§ 1396w–1. Medicaid Improvement Fund

1,203 words·~5 min read·/usc/title-42/section-1396w-1

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The Secretary shall establish under this subchapter a Medicaid Improvement Fund (in this section referred to as the “Fund”) which shall be available to the Secretary to improve the management of the Medicaid program by the Centers for Medicare & Medicaid Services, including oversight of contracts and contractors and evaluation of demonstration projects, and, in accordance with subsection (b)(3), for the purposes of subparagraph

(B)of such subsection. Payments made for activities under this subsection shall be in addition to payments that would otherwise be made for such activities. There shall be available to the Fund, for expenditures from the Fund for fiscal year 2023 and thereafter, $0. Amounts in the Fund pursuant to paragraph

(1)shall be available in advance of appropriations but only if the total amount obligated from the Fund does not exceed the amount available to the Fund under paragraph (1). Amounts in the Fund pursuant to paragraph

(3)shall be available in advance of appropriations but only if the total amount obligated from the Fund does not exceed the amount available to the Fund under such paragraph (3). The Secretary may obligate funds from the Fund only if the Secretary determines (and the Chief Actuary of the Centers for Medicare & Medicaid Services and the appropriate budget officer certify) that there are available in the Fund sufficient amounts to cover all such obligations incurred consistent with the previous sentences. In addition to the amount made available under paragraph (1), there shall be available to the Fund, for expenditures from the Fund in accordance with subparagraph (B), for fiscal year 2028 and thereafter, $0, to remain available until expended. The Secretary shall use amounts made available to the Fund under subparagraph

(A)to pay to each State which has a plan approved under this subchapter, for each quarter beginning during or after fiscal year 2025 an amount equal to— 100 percent minus the percent specified in clause

(i)of section 1396b(a)(3)(A) of this title of so much of the sums expended by the State during such quarter as are attributable to the activities described in such clause; 100 percent minus the Federal medical assistance percentage applied under clause

(iii)of such section of so much of the sums expended during such quarter (as found necessary by the Secretary under such clause) by the State as are attributable to the activities described in such clause; and 100 percent minus the percent specified in section 1396b(a)(3)(B) of this title of so much of the sums expended by the State during such quarter as are attributable to the activities described in such section. ( Aug. 14, 1935, ch. 531 , title XIX, § 1941, as added Pub. L. 110–252, title VII, § 7002(b) , June 30, 2008 , 122 Stat. 2395 ; amended Pub. L. 111–8, div. F, title II, § 226 , Mar. 11, 2009 , 123 Stat. 784 ; Pub. L. 111–127, § 4 , Jan. 27, 2010 , 124 Stat. 5 ; Pub. L. 111–148, title II, § 2007(b) , Mar. 23, 2010 , 124 Stat. 285 ; Pub. L. 114–198, title VII, § 707 , July 22, 2016 , 130 Stat. 754 ; Pub. L. 115–120, div. C, § 3006 , Jan. 22, 2018 , 132 Stat. 37 ; Pub. L. 115–123, div. E, title XII, § 53105 , Feb. 9, 2018 , 132 Stat. 302 ; Pub. L. 115–271, title V, § 5061 , Oct. 24, 2018 , 132 Stat. 3976 ; Pub. L. 116–3, § 5 , Jan. 24, 2019 , 133 Stat. 8 ; Pub. L. 116–29, § 2 , July 5, 2019 , 133 Stat. 1031 ; Pub. L. 116–59, div. B, title VI, § 1604 , Sept. 27, 2019 , 133 Stat. 1108 ; Pub. L. 116–69, div. B, title VI, § 1602 , Nov. 21, 2019 , 133 Stat. 1139 ; Pub. L. 116–159, div. C, title VI, § 2602 , Oct. 1, 2020 , 134 Stat. 738 ; Pub. L. 116–215, div. B, title III, § 1303 , Dec. 11, 2020 , 134 Stat. 1046 ; Pub. L. 116–260, div. CC, title IV, § 406 , Dec. 27, 2020 , 134 Stat. 3003 ; Pub. L. 117–328, div. FF, title V, § 5141 , Dec. 29, 2022 , 136 Stat. 5953 ; Pub. L. 118–15, div. B, title III, § 2342 , Sept. 30, 2023 , 137 Stat. 96 ; Pub. L. 118–22, div. B, title II, § 302 , Nov. 17, 2023 , 137 Stat. 121 ; Pub. L. 118–35, div. B, title I, § 122 , Jan. 19, 2024 , 138 Stat. 6 ; Pub. L. 118–42, div. G, title I, § 212 , Mar. 9, 2024 , 138 Stat. 414 .)

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