§ 1397d. Limitation on use of grants; waiver
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/usc/title-42/section-1397dA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided in subsection (b), grants made under this division may not be used by the State, or by any other person with which the State makes arrangements to carry out the purposes of this division—
(1)for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than minor remodeling) of any building or other facility;
(2)for the provision of cash payments for costs of subsistence or for the provision of room and board (other than costs of subsistence during rehabilitation, room and board provided for a short term as an integral but subordinate part of a social service, or temporary emergency shelter provided as a protective service);
(3)for payment of the wages of any individual as a social service (other than payment of the wages of welfare recipients employed in the provision of child day care services);
(4)for the provision of medical care (other than family planning services, rehabilitation services, or initial detoxification of an alcoholic or drug dependent individual) unless it is an integral but subordinate part of a social service for which grants may be used under this division;
(5)for social services (except services to an alcoholic or drug dependent individual or rehabilitation services) provided in and by employees of any hospital, skilled nursing facility, intermediate care facility, or prison, to any individual living in such institution;
(6)for the provision of any educational service which the State makes generally available to its residents without cost and without regard to their income;
(7)for any child day care services unless such services meet applicable standards of State and local law;
(8)for the provision of cash payments as a service (except as otherwise provided in this section);
(9)for payment for any item or service (other than an emergency item or service) furnished—
(A)by an individual or entity during the period when such individual or entity is excluded under this division or subchapter V, XVIII, or XIX pursuant to section 1320a–7, 1320a–7a, 1320c–5, or 1395u(j)(2) of this title, or
(B)at the medical direction or on the prescription of a physician during the period when the physician is excluded under this division or subchapter V, XVIII, or XIX pursuant to section 1320a–7, 1320a–7a, 1320c–5, or 1395u(j)(2) of this title and when the person furnishing such item or service knew or had reason to know of the exclusion (after a reasonable time period after reasonable notice has been furnished to the person); or
(10)in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.].
(b)The Secretary may waive the limitation contained in subsection (a)(1) and
(4)upon the State’s request for such a waiver if he finds that the request describes extraordinary circumstances to justify the waiver and that permitting the waiver will contribute to the State’s ability to carry out the purposes of this division.
(Aug. 14, 1935, ch. 531, title XX, § 2005, as added Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981, 95 Stat. 869; amended Pub. L. 100–93, § 8(i), Aug. 18, 1987, 101 Stat. 695; Pub. L. 100–203, title IV, § 4118(e)(13), Dec. 22, 1987, as added Pub. L. 100–360, title IV, § 411(k)(10)(D), July 1, 1988, 102 Stat. 796; Pub. L. 100–485, title VI, § 608(d)(26)(K)(ii), Oct. 13, 1988, 102 Stat. 2422; Pub. L. 105–12, § 9(c), Apr. 30, 1997, 111 Stat. 27; Pub. L. 111–148, title VI, § 6703(d)(1)(B), Mar. 23, 2010, 124 Stat. 803.)
Connections34 cite this · traces to 4
Cited by 34 sections
U.S. Code
statutes-at-large
- Public Law 93–646
- Public Law 97–35To provide for reconciliation pursuant to section 301 of the first concurrent resolution on the budget for the fiscal year 1982
- Public Law 100–360To amend title XVIII of the Social Security Act to provide protection against catastrophic medical expenses under the medicare program, and for other purposes
- Public Law 105–12To clarify Federal law with respect to restricting the use of Federal funds in support of assisted suicide
- Public Law 100–93To amend titles XI, XVIII, and XIX of the Social Security Act to protect beneficiaries under the health care programs of that Act from unfit health care practitioners, and otherwise to improve the antifraud provisions relating to those programs
statute-compilations
bill
- Sec. 402Easing administrative barriers to State cooperation with employer-sponsored insurance coverage
- Sec. 403Improving beneficiary choice in SCHIP
- Sec. 402Easing administrative barriers to State cooperation with employer-sponsored insurance coverage
- Sec. 403Improving beneficiary choice in SCHIP
- Sec. 354Temporary increase in Social Services Block Grant allotments for Puerto Rico and the Virgin Islands
- Sec. 256Temporary increase in Social Services Block Grant allotments for Puerto Rico and the Virgin Islands
- Sec. 3Increased funding for States and Indian Tribes for adult protective services
- Sec. 3Increased funding for States and Indian Tribes for adult protective services
- Sec. 3Targeted funding for States for diaper assistance through the Social Services Block Grant Program
- Sec. 2Emergency assistance through the Social Services Block Grant
- Sec. 3Targeted funding for States for diaper assistance through the Social Services Block Grant Program
- Sec. 2Targeted funding for diaper assistance (including diapering supplies and adult incontinence materials and supplies) through the Social Services Block Grant Program
- Sec. 2Targeted funding for menstrual products through the Social Services Block Grant Program
- Sec. 5502End Diaper Need Act of 2022
- Sec. 10Menstrual products in the Social Services Block Grant Program
- Sec. 2Targeted funding for diaper assistance (including diapering supplies and adult incontinence materials and supplies) through the Social Services Block Grant Program
- Sec. 5406Menstrual Equity for All Act of 2024
- Sec. 5502End Diaper Need Act of 2024
- Sec. 5406Menstrual Equity for All Act of 2024
- Sec. 5502End Diaper Need Act of 2024
- Sec. 2Targeted funding for diaper assistance (including diapering supplies and adult incontinence materials and supplies) through the Social Services Block Grant Program
- Sec. 10Menstrual products in the social services block grant program
- Sec. 2Targeted funding for menstrual products through the Social Services Block Grant Program
- Sec. 2Targeted funding for diaper assistance (including diapering supplies and adult incontinence materials and supplies) through the Social Services Block Grant Program
35 references not yet in our index
- Aug. 14, 1935, ch. 531
- Pub. L. 97–35, title XXIII, § 2352(a)
- 95 Stat. 869
- Pub. L. 100–93, § 8(i)
- 101 Stat. 695
- Pub. L. 100–203, title IV, § 4118(e)(13)
- Pub. L. 100–360, title IV, § 411(k)(10)(D)
- 102 Stat. 796
- Pub. L. 100–485, title VI, § 608(d)(26)(K)(ii)
- 102 Stat. 2422
- Pub. L. 105–12, § 9(c)
- 111 Stat. 27
- Pub. L. 111–148, title VI, § 6703(d)(1)(B)
- 124 Stat. 803
- Pub. L. 105–12
- 111 Stat. 23
- act Aug. 14, 1935, ch. 531, title XX, § 2005
- Pub. L. 93–647, § 2
- 88 Stat. 2347
- Pub. L. 96–272, title II, § 206(d)
- 94 Stat. 525
- section 2352(a) of Pub. L. 97–35
- Pub. L. 111–148
- Pub. L. 100–360, § 411(k)(10)(D)
- Pub. L. 100–485, § 608(d)(26)(K)(ii)
- Pub. L. 100–203, § 4118(e)(13)
- Pub. L. 100–93
- section 11 of Pub. L. 105–12
- Pub. L. 100–485
- Pub. L. 100–360
- section 608(g)(1) of Pub. L. 100–485
- section 411 of Pub. L. 100–360
- Pub. L. 100–203
- section 411(a) of Pub. L. 100–360
- section 15(a) of Pub. L. 100–93
Citation graph
cites case law
§ 1397d
Limitation on use of grants; waiver
Bills×24
Stat.×5
U.S.C.×3
Stat. Comp.×2
ActAug. 14, 1935, ch. 531
Pub. L.Pub. L. 97–35, title XXIII, § 2352(a)
Stat.95 Stat. 869
Pub. L.Pub. L. 100–93, § 8(i)
Stat.101 Stat. 695
Cites 39 · showing 9Cited by 34 across 4 sources