US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1396o

Use of enrollment fees, premiums, deductions, cost sharing, and similar charges

(a)

Imposition of certain charges under plan in case of individuals described in section 1396a(a)(10)(A) or (E)

section 1396a(a)(10) of this titleSubject to subsections (g), (i), and (j), the State plan shall provide that in the case of individuals (other than, beginning , specified individuals (as defined in subsection (k)(3))) described in subparagraph (A) or (E)(i) of who are eligible under the plan—
(1)
no enrollment fee, premium, or similar charge will be imposed under the plan (except for a premium imposed under subsection (c));
(2)
no deduction, cost sharing or similar charge will be imposed under the plan with respect to—
(A)
services furnished to individuals under 18 years of age (and, at the option of the State, individuals under 21, 20, or 19 years of age, or any reasonable category of individuals 18 years of age or over),
(B)
section 1396d(bb) of this titlesection 1396r–8 of this titlesection 1396d(bb)(2)(A) of this title services furnished to pregnant women, if such services relate to the pregnancy or to any other medical condition which may complicate the pregnancy, and counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in ) and covered outpatient drugs (as defined in subsection (k)(2) of and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation by pregnant women in accordance with the Guideline referred to in (or, at the option of the State, any services furnished to pregnant women),
(C)
services furnished to any individual who is an inpatient in a hospital, nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if such individual is required, as a condition of receiving services in such institution under the State plan, to spend for costs of medical care all but a minimal amount of his income required for personal needs,
(D)
section 1396d(a)(4)(C) of this title emergency services (as defined by the Secretary), family planning services and supplies described in ,
(E)
o services furnished to an individual who is receiving hospice care (as defined in section 1396d() of this title),
(F)
section 1396d(a)(3)(B) of this title any in vitro diagnostic product described in that is administered during any portion of the emergency period described in such section beginning on or after (and the administration of such product),
(G)
COVID–19 testing-related services for which payment may be made under the State plan,
(H)
section 1320b–5(g)(1)(B) of this title during the period beginning on , and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in , a COVID–19 vaccine and the administration of such vaccine (for any individual eligible for medical assistance for such vaccine (and administration)),
(I)
section 1320b–5(g)(1)(B) of this title during the period beginning on , and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in , testing and treatments for COVID–19, including specialized equipment and therapies (including preventive therapies), and, in the case of an individual who is diagnosed with or presumed to have COVID–19, during the period during which such individual has (or is presumed to have) COVID–19, the treatment of a condition that may seriously complicate the treatment of COVID–19, if otherwise covered under the State plan (or waiver of such plan), or
(J)
section 1396d(a)(13)(B) of this title vaccines described in and the administration of such vaccines; and
(3)
any deduction, cost sharing, or similar charge imposed under the plan with respect to other such individuals or other care and services will be nominal in amount (as determined by the Secretary in regulations which shall, if the definition of “nominal” under the regulations in effect on is changed, take into account the level of cash assistance provided in such State and such other criteria as the Secretary determines to be appropriate); except that a deduction, cost-sharing, or similar charge of up to twice the nominal amount established for outpatient services may be imposed by a State under a waiver granted by the Secretary for services received at a hospital emergency room if the services are not emergency services (referred to in paragraph (2)(D)) and the State has established to the satisfaction of the Secretary that individuals eligible for services under the plan have actually available and accessible to them alternative sources of nonemergency, outpatient services.
(b)

Imposition of certain charges under plan in case of individuals other than those described in section 1396a(a)(10)(A) or (E)

section 1396a(a)(10) of this titleThe State plan shall provide that in the case of individuals other than those described in subparagraph (A) or (E) of who are eligible under the plan—
(1)
there may be imposed an enrollment fee, premium, or similar charge, which (as determined in accordance with standards prescribed by the Secretary) is related to the individual’s income,
(2)
no deduction, cost sharing, or similar charge will be imposed under the plan with respect to—
(A)
services furnished to individuals under 18 years of age (and, at the option of the State, individuals under 21, 20, or 19 years of age, or any reasonable category of individuals 18 years of age or over),
(B)
section 1396d(bb) of this titlesection 1396r–8 of this titlesection 1396d(bb)(2)(A) of this title services furnished to pregnant women, if such services relate to the pregnancy or to any other medical condition which may complicate the pregnancy, and counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in ) and covered outpatient drugs (as defined in subsection (k)(2) of and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation by pregnant women in accordance with the Guideline referred to in (or, at the option of the State, any services furnished to pregnant women),
(C)
services furnished to any individual who is an inpatient in a hospital, nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if such individual is required, as a condition of receiving services in such institution under the State plan, to spend for costs of medical care all but a minimal amount of his income required for personal needs,
(D)
section 1396d(a)(4)(C) of this title emergency services (as defined by the Secretary), family planning services and supplies described in ,
(E)
o services furnished to an individual who is receiving hospice care (as defined in section 1396d() of this title),
(F)
section 1396d(a)(3)(B) of this title any in vitro diagnostic product described in that is administered during any portion of the emergency period described in such section beginning on or after (and the administration of such product),
(G)
COVID–19 testing-related services for which payment may be made under the State plan,
(H)
section 1320b–5(g)(1)(B) of this title during the period beginning on , and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in , a COVID–19 vaccine and the administration of such vaccine (for any individual eligible for medical assistance for such vaccine (and administration)),
(I)
section 1320b–5(g)(1)(B) of this title during the period beginning on , and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in , testing and treatments for COVID–19, including specialized equipment and therapies (including preventive therapies), and, in the case of an individual who is diagnosed with or presumed to have COVID–19, during the period during which such individual has (or is presumed to have) COVID–19, the treatment of a condition that may seriously complicate the treatment of COVID–19, if otherwise covered under the State plan (or waiver of such plan), or
(J)
section 1396d(a)(13)(B) of this title vaccines described in and the administration of such vaccines; and
(3)
any deduction, cost sharing, or similar charge imposed under the plan with respect to other such individuals or other care and services will be nominal in amount (as determined by the Secretary in regulations which shall, if the definition of “nominal” under the regulations in effect on is changed, take into account the level of cash assistance provided in such State and such other criteria as the Secretary determines to be appropriate); except that a deduction, cost-sharing, or similar charge of up to twice the nominal amount established for outpatient services may be imposed by a State under a waiver granted by the Secretary for services received at a hospital emergency room if the services are not emergency services (referred to in paragraph (2)(D)) and the State has established to the satisfaction of the Secretary that individuals eligible for services under the plan have actually available and accessible to them alternative sources of nonemergency, outpatient services.
(c)

Imposition of monthly premium; persons affected; amount; prepayment; failure to pay; use of funds from other programs

(1)
lsection 1396a(a)(10)(A)(ii)(IX) of this titlelsection 9902(2) of this title The State plan of a State may at the option of the State provide for imposing a monthly premium (in an amount that does not exceed the limit established under paragraph (2)) with respect to an individual described in subparagraph (A) or (B) of section 1396a()(1) of this title who is receiving medical assistance on the basis of and whose family income (as determined in accordance with the methodology specified in section 1396a()(3) of this title) equals or exceeds 150 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with ) applicable to a family of the size involved.
(2)
In no case may the amount of any premium imposed under paragraph (1) exceed 10 percent of the amount by which the family income (less expenses for the care of a dependent child) of an individual exceeds 150 percent of the line described in paragraph (1).
(3)
A State shall not require prepayment of a premium imposed pursuant to paragraph (1) and shall not terminate eligibility of an individual for medical assistance under this subchapter on the basis of failure to pay any such premium until such failure continues for a period of not less than 60 days. The State may waive payment of any such premium in any case where the State determines that requiring such payment would create an undue hardship.
(4)
A State may permit State or local funds available under other programs to be used for payment of a premium imposed under paragraph (1). Payment of a premium with such funds shall not be counted as income to the individual with respect to whom such payment is made.
(d)

Premiums for qualified disabled and working individuals described in section 1396d(s)

section 1396d(s) of this titlesection 1396d(p)(3)(A)(i) of this titleWith respect to a qualified disabled and working individual described in whose income (as determined under paragraph (3) of that section) exceeds 150 percent of the official poverty line referred to in that paragraph, the State plan of a State may provide for the charging of a premium (expressed as a percentage of the medicare cost-sharing described in provided with respect to the individual) according to a sliding scale under which such percentage increases from 0 percent to 100 percent, in reasonable increments (as determined by the Secretary), as the individual’s income increases from 150 percent of such poverty line to 200 percent of such poverty line.

(e)

Prohibition of denial of services on basis of individual’s inability to pay certain charges

The State plan shall require that no provider participating under the State plan may deny care or services to an individual eligible for such care or services under the plan on account of such individual’s inability to pay a deduction, cost sharing, or similar charge. The requirements of this subsection shall not extinguish the liability of the individual to whom the care or services were furnished for payment of the deduction, cost sharing, or similar charge.

(f)

Charges imposed under waiver authority of Secretary

oNo deduction, cost sharing, or similar charge may be imposed under any waiver authority of the Secretary, except as provided in subsections (a)(3) and (b)(3) and section 1396–1 of this title, unless such waiver is for a demonstration project which the Secretary finds after public notice and opportunity for comment—
(1)
will test a unique and previously untested use of copayments,
(2)
is limited to a period of not more than two years,
(3)
will provide benefits to recipients of medical assistance which can reasonably be expected to be equivalent to the risks to the recipients,
(4)
is based on a reasonable hypothesis which the demonstration is designed to test in a methodologically sound manner, including the use of control groups of similar recipients of medical assistance in the area, and
(5)
is voluntary, or makes provision for assumption of liability for preventable damage to the health of recipients of medical assistance resulting from involuntary participation.
(g)

Individuals provided medical assistance under section 1396a(a)(10)(A)(ii)(XV) or (XVI)

section 1396a(a)(10)(A)(ii) of this titleWith respect to individuals provided medical assistance only under subclause (XV) or (XVI) of —
(1)
a State may (in a uniform manner for individuals described in either such subclause)—
(A)
require such individuals to pay premiums or other cost-sharing charges set on a sliding scale based on income that the State may determine; and
(B)
require payment of 100 percent of such premiums for such year in the case of such an individual who has income for a year that exceeds 250 percent of the income official poverty line (referred to in subsection (c)(1)) applicable to a family of the size involved, except that in the case of such an individual who has income for a year that does not exceed 450 percent of such poverty line, such requirement may only apply to the extent such premiums do not exceed 7.5 percent of such income; and
(2)
such State shall require payment of 100 percent of such premiums for a year by such an individual whose adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) for such year exceeds $75,000, except that a State may choose to subsidize such premiums by using State funds which may not be federally matched under this subchapter.
section 415(i)(2)(A)(ii) of this titleIn the case of any calendar year beginning after 2000, the dollar amount specified in paragraph (2) shall be increased in accordance with the provisions of .
(h)

Indexing nominal cost sharing

oIn applying this section and subsections (c) and (e) of section 1396–1 of this title, with respect to cost sharing that is “nominal” in amount, the Secretary shall increase such “nominal” amounts for each year (beginning with 2006) by the annual percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average) as rounded up in an appropriate manner.

(i)

State option to impose income-related premiums for families of disabled children

(1)
section 1396a(a)(10)(A)(ii)(XIX) of this title With respect to disabled children provided medical assistance under , subject to paragraph (2), a State may (in a uniform manner for such children) require the families of such children to pay monthly premiums set on a sliding scale based on family income.
(2)
A premium requirement imposed under paragraph (1) may only apply to the extent that—
(A)
in the case of a disabled child described in that paragraph whose family income—
(i)
section 1396a(cc)(2)(A)(i) of this title does not exceed 200 percent of the poverty line, the aggregate amount of such premium and any premium that the parent is required to pay for family coverage under and other cost-sharing charges do not exceed 5 percent of the family’s income; and
(ii)
section 1396a(cc)(2)(A)(i) of this title exceeds 200, but does not exceed 300, percent of the poverty line, the aggregate amount of such premium and any premium that the parent is required to pay for family coverage under and other cost-sharing charges do not exceed 7.5 percent of the family’s income; and
(B)
section 1396a(cc)(2)(A)(ii)(I) of this title the requirement is imposed consistent with .
(3)
section 1396a(a)(10)(A)(ii)(XIX) of this title A State shall not require prepayment of a premium imposed pursuant to paragraph (1) and shall not terminate eligibility of a child under for medical assistance under this subchapter on the basis of failure to pay any such premium until such failure continues for a period of at least 60 days from the date on which the premium became past due. The State may waive payment of any such premium in any case where the State determines that requiring such payment would create an undue hardship.
(j)

No premiums or cost sharing for Indians furnished items or services directly by Indian health programs or through referral under contract health services

(1)

No cost sharing for items or services furnished to Indians through Indian health programs

(A)

In general

No enrollment fee, premium, or similar charge, and no deduction, copayment, cost sharing, or similar charge shall be imposed against an Indian who is furnished an item or service directly by the Indian Health Service, an Indian Tribe, Tribal Organization, or Urban Indian Organization or through referral under contract health services for which payment may be made under this subchapter.

(B)

No reduction in amount of payment to Indian health providers

Payment due under this subchapter to the Indian Health Service, an Indian Tribe, Tribal Organization, or Urban Indian Organization, or a health care provider through referral under contract health services for the furnishing of an item or service to an Indian who is eligible for assistance under such subchapter, may not be reduced by the amount of any enrollment fee, premium, or similar charge, or any deduction, copayment, cost sharing, or similar charge that would be due from the Indian but for the operation of subparagraph (A).

(2)

Rule of construction

Nothing in this subsection shall be construed as restricting the application of any other limitations on the imposition of premiums or cost sharing that may apply to an individual receiving medical assistance under this subchapter who is an Indian.

(k)

Special rules for certain expansion individuals

(1)

Premiums

Beginning , the State plan shall provide that in the case of a specified individual (as defined in paragraph (3)) who is eligible under the plan, no enrollment fee, premium, or similar charge will be imposed under the plan.

(2)

Required imposition of cost sharing

(A)

In general

Subject to subparagraph (B) and subsection (j), in the case of a specified individual, the State plan shall, beginning , provide for the imposition of such deductions, cost sharing, or similar charges determined appropriate by the State (in an amount greater than $0) with respect to certain care, items, or services furnished to such an individual, as determined by the State.

(B)

Limitations

(i)

Exclusion of certain services

l1

1 So in original. Probably should be preceded by “section”.
section 1396d(jj)(2) of this titlel1In no case may a deduction, cost sharing, or similar charge be imposed under the State plan with respect to care, items, or services described in any of subparagraphs (B) through (J) of subsection (a)(2), or any primary care services, mental health care services, substance use disorder services, or services provided by a Federally qualified health center (as defined in 1396d()(2)  of this title), certified community behavioral health clinic (as defined in ), or rural health clinic (as defined in 1396d()(1)  of this title), furnished to a specified individual.

(ii)

Item and service limitation

(I)

In general

Except as provided in subclause (II), in no case may a deduction, cost sharing, or similar charge imposed under the State plan with respect to care or an item or service furnished to a specified individual exceed $35.

(II)

Special rules for prescription drugs

oIn no case may a deduction, cost sharing, or similar charge imposed under the State plan with respect to a prescription drug furnished to a specified individual exceed the limit that would be applicable under paragraph (2)(A)(i) or (2)(B) of section 1396–1(c) of this title with respect to such drug and individual if such drug so furnished were subject to cost sharing under such section.

(iii)

Maximum limit on cost sharing

The total aggregate amount of deductions, cost sharing, or similar charges imposed under the State plan for all individuals in the family may not exceed 5 percent of the family income of the family involved, as applied on a quarterly or monthly basis (as specified by the State).

(C)

Cases of nonpayment

Notwithstanding subsection (e), a State may permit a provider participating under the State plan to require, as a condition for the provision of care, items, or services to a specified individual entitled to medical assistance under this subchapter for such care, items, or services, the payment of any deductions, cost sharing, or similar charges authorized to be imposed with respect to such care, items, or services. Nothing in this subparagraph shall be construed as preventing a provider from reducing or waiving the application of such deductions, cost sharing, or similar charges on a case-by-case basis.

(3)

Specified individual defined

section 1396a(e)(14) of this titlesection 1397jj(c)(5) of this titleFor purposes of this subsection, the term “specified individual” means an individual who has a family income (as determined in accordance with ) that exceeds the poverty line (as defined in ) applicable to a family of the size involved and—
(A)
section 1396a(a)(10)(A)(i)(VIII) of this title is enrolled under ; or
(B)
section 1396a(a)(10)(A)(i)(VIII) of this title is described in such subsection and otherwise enrolled under a waiver of the State plan that provides coverage that is equivalent to minimum essential coverage (as described in section 5000A(f)(1)(A) of the Internal Revenue Code of 1986 and determined in accordance with standards prescribed by the Secretary in regulations) to all individuals described in .
(4)

State defined

For purposes of this subsection, the term “State” means 1 of the 50 States or the District of Columbia.

Aug. 14, 1935, ch. 531Pub. L. 97–248, title I, § 131(b)96 Stat. 367Pub. L. 97–448, title III, § 309(b)(18)96 Stat. 2409Pub. L. 99–272, title IX, § 9505(c)(2)100 Stat. 209Pub. L. 99–509, title IX, § 9403(g)(4)(B)100 Stat. 2056Pub. L. 100–203, title IV101 Stat. 1330–142Pub. L. 100–360, title IV, § 411(k)(2)102 Stat. 791Pub. L. 101–239, title VI, § 6408(d)(3)103 Stat. 2269Pub. L. 105–33, title IV, § 4708(b)111 Stat. 506Pub. L. 106–170, title II, § 201(a)(3)113 Stat. 1893Pub. L. 109–171, title VI120 Stat. 84Pub. L. 111–5, div. B, title V, § 5006(a)(1)123 Stat. 505Pub. L. 111–148, title IV, § 4107(c)(1)124 Stat. 561Pub. L. 116–127, div. F, § 6004(a)(2)(A)134 Stat. 204Pub. L. 117–2, title IX, § 9811(a)(3)(A)135 Stat. 209Pub. L. 117–169, title I, § 11405(a)(2)(A)136 Stat. 1900Pub. L. 119–21, title VII, § 71120(a)139 Stat. 315(, title XIX, § 1916, as added , , ; amended –(20), , , 2410; , , ; , , ; , §§ 4101(d)(1), 4211(h)(11), , , 1330–207; , , ; , , ; , , ; , , ; , §§ 6041(b), 6062(b), , , 98; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

The Internal Revenue Code of 1986, referred to in subsecs. (g)(2) and (k)(3)(B), is classified generally to Title 26, Internal Revenue Code.

Amendments

Pub. L. 119–21, § 71120(a)(1)2025—Subsec. (a). , inserted “(other than, beginning , specified individuals (as defined in subsection (k)(3)))” after “individuals” in introductory provisions.

Pub. L. 119–21, § 71120(a)(2)Subsec. (k). , added subsec. (k).

Pub. L. 117–169, § 11405(a)(2)(A)(i)(I)2022—Subsec. (a)(2)(G). , inserted a comma after “State plan”.

Pub. L. 117–169, § 11405(a)(2)(A)(i)(II)Subsec. (a)(2)(J). –(IV), added subpar. (J).

Pub. L. 117–169, § 11405(a)(2)(A)(ii)(I)Subsec. (b)(2)(G). , inserted a comma after “State plan”.

Pub. L. 117–169, § 11405(a)(2)(A)(ii)(II)Subsec. (b)(2)(J). –(IV), added subpar. (J).

Pub. L. 117–22021—Subsecs. (a)(2)(H), (I), (b)(2)(H), (I). added subpars. (H) and (I).

Pub. L. 116–1272020—Subsecs. (a)(2)(F), (G), (b)(2)(F), (G). added subpars. (F) and (G).

Pub. L. 111–148section 1396d(bb) of this titlesection 1396r–8 of this titlesection 1396d(bb)(2)(A) of this title2010—Subsecs. (a)(2)(B), (b)(2)(B). inserted “, and counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in ) and covered outpatient drugs (as defined in subsection (k)(2) of and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation by pregnant women in accordance with the Guideline referred to in ” after “complicate the pregnancy”.

Pub. L. 111–5, § 5006(a)(1)(A)2009—Subsec. (a). , substituted “, (i), and (j)” for “and (i)” in introductory provisions.

Pub. L. 111–5, § 5006(a)(1)(B)Subsec. (j). , added subsec. (j).

Pub. L. 109–171, § 6062(b)(1)2006—Subsec. (a). , substituted “subsections (g) and (i)” for “subsection (g)” in introductory provisions.

Pub. L. 109–171, § 6041(b)(1)oSubsec. (f). , inserted “and section 1396–1 of this title” after “(b)(3)”.

Pub. L. 109–171, § 6041(b)(2)Subsec. (h). , added subsec. (h).

Pub. L. 109–171, § 6062(b)(2)Subsec. (i). , added subsec. (i).

Pub. L. 106–170, § 201(a)(3)(A)1999—Subsec. (a). , substituted “Subject to subsection (g), the State plan” for “The State plan” in introductory provisions.

Pub. L. 106–170, § 201(a)(3)(B)Subsec. (g). , added subsec. (g).

Pub. L. 105–33, § 4708(b)(1)section 1396b(m) of this titlesection 1396d(a)(4)(C) of this title1997—Subsec. (a)(2)(D). , struck out “or services furnished to such an individual by a health maintenance organization (as defined in ) in which he is enrolled,” after “,”.

Pub. L. 105–33, § 4708(b)(2)section 1396b(m) of this titlesection 1396d(a)(4)(C) of this titleSubsec. (b)(2)(D). , struck out “or (at the option of the State) services furnished to such an individual by a health maintenance organization (as defined in ) in which he is enrolled,” after “,”.

Pub. L. 101–239, § 6408(d)(3)(A)1989—Subsec. (a). , substituted “subparagraph (A) or (E)(i)” for “subparagraph (A) or (E)” in introductory provisions.

Pub. L. 101–239, § 6408(d)(3)(B)Subsecs. (d) to (f). , (C), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

Pub. L. 100–3601988—Subsec. (c)(1). struck out “nonfarm” after “150 percent of the”.

Pub. L. 100–203, § 4101(d)(1)(A)1987—Subsec. (a)(1). , inserted “(except for a premium imposed under subsection (c))” after “plan”.

Pub. L. 100–203, § 4211(h)(11)Subsecs. (a)(2)(C), (b)(2)(C). , substituted “nursing facility, intermediate care facility for the mentally retarded” for “skilled nursing facility, intermediate care facility”.

Pub. L. 100–203, § 4101(d)(1)(B)Subsecs. (c) to (e). , (C), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Pub. L. 99–509section 1396a(a)(10) of this titlesection 1396a(a)(10)(A) of this title1986—Subsec. (a). substituted “subparagraph (A) or (E) of ” for “”.

Pub. L. 99–272Subsec. (a)(2)(E). added subpar. (E).

Pub. L. 99–509section 1396a(a)(10) of this titlesection 1396a(a)(10)(A) of this titleSubsec. (b). substituted “subparagraph (A) or (E) of ” for “”.

Pub. L. 99–272Subsec. (b)(2)(E). added subpar. (E).

Pub. L. 97–448, § 309(b)(18)1983—Subsec. (c). , substituted “subsection” for “subparagraph”.

Pub. L. 97–448, § 309(b)(19)Subsec. (d). , (20), substituted in introductory text “, except as provided in subsections (a)(3) and (b)(3)” for “unless authorized under this section”, and in cl. (5) substituted “is voluntary, or makes provision” for “in which participation is voluntary, or in which provision is made”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–169section 11405(c) of Pub. L. 117–169section 1396a of this titleAmendment by effective on the 1st day of the 1st fiscal quarter that begins on or after the date that is 1 year after , and applicable to expenditures made under a State plan or waiver of such plan under title XIX of the Social Security Act or under a State child health plan or waiver of such plan under title XXI of such Act on or after such effective date, see , set out as a note under .

Effective Date of 2010 Amendment

Pub. L. 111–148section 4107(d) of Pub. L. 111–148section 1396d of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2009 Amendment

Pub. L. 111–5section 5006(f) of Pub. L. 111–5section 1396a of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2006 Amendment

Pub. L. 109–171, title VI, § 6041(c)120 Stat. 85

o“The amendments made by this section [enacting section 1396–1 of this title and amending this section] shall apply to cost sharing imposed for items and services furnished on or after .”
, , , provided that:

section 6062(b) of Pub. L. 109–171section 6062(d) of Pub. L. 109–171section 1396a of this titleAmendment by applicable to medical assistance for items and services furnished on or after , see , set out as a note under .

Effective Date of 1999 Amendment

Pub. L. 106–170section 201(d) of Pub. L. 106–170section 1396a of this titleAmendment by applicable to medical assistance for items and services furnished on or after , see , set out as a note under .

Effective Date of 1997 Amendment

Pub. L. 105–33section 4710 of Pub. L. 105–33section 1396b of this titleAmendment by effective , and applicable to contracts entered into or renewed on or after , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–239section 6408(d)(5) of Pub. L. 101–239section 1396a of this titleAmendment by applicable, except as otherwise provided, to payments under this subchapter for calendar quarters beginning on or after , without regard to whether or not final regulations have been promulgated by such date, see , set out as a note under .

Effective Date of 1988 Amendment

section 411 of Pub. L. 100–360Pub. L. 100–360Pub. L. 100–203Pub. L. 100–203section 411(a) of Pub. L. 100–360section 106 of Title 1Except as specifically provided in , amendment by , as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, , effective as if included in the enactment of that provision in , see , set out as a Reference to OBRA; Effective Date note under , General Provisions.

Effective Date of 1987 Amendment

Pub. L. 100–203, title IV, § 4101(d)(2)101 Stat. 1330–142

“The amendments made by paragraph (1) [amending this section] shall become effective on .”
, , , provided that:

section 4211(h)(11) of Pub. L. 100–203section 1396r of this titlePub. L. 100–203section 1396r of this titleAmendment by applicable to nursing facility services furnished on or after , without regard to whether regulations implementing such amendment are promulgated by such date, except as otherwise specifically provided in , with transitional rule, see section 4214(a), (b)(2) of , as amended, set out as an Effective Date note under .

Effective Date of 1986 Amendment

Pub. L. 99–509section 9403(h) of Pub. L. 99–509section 1396a of this titleAmendment by applicable to payments under this subchapter for calendar quarters beginning on or after , without regard to whether or not final regulations to carry out such amendments have been promulgated by such date, see , set out as a note under .

Pub. L. 99–272section 9505(e) of Pub. L. 99–272section 1396a of this titleAmendment by applicable to medical assistance provided for hospice care furnished on or after , see , set out as a note under .

Effective Date of 1983 Amendment

Pub. L. 97–448Pub. L. 97–248section 309(c)(2) of Pub. L. 97–448section 426–1 of this titleAmendment by effective as if originally included as a part of this section as this section was added by the Tax Equity and Fiscal Responsibility Act of 1982, , see , set out as a note under .

Effective Date

Pub. L. 97–248, title I, § 131(d)96 Stat. 370Pub. L. 97–448, title III, § 309(a)(8)96 Stat. 2408

“(1)
section 1396a of this title Except as provided in paragraph (2), the amendments made by this section [enacting this section and amending ] shall become effective on .
“(2)
42 U.S.C. 1396 In the case of a State plan for medical assistance under title XIX of the Social Security Act [ et seq.] which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act [].”
, formerly § 131(c), , , redesignated by , , , provided that:

Applicability of 2020 Amendment to Territories

Pub. L. 116–127, div. F, § 6004(a)(2)(C)134 Stat. 205

o“The amendments made [by] this paragraph [amending this section and section 1396–1 of this title] shall apply with respect to a State plan of a territory in the same manner as a State plan of one of the 50 States.”
, , , provided that: