42 U.S.C. § 1397d : US Code - Section 1397D: Limitation on use of grants; waiver

Search 42 U.S.C. § 1397d : US Code - Section 1397D: Limitation on use of grants; waiver

(a) Except as provided in subsection (b) of this section, grants
made under this subchapter 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 subchapter -
(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 subchapter;
(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 subchapter or
subchapter V, XVIII, or XIX of this chapter 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 subchapter or subchapter V, XVIII, or XIX of this
chapter 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) of this section 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 subchapter.