42 U.S.C. § 1397d | Limitation on use of grants; waiver

(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)

42 U.S.C. 14401 in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 [ 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 Pub. L. 97–35, title XXIII, § 2352(a)Aug. 13, 198195 Stat. 869 Pub. L. 100–93, § 8(i)Aug. 18, 1987101 Stat. 695 Pub. L. 100–203, title IV, § 4118(e)(13)Dec. 22, 1987Pub. L. 100–360, title IV, § 411(k)(10)(D)July 1, 1988102 Stat. 796 Pub. L. 100–485, title VI, § 608(d)(26)(K)(ii)Oct. 13, 1988102 Stat. 2422 Pub. L. 105–12, § 9(c)Apr. 30, 1997111 Stat. 27 Pub. L. 111–148, title VI, § 6703(d)(1)(B)Mar. 23, 2010124 Stat. 803 (, title XX, § 2005, as added , , ; amended , , ; , , as added , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 105–12Apr. 30, 1997111 Stat. 23 section 14401 of this titleThe Assisted Suicide Funding Restriction Act of 1997, referred to in subsec. (a)(10), is , , , which is classified principally to chapter 138 (§ 14401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

act Aug. 14, 1935, ch. 531, title XX, § 2005 Jan. 4, 1975Pub. L. 93–647, § 288 Stat. 2347 June 17, 1980Pub. L. 96–272, title II, § 206(d)94 Stat. 525 section 2352(a) of Pub. L. 97–35A prior section 1397d, , as added , , ; amended , , , related to effective date of implementing regulations, prior to the general revision of this subchapter by .

Amendments

Pub. L. 111–148Aug. 14, 1935Aug. 14, 19352010—, which directed substitution of “this division” for “this subchapter” wherever appearing in subtitle 1 of title XX of act , was executed by making the substitution wherever appearing in this section, which is in subtitle A of title XX act , to reflect the probable intent of Congress.

Pub. L. 105–121997—Subsec. (a)(10). added par. (10).

Pub. L. 100–360, § 411(k)(10)(D)Pub. L. 100–485, § 608(d)(26)(K)(ii)Pub. L. 100–203, § 4118(e)(13)1988—Subsec. (a)(9)(A), (B). , as amended by , added , see 1987 Amendment note below.

Pub. L. 100–931987—Subsec. (a)(9). added par. (9).

Pub. L. 100–203, § 4118(e)(13)Pub. L. 100–360, § 411(k)(10)(D)Pub. L. 100–485, § 608(d)(26)(K)(ii)section 1320a–7 of this title section 1320a–7a of this titleSubsec. (a)(9)(A), (B). , as added by , as amended by , substituted “under this subchapter or subchapter V, XVIII, or XIX pursuant to section 1320a–7, 1320a–7a, 1320c–5, or 1395u(j)(2) of this title” for “pursuant to or from participation in the program under this subchapter”.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–12Apr. 30, 1997Apr. 30, 1997Apr. 30, 1997Apr. 30, 1997section 11 of Pub. L. 105–12 section 14401 of this titleAmendment by effective , and applicable to Federal payments made pursuant to obligations incurred after , for items and services provided on or after such date, subject to also being applicable with respect to contracts entered into, renewed, or extended after , as well as contracts entered into before , to the extent permitted under such contracts, see , set out as an Effective Date note under .

Effective Date of 1988 Amendments

Pub. L. 100–485 Pub. L. 100–360 section 608(g)(1) of Pub. L. 100–485 section 704 of this titleAmendment by effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, , see , set out as a note under .

section 411 of Pub. L. 100–360 Pub. L. 100–360 Pub. L. 100–203 Pub. L. 100–203 section 411(a) of Pub. L. 100–360 section 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. 100–93Aug. 18, 1987section 15(a) of Pub. L. 100–93 section 1320a–7 of this titleAmendment by effective at end of fourteen-day period beginning , and inapplicable to administrative proceedings commenced before end of such period, see , set out as a note under .