Sec. 2404. RESTRICTIONS ON USE OF GRANT

295 words·~1 min read·/statute-compilations/comps-8794/sec-2404

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## SEC. 2404 RESTRICTIONS ON USE OF GRANT **[**300dd–3**]** ###

(a)In General The Secretary may not make payments under section 2401(a) for a fiscal year to a State unless the State agrees that the payments will not be expended— ####

(1)to provide for items or services described in section 2401(d)(3); ####

(2)to make cash payments to intended recipients of services; ####

(3)to purchase or improve real property (other than minor remodeling of existing improvements to real property) or to purchase major medical equipment; or ####

(4)to satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds. ###

(b)Limitation on Administrative Expenses The Secretary may not make payments under section 2401(a) for a fiscal year unless the State involved agrees that the State will not expend more than 5 percent of the payments made to the State under such section for administrative expenses with respect to carrying out the purpose of this part. ###

(c)Limitation on Total Payments ####

(1)Before March 1, 1989, for fiscal year 1989 and before September 1, 1989, for fiscal year 1990, the Secretary shall determine and publish the national average monthly payments, for extended care services under part A of title XVIII of the Social Security Act, for each resident of a skilled nursing facility the Secretary estimates will be paid in the fiscal year. ####

(2)The Secretary may not make payments under section 2401(a) for a fiscal year to a State to the extent that the average monthly payments for eligible individuals provided home and community-based health services under this part in the State exceeds 65 percent of the national average monthly payments determined and published for the fiscal year under paragraph (1).