104 STAT. 600 PUBLIC LAW 101-381—AUG. 18, 1990 pursuant to the State plan approved under title XIX of the Social Security Act for the State— "(1) the State will provide the service through a State entity, and the State entity has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or "(2) the State will enter into an agreement with a public or nonprofit private entity under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments. "(b) WAIVER REGARDING CERTAIN SECONDARY AGREEMENTS. — "(1) IN GENERAL. — In the case of an entity making an sigreement pursuant to subsection (a)(2) regarding the provision of services, the requirement established in such subsection regarding a participation agreement shall be waived by the Secretary if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. "(2) ACCEPTANCE OF VOLUNTARY DONATIONS. —A determination by the Secretary of whether an entity referred to in paragraph (1) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations for the purpose of providing services to the public. 42 USC 300ff-43. "SEC. 2643. REQUIREMENT OF MATCHING FUNDS. "(a) IN GENERAL.— In the case of any State to which the criterion described in subsection (c) applies, the Secretary may not make a grant under section 2641 unless the State agrees that, with respect to the costs to be incurred by the State in carrying out the purpose referred to in such subsection, the State will, subject to subsection (b)(2), make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount equal to— "(1) for the first fiscal year for which such criterion applies to the State, not less than 16% percent of such costs ($1 for each $5 of Federal funds provided in the grant); "(2) for any second such fiscal year, not less than 20 percent of such costs ($1 for each $4 of Federal funds provided in the grant); "(3) for any third such fiscal year, not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant); and "(4) for any subsequent fiscal year, not less than 33 Vb percent of such costs ($1 for each $2 of Federal funds provided in the grant). "(b) DETERMINATION OF AMOUNT OF NON-FEDERAL CONTRIBU- TION. — "(1) IN GENERAL. —Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal contributions. " (2) INCLUSION OF CERTAIN AMOUNTS.—
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