42 U.S.C. § 705 : US Code - Section 705: Application for block grant funds

Search 42 U.S.C. § 705 : US Code - Section 705: Application for block grant funds

(a) In order to be entitled to payments for allotments under
section 702 of this title for a fiscal year, a State must prepare
and transmit to the Secretary an application (in a standardized
form specified by the Secretary) that -
(1) contains a statewide needs assessment (to be conducted
every 5 years) that shall identify (consistent with the health
status goals and national health objectives referred to in
section 701(a) of this title) the need for -
(A) preventive and primary care services for pregnant women,
mothers, and infants up to age one;
(B) preventive and primary care services for children; and
(C) services for children with special health care needs (as
specified in section 701(a)(1)(D) of this title);
(2) includes for each fiscal year -
(A) a plan for meeting the needs identified by the statewide
needs assessment under paragraph (1); and
(B) a description of how the funds allotted to the State
under section 702(c) of this title will be used for the
provision and coordination of services to carry out such plan
that shall include -
(i) subject to paragraph (3), a statement of the goals and
objectives consistent with the health status goals and
national health objectives referred to in section 701(a) of
this title for meeting the needs specified in the State plan
described in subparagraph (A);
(ii) an identification of the areas and localities in the
State in which services are to be provided and coordinated;
(iii) an identification of the types of services to be
provided and the categories or characteristics of individuals
to be served; and
(iv) information the State will collect in order to prepare
reports required under section 706(a) of this title;
(3) except as provided under subsection (b) of this section,
provides that the State will use -
(A) at least 30 percent of such payment amounts for
preventive and primary care services for children, and
(B) at least 30 percent of such payment amounts for services
for children with special health care needs (as specified in
section 701(a)(1)(D) of this title);
(4) provides that a State receiving funds for maternal and
child health services under this subchapter shall maintain the
level of funds being provided solely by such State for maternal
and child health programs at a level at least equal to the level
that such State provided for such programs in fiscal year 1989;
and
(5) provides that -
(A) the State will establish a fair method (as determined by
the State) for allocating funds allotted to the State under
this subchapter among such individuals, areas, and localities
identified under paragraph (1)(A) as needing maternal and child
health services, and the State will identify and apply
guidelines for the appropriate frequency and content of, and
appropriate referral and followup with respect to, health care
assessments and services financially assisted by the State
under this subchapter and methods for assuring quality
assessments and services;
(B) funds allotted to the State under this subchapter will
only be used, consistent with section 708 of this title, to
carry out the purposes of this subchapter or to continue
activities previously conducted under the consolidated health
programs (described in section 701(b)(1) of this title);
(C) the State will use -
(i) special consideration (where appropriate) for the
continuation of the funding of special projects in the State
previously funded under this subchapter (as in effect before
August 31, 1981), and
(ii) a reasonable proportion (based upon the State's
previous use of funds under this subchapter) of such sums to
carry out the purposes described in subparagraphs (A) through
(D) of section 701(a)(1) of this title;
(D) if any charges are imposed for the provision of health
services assisted by the State under this subchapter, such
charges (i) will be pursuant to a public schedule of charges,
(ii) will not be imposed with respect to services provided to
low income mothers or children, and (iii) will be adjusted to
reflect the income, resources, and family size of the
individual provided the services;
(E) the State agency (or agencies) administering the State's
program under this subchapter will provide for a toll-free
telephone number (and other appropriate methods) for the use of
parents to access information about health care providers and
practitioners who provide health care services under this
subchapter and subchapter XIX of this chapter and about other
relevant health and health-related providers and practitioners;
and
(F) the State agency (or agencies) administering the State's
program under this subchapter will -
(i) participate in the coordination of activities between
such program and the early and periodic screening,
diagnostic, and treatment program under section
1396d(a)(4)(B) of this title (including the establishment of
periodicity and content standards for early and periodic
screening, diagnostic, and treatment services), to ensure
that such programs are carried out without duplication of
effort,
(ii) participate in the arrangement and carrying out of
coordination agreements described in section 1396a(a)(11) of
this title (relating to coordination of care and services
available under this subchapter and subchapter XIX of this
chapter),
(iii) participate in the coordination of activities within
the State with programs carried out under this subchapter and
related Federal grant programs (including supplemental food
programs for mothers, infants, and children, related
education programs, and other health, developmental
disability, and family planning programs), and
(iv) provide, directly and through their providers and
institutional contractors, for services to identify pregnant
women and infants who are eligible for medical assistance
under subparagraph (A) or (B) of section 1396a(l)(1) of this
title and, once identified, to assist them in applying for
such assistance.
The application shall be developed by, or in consultation with, the
State maternal and child health agency and shall be made public
within the State in such manner as to facilitate comment from any
person (including any Federal or other public agency) during its
development and after its transmittal.
(b) The Secretary may waive the requirements under subsection
(a)(3) of this section that a State's application for a fiscal year
provide for the use of funds for specific activities if for that
fiscal year -
(1) the Secretary determines -
(A) on the basis of information provided in the State's most
recent annual report submitted under section 706(a)(1) of this
title, that the State has demonstrated an extraordinary unmet
need for one of the activities described in subsection (a)(3)
of this section, and
(B) that the granting of the waiver is justified and will
assist in carrying out the purposes of this subchapter; and
(2) the State provides assurances to the Secretary that the
State will provide for the use of some amounts paid to it under
section 703 of this title for the activities described in
subparagraphs (A) and (B) of subsection (a)(3) of this section
and specifies the percentages to be substituted in each of such
subparagraphs.