Sec. 2406. ADDITIONAL REQUIRED AGREEMENTS

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## SEC. 2406 ADDITIONAL REQUIRED AGREEMENTS **[**300dd–5**]** ### (a)2 In General The Secretary may not make payments under section 2401(a) for a fiscal year unless the State involved agrees that— 2So in law. This section does not contain a subsection (b). ####

(1)the legislature of the State will conduct public hearings on the proposed use and distribution of the payments to be received from the allotments for each such fiscal year; ####

(2)#####

(A)the State will, to the maximum extent practicable, ensure that services provided to an individual pursuant to the program involved will be provided without regard to the ability of the individual to pay for such services and without regard to the current or past health condition of the individual; #####

(B)if any charges are imposed for the provision of home and community-based health services for which assistance is provided under this part, such charges

(i)will be pursuant to a public schedule of charges,

(ii)will not be imposed on any eligible individual with an income that does not exceed 100 percent of the official poverty line, and

(iii)for an eligible individual with an income that exceeds 100 percent of the official poverty line, will be adjusted to reflect the income of the individual; ####

(3)the State will provide for periodic independent peer review to assess the quality and appropriateness of home and community-based health services provided by entities that receive funds from the State pursuant to section 2401(a); ####

(4)the State will permit and cooperate with Federal investigations undertaken under section 2409(e); ####

(5)the State will maintain State expenditures for home and community-based health services for individuals infected with the etiologic agent for acquired immune deficiency syndrome at a level equal to not less than the average level of such expenditures maintained by the State for the 2-year period preceding the fiscal year for which the State is applying to receive payments; and ####

(6)the State will not make payments from allotments made under section 2401(a) for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service

(i)under any State compensation program, under an insurance policy, under any Federal or State health benefits program, or

(ii)by an entity that provides health services on a prepaid basis.