104 STAT. 4724 PUBLIC LAW 101-645—NOV. 29, 1990 TITLE V—HEALTH CARE FOR THE HOMELESS Subtitle A—Categorical Grants for Primary Health Services and Substance Abuse Services SEC. 501. WAIVER FOR CERTAIN ORGANIZATIONS OF REQUIREMENT OF STATUS AS MEDICAID PROVIDER Section 340(b) of the Public Health Service Act (42 U.S.C. 256(b)) is amended to read as follows: "(b) MINIMUM QUALIFICATIONS OF GRANTEES. —(1) Subject to paragraph (2), the Secretary may not make a grant under subsection (a) to an applicant unless— "(A) the applicant is a public or nonprofit private entity; "(B) the applicant has the capacity to effectively administer a grant under subsection (a); and "(C) in the case of any health service that is covered in the State plan approved under title XIX of the Social Security Act for the State involved— "(i) the applicant for the grant will provide the health service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive pa3mients under such plan; or "(ii) the applicant for the grant will enter into an agreement with an organization under which the organization will provide the health service, and the organization has entered into such a participation agreement and is qualified to receive such payments. "(2)(A) In the case of an organization making an agreement under paragraph (IXCXii) regarding the provision of health services under subsection (a), the requirement established in such paragraph regarding a participation agreement shall be waived by the Secretary if the organization does not, in providing health care services, impose a charge or accept reimbursement available from any thirdparty payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. "(B) A determination by the Secretary of whether an organization referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the organization accepts voluntary donations regarding the provision of services to the public". SEC. 502, AUTHORIZATION OF APPROPRIATIONS. Section 340(q)(l) of the Public Health Service Act (42 U.S.C. 256(q)(l)) is amended by striking "$61,200,000" and all that follows and inserting the following: "$70,000,000 for fiscal year 1991, $80,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 and 1994.". SEC. 503. ESTABLISHMENT OF PROGRAM REGARDING PRIMARY HEALTH SERVICES FOR HOMELESS CHILDREN. Section 340 of the Public Health Service Act (42 U.S.C. 256) is amended by adding at the end the following new subsection:
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