Page:United States Statutes at Large Volume 111 Part 1.djvu/551

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PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 527 "(ii) TIMING OF DETERMINATION.— In no case shall a determination on a petition submitted under clause (i) be made prior to the expiration of the 1-year period beginning on the date on which the name of the petitioner was added to the registry under subparagraph (c) RETROACTIVE REVIEW. —The procedures developed by a State under the amendments made by subsection (a) and (b) shall permit an individual to petition for a review of any finding made by a State under section 1819(g)(1)(C) or 1919(g)(1)(C) of the Social Security Act (42 U.S.C. 1395i-3(g)(l)(C) or 1396r(g)(l)(C)) after January 1, 1995. SEC. 4756. MEDICALLY ACCEPTED INDICATION. Section 1927(g)(l)(B)(i) (42 U.S.C. 1396r-8(g)(l)(B)(i)) is amended— (1) by striking "and" at the end of subclause (II), (2) by redesignating subclause (III) as subclause (IV), and (3) by inserting after subclause (II) the following: "(III) the DRUGDEX Information System; and". SEC. 4757. CONTINUATION OF STATE-WIDE SECTION 1115 MEDICAID WAIVERS. (a) IN GENERAL. —Section 1115 (42 U.S.C. 1315) is amended by adding at the end the following new subsection: "(e)(1) The provisions of this subsection shall apply to the extension of any State-wide comprehensive demonstration project (in this subsection referred to as 'waiver project') for which a waiver of compliance with requirements of title XIX is granted under subsection (a). "(2) During the 6-month period ending 1 year before the date the waiver under subsection (a) with respect to a waiver project would otherwise expire, the chief executive officer of the State which is operating the project may submit to the Secretary a written request for an extension, of up to 3 years, of the project. "(3) If the Secretary fails to respond to the request within 6 months after the date it is submitted, the request is deemed to have been granted. "(4) If such a request is granted, the deadline for submittal of a final report under the waiver project is deemed to have been extended until the date that is 1 year after the date the waiver project would otherwise have expired. "(5) The Secretary shall release an evaluation of each such project not later than 1 year after the date of receipt of the final report. "(6) Subject to paragraphs (4) and (7), the extension of a waiver project under this subsection shall be on the same terms and conditions (including applicable terms and conditions relating to quality and access of services, budget neutrality, data and reporting requirements, and special population protections) that applied to the project before its extension under this subsection. "(7) If an original condition of approval of a waiver project was that Federal expenditures under the project not exceed the Federal expenditures that would otherwise have been made, the Secretary shall take such steps as may be necessary to ensure that, in the extension of the project under this subsection, such condition continues to be met. In applying the previous sentence. 42 USC 1395i-3 note. Applicability. Evaluation.