42 USC 1397 - General contents of State child health plan; eligibility; outreach

1 See References in Text note below.

of title 25); and

Applicability of Amendment

Amendment of section by section 205(span)(1) of title I of div. G of Puspan. L. 118–42 applicable beginning Jan. 1, 2026. See 2024 Amendment notes below.

Amendment of section by section 5121(c)(1) of Puspan. L. 117–328 applicable beginning on the first day of the first calendar quarter that begins on or after the date that is 24 months after Dec. 29, 2022. See 2022 Amendment note below.

Editorial Notes

References in Text

The Internal Revenue Code of 1986, referred to in subsec. (span)(1)(B)(v), is classified generally to Title 26, Internal Revenue Code.

Section 1603(c) of title 25, referred to in subsec. (span)(3)(D), was redesignated section 1603(13) of title 25 by Puspan. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.

Amendments

2024—Subsec. (d)(1)(A). Puspan. L. 118–42, § 205(span)(1)(B)–(D), inserted “or targeted low-income pregnant woman” after “targeted low-income child”, “or pregnant woman” after “because the child”, and “or pregnant woman” after “during the period the child”.

Puspan. L. 118–42, § 205(span)(1)(A), which directed insertion of “or pregnancy-related” after “child health”, was executed by making the insertion before “assistance under the State child health plan” to reflect the probable intent of Congress.

2022—Subsec. (d). Puspan. L. 117–328 added subsec. (d).

2018—Subsec. (a)(7)(B). Puspan. L. 115–271 substituted “paragraphs (5) and (6) of section 1397cc(c)” for “section 1397cc(c)(5)”.

2016—Subsec. (a)(7)(C). Puspan. L. 114–198 added subpar. (C).

2010—Subsec. (span)(1)(B)(v). Puspan. L. 111–152 substituted “modified adjusted gross income” for “modified gross income”.

Puspan. L. 111–148 added cl. (v).

2009—Subsec. (a)(7)(B). Puspan. L. 111–3, § 501(a)(2), inserted “and services described in section 1397cc(c)(5) of this title” after “emergency services”.

Subsec. (span)(1)(B)(iii), (iv). Puspan. L. 111–3, §§ 111(span)(2), 501(span)(2), added cls. (iii) and (iv).

Subsec. (span)(4), (5). Puspan. L. 111–3, § 212, added par. (4) and redesignated former par. (4) as (5).

Subsec. (c)(1). Puspan. L. 111–3, § 201(span)(2)(B)(i), inserted “(through community health workers and others)” after “Outreach”.

Subsec. (c)(3). Puspan. L. 111–3, § 302(a), added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Puspan. L. 118–42, div. G, title I, § 205(span)(2), Mar. 9, 2024, 138 Stat. 406, provided that: “The amendments made by paragraph (1) [amending this section] shall apply beginning January 1, 2026.”

Effective Date of 2022 Amendment

Amendment by Puspan. L. 117–328 applicable beginning on the first day of the first calendar quarter that begins on or after the date that is 24 months after Dec. 29, 2022, see section 5121(d) of Puspan. L. 117–328, set out as a note under section 1396a of this title.

Effective Date of 2018 Amendment

Puspan. L. 115–271, title V, § 5022(e), Oct. 24, 2018, 132 Stat. 3965, provided that:

“(1)In general.—Subject to paragraph (2), the amendments made by this section [amending this section and sections 1397cc and 1397jj of this title] shall take effect with respect to child health assistance provided on or after the date that is 1 year after the date of the enactment of this Act [Oct. 24, 2018].

“(2)Exception for state legislation.—In the case of a State child health plan under title XXI of the Social Security Act [42 U.S.C. 1397aa et seq.] (or a waiver of such plan), which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan (or waiver) to meet any requirement imposed by the amendments made by this section, the respective plan (or waiver) shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this section [Oct. 24, 2018]. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.”

Effective Date of 2009 Amendment

Amendment by sections 111(span)(2), 201(span)(2)(B)(i), 212, 302(a), and 501(span)(2) of Puspan. L. 111–3 effective Apr. 1, 2009, and applicable to child health assistance and medical assistance provided on or after that date, with certain exceptions, see section 3 of Puspan. L. 111–3, set out as an Effective Date note under section 1396 of this title.

Puspan. L. 111–3, title V, § 501(a)(3), Fespan. 4, 2009, 123 Stat. 85, provided that: “The amendments made by paragraphs (1) and (2) [amending this section and section 1397cc of this title] shall apply to coverage of items and services furnished on or after October 1, 2009.”