§1397ff Process for Submission, Approval, and Amendment of State Child Health Plans

Summary

States must send a child health plan to the Secretary to get federal payments under section 1397ee(a) or (g). The Secretary will approve the plan unless she says otherwise, and the plan takes effect on a calendar quarter the State picks but not before October 1, 1997. A State can change its plan anytime by sending an amendment. If an amendment cuts or limits who can get benefits or what benefits are offered, the State must give public notice under its own law and the change cannot stay in effect longer than 60 days unless the amendment is sent to the Secretary before that 60 days ends. Other changes that start in a State fiscal year cannot stay in effect past the end of that year (or, if later, past 90 days after they start) unless sent to the Secretary. The Secretary must review plans and amendments quickly. If the Secretary does not disapprove or ask for more information within 90 days of receiving a plan or amendment, it is treated as approved. If the Secretary disapproves, she must explain why and give the State a fair chance to fix the problem before taking money away. States must run the program the way the approved plan says and follow the law. The Secretary can withhold funds for serious failure to follow the rules, but must allow the State a chance to correct the problem first. An approved plan stays in effect until the State amends it or the Secretary finds serious noncompliance.