Sec. 301. Application to States with waivers and territories
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/bill/114/s/1932/is/section-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If any waiver granted to a State, Indian tribe, tribal organization, or tribal consortium under section 1130 of this Act or otherwise which relates to the provision of assistance under a State plan under this part (as in effect on September 30, 2015) is in effect as of the date of enactment of this Act, the amendments made by this Act shall not apply with respect to the State, Indian tribe, tribal organization, or tribal consortium before the expiration of the waiver to the extent such amendments are inconsistent with the waiver. If a State, Indian tribe, tribal organization, or tribal consortium elects to terminate a waiver described in paragraph
(1)before the expiration of the waiver, the State, Indian tribe, tribal organization, or tribal consortium shall submit a report to the Secretary summarizing the waiver and any available information concerning the result or effect of the waiver. Notwithstanding any other provision of law, a State, Indian tribe, tribal organization, or tribal consortium that, not later than the date described in clause
(ii)of this subparagraph, submits a written request to terminate a waiver described in paragraph
(1)shall be held harmless for accrued cost neutrality liabilities incurred under the waiver. The date described in this subparagraph is 90 days following the adjournment of the first regular session of the State legislature that begins after the date of the enactment of this Act (or in the case of an Indian tribe, tribal organization, or tribal consortium, 90 days following such date as the Secretary shall establish in consultation with the Indian tribe, tribal organization, or tribal consortium). The Secretary shall encourage any State, Indian tribe, tribal organization, or tribal consortium operating a waiver described in paragraph
(1)to continue the waiver and to evaluate the result or effect of the waiver. A State, Indian tribe, tribal organization, or tribal consortium may elect to continue one or more individual waivers described in paragraph (1). Not later than 120 days after the date of enactment of this Act, the Secretary shall issue guidance regarding how an Indian tribe, tribal organization, or tribal consortium that has elected to operate a program under part E of title IV of the Social Security Act in accordance with section 479B of such Act ( 42 U.S.C. 679c ) may revise the tribal plan submitted in accordance with such section to take into account, as appropriate, the amendments made by this Act. Section 1108(a)(2) of the Social Security Act ( 42 U.S.C. 1308(a)(2) ) is amended by striking or 413(f) and inserting 413(f), 474(a)(6), 474(a)(7), or 474(h) .
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