PUBLIC LAW 101-381—AUG. 18, 1990 104 STAT. 613 amount exceeding 7 percent of the annual gross income of the individual involved; and "(C) in the case of individuals with an income greater than 300 percent of the official poverty line, the applicant will not, for any calendar year, impose charges in an amount exceeding 10 percent of the annual gross income of the individual involved. "(3) ASSESSMENT OF CHARGE.— With respect to compliance with the agreement made under paragraph (1), a grantee under this part may, in the case of individuals subject to a charge for purposes of such paragraph— "(A) assess the amount of the charge in the discretion of the grantee, including imposing only a nominal charge for the provision of services, subject to the provisions of such paragraph regarding public schedules and of paragraph (2) regarding limitations on the maximum amount of charges; and "(B) take into consideration the medical expenses of individuals in assessing the amount of the charge, subject to such provisions. "(4) APPLICABILITY OF LIMITATION ON AMOUNT OF CHARGE. — The Secretary may not make a grant under this part unless the applicant for the grant agrees that the limitations established in paragraph (2) regarding the imposition of charges for services applies to the annual aggregate of charges imposed for such services, without regard to whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or similar charges. (5) WAIVER REGARDING CERTAIN SECONDARY AGREEMENTS. — The requirement established in paragraph (l)(B)(i) shall be waived by the Secretary in the case of any entity for whom the Secretary has granted a waiver under section 26420t)) or 2652(b)(2). "(f) RELATIONSHIP TO ITEMS AND SERVICES UNDER OTHER PRO- GRAMS.— "(1) IN GENERAL.—The Secretary may not make a grant under this part unless the applicant for the grant agrees that, subject to paragraph (2), the grant will not be expended by the applicant, or by any entity receiving amounts from the applicant for the provision of early intervention services, to make pay- ment for any such service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such service— "(A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or "(B) by an entity that provides health services on a prepaid basis. " (2) APPLICABILITY TO CERTAIN SECONDARY AGREEMENTS FOR PROVISION OF SERVICES. — An agreement made under paragraph (1) shall not apply in the case of an entity through which a grantee under this part provides early intervention services if the Secretary has provided a waiver under section 2642(b) or 2652(b)(2) regarding the entity. "(g) ADMINISTRATION OF GRANT. — The Secretary may not make a grant under this part unless the applicant for the grant agrees that—
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