42 USC 300ee-18 – Failure to comply with agreements
(a) Repayment of payments
(1) The Secretary may, subject to subsection (c), require a State to repay any payments received by the State under section 300ee-11(a) of this title that the Secretary determines were not expended by the State in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 300ee-13 of this title.
Terms Used In 42 USC 300ee-18
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Secretary: means the Secretary of Health and Human Services. See 42 USC 201
- State: includes , in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. See 42 USC 201
(2) If a State fails to make a repayment required in paragraph (1), the Secretary may offset the amount of the repayment against the amount of any payment due to be paid to the State under section 300ee-11(a) of this title.
(b) Withholding of payments
(1) The Secretary may, subject to subsection (c), withhold payments due under section 300ee-11(a) of this title if the Secretary determines that the State involved is not expending amounts received under such section in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 300ee-13 of this title.
(2) The Secretary shall cease withholding payments from a State under paragraph (1) if the Secretary determines that there are reasonable assurances that the State will expend amounts received under section 300ee-11(a) of this title in accordance with the agreements referred to in such paragraph.
(3) The Secretary may not withhold funds under paragraph (1) from a State for a minor failure to comply with the agreements referred to in such paragraph.
(c) Opportunity for hearing
Before requiring repayment of payments under subsection (a)(1), or withholding payments under subsection (b)(1), the Secretary shall provide to the State an opportunity for a hearing conducted within the State.
(d) Prompt response to serious allegations
The Secretary shall promptly respond to any complaint of a substantial or serious nature that a State has failed to expend amounts received under section 300ee-11(a) of this title in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 300ee-13 of this title.
(e) Investigations
(1) The Secretary shall conduct in several States in each fiscal year investigations of the expenditure of payments received by the States under section 300ee-11(a) of this title in order to evaluate compliance with the agreements required to be contained in the applications submitted to the Secretary pursuant to section 300ee-13 of this title.
(2) The Comptroller General of the United States may conduct investigations of the expenditure of funds received under section 300ee-11(a) of this title by a State in order to ensure compliance with the agreements referred to in paragraph (1).
(3) Each State, and each entity receiving funds from payments made to a State under section 300ee-11(a) of this title, shall make appropriate books, documents, papers, and records available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request therefor.
(4)(A) In conducting any investigation in a State, the Secretary and the Comptroller General of the United States may not make a request for any information not readily available to the State, or to an entity receiving funds from payments made to the State under section 300ee-11(a) of this title, or make an unreasonable request for information to be compiled, collected, or transmitted in any form not readily available.
(B) Subparagraph (A) shall not apply to the collection, compilation, or transmittal of data in the course of a judicial proceeding.