Pub. L. 101-239, tit. VI, subtit. B, pt. 1, sec. 6404
PAYMENT FOR FEDERALLY-QUALIFIED HEALTH CENTER SERVICES.
SEC. 6404. PAYMENT FOR FEDERALLY-QUALIFIED HEALTH CENTER SERVICES. (a) Coverage.—Section 1905(a)(2) of the Social Security Act (42 U.S.C. 1396d(a)(2)) is amended— (1) by striking “and” before “(B)”, (2) by striking “subsection (l)” and inserting “subsection (l)(1)”, and (3) by inserting before the semicolon at the end the following: and (C) Federally-qualified health center services (as defined in subsection (l)(2)) and any other ambulatory services offered by a Federally-qualified health center and which are otherwise included in the plan”. (b) Terms Defined.—Section 1905(1) of such Act is amended— (1) by redesignating clauses (1) and (2) as clauses (A) and (B), (2) by inserting “(1)” after “(l)”, and (3) by adding at the end the following new paragraph: “(2) (A) The term ‘Federally-qualified health center services’ means services of the type described in subparagraphs (A) through (C) of section 1861(aa)(1) when furnished to an individual as an outpatient of a Federally-qualified health center and, for this purpose, any reference to a rural health clinic or a physician described in section 1861(aa)(2)(B) is deemed a reference to a Federally-qualified health center or a physician at the center, respectively. “(B) The term ‘Federally-qualified health center’ means a facility which— “(i) is receiving a grant under section 329, 330, or 340 of the Public Health Service Act, or “(ii) based on the recommendation of the Health Resources and Services Administration within the Public Health Service, is determined by the Secretary to meet the requirements for receiving such a grant. In applying clause (ii), the Secretary may waive any requirement referred to in such clause for up to 2 years for good cause shown.”. (c) Payment Amounts.—Section 1902(a)(13)(E) of such Act (42 U.S.C. 1396a(a)(13)(E)) is amended by striking “section 1905(a)(2)(B) provided by a rural health clinic” and inserting “clause (B) or (C) of section 1905(a)(2)”. (d) Effective Date.—(1) The amendments made by this section apply (except as provided under paragraph (2)) to payments under title XIX of the Social Security Act for calendar quarters beginning on or after April 1, 1990, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the 103 STAT. 2265additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements 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 the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.