Source
(Aug. 14, 1935, ch. 531, title XXI, § 2105, as added Pub. L. 105–33, title IV, § 4901(a), Aug. 5, 1997, 111 Stat. 560; amended Pub. L. 105–100, title I, § 162(5), (7), Nov. 19, 1997, 111 Stat. 2189, 2190; Pub. L. 106–113, div. B, § 1000(a)(6) [title VII, § 705(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–402; Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(a), (d)(4), (e)], Dec. 21, 2000, 114 Stat. 2763, 2763A–580 to 2763A–582; Pub. L. 108–74, § 1(b), Aug. 15, 2003, 117 Stat. 895; Pub. L. 108–127, § 1, Nov. 17, 2003, 117 Stat. 1354; Pub. L. 109–171, title VI, §§ 6102(b),
6103
(a), Feb. 8, 2006, 120 Stat. 131, 132; Pub. L. 109–482, title II, § 201(b), Jan. 15, 2007, 120 Stat. 3701; Pub. L. 110–92, § 136(d), Sept. 29, 2007, 121 Stat. 995; Pub. L. 110–173, title II, § 201(b)(1), Dec. 29, 2007, 121 Stat. 2509.)
Amendment of Subsection (g)(1)(A)
For termination of amendment by section 201(b)(2) of Pub. L. 110–173, see Termination Date of 2007 Amendment note below.
Amendments
2007—Subsec. (g)(1)(A).
Pub. L. 110–173 temporarily substituted “2008, or 2009” for “or 2008”.
Pub. L. 110–92 substituted “2007, or 2008” for “or 2007”.
Pub. L. 109–482 substituted “2005, 2006, or 2007” for “or 2005”.
2006—Subsec. (c)(1).
Pub. L. 109–171, § 6102(b), inserted “and may not include coverage of a nonpregnant childless adult” after “section
1397aa of this title)” and “For purposes of the preceding sentence, a caretaker relative (as such term is defined for purposes of carrying out section
1396u–1 of this title) shall not be considered a childless adult.” at end.
Subsec. (g)(1)(A).
Pub. L. 109–171 substituted “2001, 2004, or 2005” for “or 2001”.
2003—Subsec. (g).
Pub. L. 108–74 added subsec. (g).
Subsec. (g)(2).
Pub. L. 108–127 substituted “184” for “185” the first place appearing, inserted “August 1, 1994, or” before “July 1, 1995”, and inserted before period at end “, or, in the case of a State that had a statewide waiver in effect under section
1315 of this title with respect to subchapter XIX of this chapter that was first implemented on October 1, 1993, had an income eligibility standard under such waiver for children that was at least 185 percent of the poverty line and on and after July 1, 1998, has an income eligibility standard for children under section
1396a
(a)(10)(A) of this title or a statewide waiver in effect under section
1315 of this title with respect to subchapter XIX of this chapter that is at least 185 percent of the poverty line”.
2000—Subsec. (a).
Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(a)], added subsec. heading, par. (1) heading, introductory provisions, and subpars. (A) and (B), struck out former subsec. heading and introductory provisions, redesignated former pars. (1) and (2) as subpars. (C) and (D), respectively, of par. (1) and realigned margins, redesignated subpars. (A) to (D) of former par. (2) as cls. (i) to (iv), respectively, of subpar. (D) of par. (1) and realigned margins, and added par. (2). Prior to amendment, introductory provisions read as follows: “Subject to the succeeding provisions of this section, the Secretary shall pay to each State with a plan approved under this subchapter, from its allotment under section
1397dd of this title (taking into account any adjustment under section
1397dd
(d) of this title), an amount for each quarter equal to the enhanced FMAP of expenditures in the quarter—”.
Subsec. (c)(2)(A).
Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(d)(4)(A)], substituted “the amount of payment that may be made under subsection (a) of this section for a fiscal year for expenditures for items described in paragraph (1)(D) of such subsection shall not exceed 10 percent of the total amount of expenditures for which payment is made under subparagraphs (A), (C), and (D) of paragraph (1) of such subsection.” for “payment shall not be made under subsection (a) of this section for expenditures for items described in subsection (a) of this section (other than paragraph (1)) for a fiscal year to the extent the total of such expenditures (for which payment is made under such subsection) exceeds 10 percent of the sum of—
“(i) the total of such expenditures for such fiscal year, and
“(ii) the total expenditures for medical assistance by the State under subchapter XIX of this chapter for which Federal payments made under section
1396b
(a)(1) of this title are based on an enhanced FMAP described in subsection (b) of this section for such fiscal year.”
Subsec. (c)(2)(B).
Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(d)(4)(B)], substituted “described in subsection (a)(1)(D)” for “described in subsection (a)(2)” in introductory provisions.
Subsec. (c)(6)(B).
Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(d)(4)(C)], substituted “Except as provided in subparagraph (A) or (B) of subsection (a)(1) of this section or any other provision of law,” for “Except as otherwise provided by law,”.
Subsec. (d)(2)(B)(ii).
Pub. L. 106–554, § 1(a)(6) [title VIII, § 802(e)], substituted “enhanced FMAP under the fourth sentence of section
1396d
(b) of this title” for “enhanced FMAP under section
1396d
(u) of this title”.
1999—Subsec. (d)(2)(B)(iii).
Pub. L. 106–113 inserted “in” after “described”.
1997—Subsec. (c)(2)(A).
Pub. L. 105–100, § 162(5), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Except as provided in this paragraph, payment shall not be made under subsection (a) of this section for expenditures for items described in subsection (a) of this section (other than paragraph (1)) for a quarter in a fiscal year to the extent the total of such expenditures exceeds 10 percent of the sum of—
“(i) the total Federal payments made under subsection (a) of this section for such quarter in the fiscal year, and
“(ii) the total Federal payments made under section
1396b
(a)(1) of this title based on an enhanced FMAP described in section
1396d
(u)(2) of this title for such quarter.”
Subsec. (f).
Pub. L. 105–100, § 162(7), added subsec. (f).
Termination Date of 2007 Amendment
Pub. L. 110–173, title II, § 201(b)(2), Dec. 29, 2007,
121 Stat. 2510, provided that: “The amendment made by paragraph (1) [amending this section] shall be in effect through March 31, 2009.”
Effective Date of 2006 Amendment
Amendment by section 6102(b) of
Pub. L. 109–171 effective as if enacted on Oct. 1, 2005, and applicable to any waiver, experimental, pilot, or demonstration project that is approved on or after that date, see section 6102(d) of
Pub. L. 109–171, set out as a note under section
1397gg of this title.
Pub. L. 109–171, title VI, § 6103(b), Feb. 8, 2006,
120 Stat. 132, provided that: “The amendment made by subsection (a) [amending this section] shall apply to expenditures made under title XIX of the Social Security Act (
42 U.S.C.
1396 et seq.) on or after October 1, 2005.”
Effective Date of 2003 Amendment
Pub. L. 108–127, § 1, Nov. 17, 2003,
117 Stat. 1354, provided that the amendment made by that section is effective as if included in the enactment of
Pub. L. 108–74.
Effective Date of 2000 Amendment
Amendment by
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 1997 Amendment
Section 162 of
Pub. L. 105–100 provided in part 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.