120 STAT. 114
PUBLIC LAW 109–171—FEB. 8, 2006 ‘‘(A) Creating patient awareness of the high cost of medical care. ‘‘(B) Providing incentives to patients to seek preventive care services. ‘‘(C) Reducing inappropriate use of health care services. ‘‘(D) Enabling patients to take responsibility for health outcomes. ‘‘(E) Providing enrollment counselors and ongoing education activities. ‘‘(F) Providing transactions involving health opportunity accounts to be conducted electronically and without cash. ‘‘(G) Providing access to negotiated provider payment rates consistent with this section. Nothing in this section shall be construed as preventing a State demonstration program from providing incentives for patients obtaining appropriate preventive care (as defined for purposes of section 223(c)(2)(C) of the Internal Revenue Code of 1986), such as additional account contributions for an individual demonstrating healthy prevention practices. ‘‘(4) NO REQUIREMENT FOR STATEWIDENESS.—Nothing in this section or any other provision of law shall be construed to require that a State must provide for the implementation of a State demonstration program on a Statewide basis. ‘‘(b) ELIGIBLE POPULATION GROUPS.— ‘‘(1) IN GENERAL.—A State demonstration program under this section shall specify the eligible population groups consistent with paragraphs (2) and (3). ‘‘(2) ELIGIBILITY LIMITATIONS DURING INITIAL DEMONSTRATION PERIOD.—During the initial 5 years of the demonstration program under this section, a State demonstration program shall not apply to any of the following individuals: ‘‘(A) Individuals who are 65 years of age or older. ‘‘(B) Individuals who are disabled, regardless of whether or not their eligibility for medical assistance under this title is based on such disability. ‘‘(C) Individuals who are eligible for medical assistance under this title only because they are (or were within the previous 60 days) pregnant. ‘‘(D) Individuals who have been eligible for medical assistance for a continuous period of less than 3 months. ‘‘(3) ADDITIONAL LIMITATIONS.—A State demonstration program shall not apply to any individual within a category of individuals described in section 1937(a)(2)(B). ‘‘(4) LIMITATIONS.— ‘‘(A) STATE OPTION.—This subsection shall not be construed as preventing a State from further limiting eligibility. ‘‘(B) ON ENROLLEES IN MEDICAID MANAGED CARE ORGANIZATIONS.—Insofar as the State provides for eligibility of individuals who are enrolled in Medicaid managed care organizations, such individuals may participate in the State demonstration program only if the State provides assurances satisfactory to the Secretary that the following conditions are met with respect to any such organization: ‘‘(i) In no case may the number of such individuals enrolled in the organization who participate in the
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