administration of the plan there is a failure to comply substantially with any such provision;

the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure), until the Secretary is satisfied that there will no longer be any such failure to comply. Until he is so satisfied he shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure).

Editorial Notes

ConstitutionalityFor information regarding the constitutionality of section 121(a) of Pub. L. 89–97, enacting this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

§1396c Operation of State Plans

Summary

Title 42, §1396c

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata