120 STAT. 120
PUBLIC LAW 109–171—FEB. 8, 2006 deductible or other insurance as a condition of maintaining or using the account. ‘‘(4) ADMINISTRATION.—A State may coordinate administration of health opportunity accounts through the use of a third party administrator and reasonable expenditures for the use of such administrator shall be reimbursable to the State in the same manner as other administrative expenditures under section 1903(a)(7). ‘‘(5) TREATMENT.—Amounts in, or contributed to, a health opportunity account shall not be counted as income or assets for purposes of determining eligibility for benefits under this title. ‘‘(6) UNAUTHORIZED WITHDRAWALS.—A State may establish procedures— ‘‘(A) to penalize or remove an individual from the health opportunity account based on nonqualified withdrawals by the individual from such an account; and ‘‘(B) to recoup costs that derive from such nonqualified withdrawals.’’.
SEC. 6083. STATE OPTION TO ESTABLISH NON-EMERGENCY MEDICAL TRANSPORTATION PROGRAM.
(a) IN GENERAL.—Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), as amended by sections 6033(a) and 6035(b), is amended— (1) in paragraph (68), by striking ‘‘and’’ at the end; (2) in paragraph (69) by striking the period at the end and inserting ‘‘; and’’; and (3) by inserting after paragraph (69) the following: ‘‘(70) at the option of the State and notwithstanding paragraphs (1), (10)(B), and (23), provide for the establishment of a non-emergency medical transportation brokerage program in order to more cost-effectively provide transportation for individuals eligible for medical assistance under the State plan who need access to medical care or services and have no other means of transportation which— ‘‘(A) may include a wheelchair van, taxi, stretcher car, bus passes and tickets, secured transportation, and such other transportation as the Secretary determines appropriate; and ‘‘(B) may be conducted under contract with a broker who— ‘‘(i) is selected through a competitive bidding process based on the State’s evaluation of the broker’s experience, performance, references, resources, qualifications, and costs; ‘‘(ii) has oversight procedures to monitor beneficiary access and complaints and ensure that transport personnel are licensed, qualified, competent, and courteous; ‘‘(iii) is subject to regular auditing and oversight by the State in order to ensure the quality of the transportation services provided and the adequacy of beneficiary access to medical care and services; and ‘‘(iv) complies with such requirements related to prohibitions on referrals and conflict of interest as the Secretary shall establish (based on the prohibitions
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