Source
(Aug. 14, 1935, ch. 531, title XXI, § 2104, as added Pub. L. 105–33, title IV, § 4901(a), Aug. 5, 1997, 111 Stat. 558; amended Pub. L. 105–100, title I, § 162(6), (8), Nov. 19, 1997, 111 Stat. 2189, 2190; Pub. L. 105–277, div. A, § 101(f) [title VII, § 706], Oct. 21, 1998, 112 Stat. 2681–337, 2681–389; Pub. L. 106–113, div. B, § 1000(a)(6) [title VII, §§ 701(a),
702,
705
(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–399, 1501A–400, 1501A–402; Pub. L. 106–554, § 1(a)(6) [title VIII, §§ 801(a),
802
(b), (d)(3)], Dec. 21, 2000, 114 Stat. 2763, 2763A–578, 2763A–581; Pub. L. 108–74, § 1(a)(1)–(3), Aug. 15, 2003, 117 Stat. 892, 893; Pub. L. 108–173, title IX, § 900(e)(1)(M), Dec. 8, 2003, 117 Stat. 2372; Pub. L. 109–171, title VI, § 6101(a), (b), Feb. 8, 2006, 120 Stat. 130, 131; Pub. L. 109–482, title II, § 201(a), Jan. 15, 2007, 120 Stat. 3698; Pub. L. 110–28, title VII, § 7001, May 25, 2007, 121 Stat. 186; Pub. L. 110–92, § 136(c), Sept. 29, 2007, 121 Stat. 994; Pub. L. 110–173, title II, § 201(a)(1), (c)(1), Dec. 29, 2007, 121 Stat. 2509, 2510.)
Amendments
2007—Subsec. (a)(11).
Pub. L. 110–173, § 201(a)(1)(A), added par. (11).
Subsec. (c)(4)(B).
Pub. L. 110–173, § 201(a)(1)(B), substituted “for each of fiscal years 2007 through 2009” for “for fiscal year 2007”.
Subsec. (h).
Pub. L. 109–482 added subsec. (h).
Subsec. (h)(1)(B).
Pub. L. 110–28, § 7001(b)(1), struck out “subject to paragraph (4)(B) and” after “estimates,” in introductory provisions.
Subsec. (h)(2).
Pub. L. 110–28, § 7001(a)(1), (b)(2), substituted “part” for “remainder of reduction” in heading and struck out “subject to paragraph (4)(B) and” after “estimates,” in introductory provisions of subpar. (B).
Subsec. (h)(4).
Pub. L. 110–28, § 7001(a)(2), added par. (4) and struck out former par. (4). Former text read as follows:
“(A) Expenditures limited to coverage for populations eligible on october 1, 2006.—A State shall use amounts redistributed under this subsection only for expenditures for providing child health assistance or other health benefits coverage for populations eligible for such assistance or benefits under the State child health plan (including under a waiver of such plan) on October 1, 2006.
“(B) Regular fmap for expenditures for coverage of nonchild populations.—To the extent a State uses amounts redistributed under this subsection for expenditures for providing child health assistance or other health benefits coverage to an individual who is not a child or a pregnant woman, the Federal medical assistance percentage (as defined in the first sentence of section
1396d
(b) of this title) applicable to the State for the fiscal year shall apply to such expenditures for purposes of making payments to the State under subsection (a) of section
1397ee of this title from such amounts.”
Subsec. (h)(5)(A).
Pub. L. 110–28, § 7001(b)(3), substituted “(3), and (4)” for “and (3)”.
Subsec. (h)(6).
Pub. L. 110–28, § 7001(b)(4), inserted “or allotted” after “redistributed” and “or allotments” after “redistributions” in first sentence and substituted “(3), and (4)” for “and (3)” in second sentence.
Subsec. (i).
Pub. L. 110–92 added subsec. (i).
Subsec. (j) to (l).
Pub. L. 110–173, § 201(c)(1), added subsecs. (j) to (l).
2006—Subsec. (a).
Pub. L. 109–171, § 6101(b)(1), inserted “subject to subsection (d),” after “under this section,” in introductory provisions.
Subsec. (b)(1).
Pub. L. 109–171, § 6101(b)(2), inserted “and subsection (d)” after “Subject to paragraph (4)” in introductory provisions.
Subsec. (c)(1).
Pub. L. 109–171, § 6101(b)(3), inserted “subject to subsection (d),” after “for a fiscal year,”.
Subsec. (d).
Pub. L. 109–171, § 6101(a), added subsec. (d).
2003—Subsec. (g).
Pub. L. 108–74, § 1(a)(2)(C)(i), (3)(C)(i), substituted “, 1999, 2000, and 2001” for “and 1999” in heading.
Subsec. (g)(1)(A).
Pub. L. 108–74, § 1(a)(3)(B)(i), (ii), inserted “or for fiscal year 2001 by the end of fiscal year 2003,” after “fiscal year 2002,” and substituted “1999, 2000, or 2001” for “1999, or 2000”.
Pub. L. 108–74, § 1(a)(2)(B)(i), (ii), inserted “or for fiscal year 2000 by the end of fiscal year 2002,” after “fiscal year 2001,” and substituted “1998, 1999, or 2000” for “1998 or 1999”.
Subsec. (g)(1)(A)(i)(III).
Pub. L. 108–74, § 1(a)(2)(B)(iii), added subclause (III).
Subsec. (g)(1)(A)(i)(IV).
Pub. L. 108–74, § 1(a)(3)(B)(iii), added subcl. (IV).
Subsec. (g)(1)(A)(ii).
Pub. L. 108–74, § 1(a)(3)(B)(iv), substituted “2000, or 2001” for “or 2000”.
Pub. L. 108–74, § 1(a)(2)(B)(iv), substituted “, 1999, or 2000” for “or 1999”.
Subsec. (g)(1)(B).
Pub. L. 108–74, § 1(a)(2)(B)(v), struck out “with respect to fiscal year 1998 or 1999” after “paragraph” in introductory provisions.
Subsec. (g)(1)(B)(ii).
Pub. L. 108–74, § 1(a)(2)(B)(vi), inserted “with respect to fiscal year 1998, 1999, or 2000” after “subsection (e) of this section,” and substituted “2004” for “2002”.
Subsec. (g)(1)(B)(iii), (iv).
Pub. L. 108–74, § 1(a)(3)(B)(v), added clause (iii) and redesignated former cl. (iii) as (iv).
Subsec. (g)(1)(C).
Pub. L. 108–74, § 1(a)(2)(B)(vii), added subpar. (C).
Subsec. (g)(1)(D).
Pub. L. 108–74, § 1(a)(3)(B)(vi), added subpar. (D).
Subsec. (g)(2).
Pub. L. 108–74, § 1(a)(2)(A)(i), (3)(A)(i), substituted “through 2001” for “and 1999” in heading.
Subsec. (g)(2)(A)(i), (ii).
Pub. L. 108–74, § 1(a)(1), substituted “fiscal year 2004” for “fiscal year 2002”.
Subsec. (g)(2)(A)(iii).
Pub. L. 108–74, § 1(a)(2)(A)(ii), added cl. (iii).
Subsec. (g)(2)(A)(iv).
Pub. L. 108–74, § 1(a)(3)(A)(ii), added cl. (iv).
Subsec. (g)(3).
Pub. L. 108–173 inserted “or CMS Form
64 or CMS Form
21, as the case may be,” after “HCFA Form
64 or HCFA Form
21”.
Pub. L. 108–74, § 1(a)(3)(C)(ii), substituted “fiscal year 2000, or fiscal year 2001” for “or fiscal year 2000” and “November 30, 2002, or November 30, 2003,” for “or November 30, 2002,”.
Pub. L. 108–74, § 1(a)(2)(C)(ii), substituted “, fiscal year 1999, or fiscal year 2000” for “or fiscal year 1999” and “November 30, 2001, or November 30, 2002” for “or November 30, 2001”.
2000—Subsec. (b)(1).
Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(d)(3)(A)], in introductory provisions, struck out “and subsection (d) of this section” after “Subject to paragraph (4)”.
Subsec. (c)(1).
Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(d)(3)(B)], struck out “subject to subsection (d) of this section,” after “for a fiscal year,”.
Subsec. (d).
Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(b)], struck out heading and text of subsec. (d). Text read as follows: “The amount of the allotment otherwise provided to a State under subsection (b) or (c) of this section for a fiscal year shall be reduced by the sum of—
“(1) the amount (if any) of the payments made to that State under section
1396b
(a) of this title for expenditures claimed by the State during such fiscal year that is attributable to the provision of medical assistance to a child during a presumptive eligibility period under section
1396r–1a of this title, and
“(2) the amount (if any) of the payments made to that State under section
1396b
(a) of this title for expenditures claimed by the State during such fiscal year that is attributable to the provision of medical assistance to a child for which payment is made under section
1396b
(a)(1) of this title on the basis of an enhanced FMAP under the fourth sentence of section
1396d
(b) of this title.”
Subsec. (g).
Pub. L. 106–554, § 1(a)(6) [title VIII, § 801(a)], added subsec. (g).
1999—Subsec. (b)(2)(A)(i).
Pub. L. 106–113, § 1000(a)(6) [title VII, § 701(a)(1)(A)], substituted “and 1999” for “through 2000”.
Subsec. (b)(2)(A)(ii).
Pub. L. 106–113, § 1000(a)(6) [title VII, § 701(a)(1)(B)], substituted “2000” for “2001” in introductory provisions.
Subsec. (b)(2)(B).
Pub. L. 106–113, § 1000(a)(6) [title VII, § 701(a)(3)], substituted “the calendar year in which such fiscal year begins” for “the fiscal year”.
Subsec. (b)(3)(B).
Pub. L. 106–113, § 1000(a)(6) [title VII, § 705(a)], substituted “all the States,” for “all the States.”
Pub. L. 106–113, § 1000(a)(6) [title VII, § 701(a)(4)], substituted “the calendar year in which such fiscal year begins” for “the fiscal year involved”.
Subsec. (b)(4).
Pub. L. 106–113, § 1000(a)(6) [title VII, § 701(a)(2)], amended heading and text of par. (4) generally. Prior to amendment, text read as follows: “In no case shall the amount of the allotment under this subsection for one of the 50 States or the District of Columbia for a year be less than $2,000,000. To the extent that the application of the previous sentence results in an increase in the allotment to a State above the amount otherwise provided, the allotments for the other States and the District of Columbia under this subsection shall be reduced in a pro rata manner (but not below $2,000,000) so that the total of such allotments in a fiscal year does not exceed the amount otherwise provided for allotment under paragraph (1) for that fiscal year.”
Subsec. (c)(4)(B).
Pub. L. 106–113, § 1000(a)(6) [title VII, § 702], inserted before period at end “, $34,200,000 for each of fiscal years 2000 and 2001, $25,200,000 for each of fiscal years 2002 through 2004, $32,400,000 for each of fiscal years 2005 and 2006, and $40,000,000 for fiscal year 2007”.
1998—Subsec. (b)(1).
Pub. L. 105–277, § 101(f) [title VII, § 706(b)], inserted “(determined without regard to paragraph (4) thereof)” after “subsection (c) of this section”.
Subsec. (c)(4).
Pub. L. 105–277, § 101(f) [title VII, § 706(a)], added par. (4).
1997—Subsec. (a)(1).
Pub. L. 105–100, § 162(8)(A), substituted “$4,295,000,000” for “$4,275,000,000”.
Subsec. (b)(4).
Pub. L. 105–100, § 162(8)(B), substituted “In” for “Subject to paragraph (5), in”.
Subsec. (c)(2)(C).
Pub. L. 105–100, § 162(8)(C), inserted “the” before “Virgin Islands”.
Subsec. (c)(3)(C), (E).
Pub. L. 105–100, § 162(8)(C), substituted “The” for “the”.
Subsec. (d)(1).
Pub. L. 105–100, § 162(6)(A), substituted “for expenditures claimed by the State” for “for calendar quarters”.
Subsec. (d)(2).
Pub. L. 105–100, § 162(6)(B), added par. (2) and struck out former par. (2) which read as follows: “the amount of payments under such section during such period that is attributable to the provision of medical assistance to a child for which payment is made under section
1396b
(a)(1) of this title on the basis of an enhanced FMAP under section
1396d
(b) of this title.”
Termination Date of 2007 Amendment
Pub. L. 110–92, § 136(e), Sept. 29, 2007,
121 Stat. 995, which provided that the amendments made by subsecs. (c) and (d) of section
136, amending this section and section
1397ee of this title, were effective through Dec. 31, 2007, or, if earlier, the date of the enactment of an Act that provides funding for fiscal year 2008 and for one or more subsequent fiscal years for the Children’s Health Insurance Program under this subchapter, was repealed by
Pub. L. 110–173, title II, § 201(b)(3), Dec. 29, 2007,
121 Stat. 2510.
Effective Date of 2006 Amendment
Pub. L. 109–171, title VI, § 6101(c), Feb. 8, 2006,
120 Stat. 131, provided that: “The amendments made by this section [amending this section] apply to items and services furnished on or after October 1, 2005, without regard to whether or not regulations implementing such amendments have been issued.”
Effective Date of 2003 Amendment
Pub. L. 108–74, § 1(a)(4), Aug. 15, 2003,
117 Stat. 895, provided that: “This subsection [amending this section], and the amendments made by this subsection, shall be effective as if this subsection had been enacted on September 30, 2002, and amounts under title XXI of the Social Security Act (
42 U.S.C.
1397aa et seq.) from allotments for fiscal years 1998 through 2000 are available for expenditure on and after October 1, 2002, under the amendments made by this subsection as if this subsection had been enacted on September 30, 2002.”
Effective Date of 2000 Amendment
Pub. L. 106–554, § 1(a)(6) [title VIII, § 801(b)], Dec. 21, 2000,
114 Stat. 2763, 2763A–580, provided that: “The amendments made by this section [amending this section] shall take effect as if included in the enactment of section 4901 of BBA [
Pub. L. 105–33] (
111 Stat. 552).”
Amendment by section 802(b), (d)(3) of
Pub. L. 106–554 effective as if included in the enactment of section 4901 of
Pub. L. 105–33, see section
1
(a)(6) [title VIII, § 802(f)] of
Pub. L. 106–554, set out as a note under section
1396d of this title.
Effective Date of 1999 Amendment
Pub. L. 106–113, div. B, § 1000(a)(6) [title VII, § 701(b)], Nov. 29, 1999,
113 Stat. 1536, 1501A–400, provided that: “The amendments made by this section [amending this section] apply to allotments determined under title XXI of the Social Security Act (
42 U.S.C.
1397aa et seq.) for fiscal year 2000 and each fiscal year thereafter.”
Effective Date of 1997 Amendment
Section 162 of
Pub. L. 105–100 provided that the amendment made by that section is effective as if included in the enactment of subtitle J (§§ 4901–4923) of title IV of the Balanced Budget Act of 1997,
Pub. L. 105–33.
Authority To Transfer Subchapter XXI Appropriations to Subchapter XIX Appropriation Account as Reimbursement for Medicaid Expenditures for Medicaid Expansion SCHIP Services
Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(c)], Dec. 21, 2000,
114 Stat. 2763, 2763A–581, provided that: “Notwithstanding any other provision of law, all amounts appropriated under title XXI [of the Social Security Act, this subchapter] and allotted to a State pursuant to subsection (b) or (c) of section
2104 of the Social Security Act (
42 U.S.C.
1397dd) for fiscal years 1998 through 2000 (including any amounts that, but for this provision, would be considered to have expired) and not expended in providing child health assistance or related services for which payment may be made pursuant to subparagraph (C) or (D) of section 2105(a)(1) of such Act (
42 U.S.C.
1397ee
(a)(1)) (as amended by subsection (a)), shall be available to reimburse the Grants to States for Medicaid account in an amount equal to the total payments made to such State under section 1903(a) of such Act (
42 U.S.C.
1396b
(a)) for expenditures in such years for medical assistance described in subparagraphs (A) and (B) of section 2105(a)(1) of such Act (
42 U.S.C.
1397ee
(a)(1)) (as so amended).”
Determination of Number of Children and State Cost Factors for Fiscal Years 1998 and 1999
Pub. L. 105–277, div. A, § 101(f) [title VII, § 707], Oct. 21, 1998,
112 Stat. 2681–337, 2681–389, provided that: “Notwithstanding any other provision of law, for purposes of determining the product under section 2104(b)(1)(A) of the Social Security Act (
42 U.S.C.
1397dd
(b)(1)(A)) for a State for each of fiscal years 1998 and 1999—
“(1) the number of children under clause (i) of such section shall be the number of low-income children specified for the State in Column B of the table on pages 48101–48102 of the Federal Register published on September 12, 1997, adjusted by the Census Bureau as necessary to treat children as being without health insurance if they have access to health care funded by the Indian Health Service but do not have health insurance; and
“(2) the State cost factor under clause (ii) of such section shall be the State cost factor specified for the State in Column C of such table.”