A State child health plan shall include a description of-
the State has established for providing child health assistance to targeted low-income children under the plan and otherwise for maximizing health benefits coverage for other low-income children and children generally in the State.
Such plan shall identify specific strategic objectives relating to increasing the extent of creditable health coverage among targeted low-income children and other low-income children.
Such plan shall specify one or more performance goals for each such strategic objective so identified.
Such plan shall describe how performance under the plan will be-
A State child health plan shall include an assurance that the State will collect the data, maintain the records, and furnish the reports to the Secretary, at the times and in the standardized format the Secretary may require in order to enable the Secretary to monitor State program administration and compliance and to evaluate and compare the effectiveness of State plans under this subchapter.
A State child health plan shall include a description of the State's plan for the annual assessments and reports under section 1397hh(a) of this title and the evaluation required by section 1397hh(b) of this title.
A State child health plan shall include an assurance that the State will afford the Secretary access to any records or information relating to the plan for the purposes of review or audit.
A State child health plan shall include a description of the process used to involve the public in the design and implementation of the plan and the method for ensuring ongoing public involvement.
A State child health plan shall include a description of the budget for the plan. The description shall be updated periodically as necessary and shall include details on the planned use of funds and the sources of the non-Federal share of plan expenditures, including any requirements for cost-sharing by beneficiaries.
The following sections of this chapter shall apply to States under this subchapter in the same manner as they apply to a State under subchapter XIX:
Notwithstanding subsection (e)(2)(A) and section 1315(a) of this title:
Nothing in this subchapter (or any other provision of Federal law) shall be construed as preventing a State from considering children enrolled in a qualified CHIP look-alike program and children enrolled in a State child health plan under this subchapter (or a waiver of such plan) as members of a single risk pool.
In this subsection, the term "qualified CHIP look-alike program" means a State program-
1So in original. There are two closing parentheses for the opening parenthesis preceding "relating".
42 U.S.C. § 1397gg
Amendment of Subsection (e)(1)(G) Pub. L. 117-328 div. FF, title V, §5123(c), (d), Dec. 29, 2022, 136 Stat. 5946, provided that, effective July 1, 2025, subsection (e)(1)(G) of this section is amended by inserting "and subsection (a)(83) of section 1396a of this title (relating to searchable directories of the providers described in subsection (mm) of such section)" before the period at end. See 2022 Amendment note below.
EDITORIAL NOTES
CODIFICATIONAmendment by section 501(d)(2) of Pub. L. 111-3 executed after amendment by section 214(b) of Pub. L. 111-3 to reflect the probable intent of Congress, notwithstanding section 501(d)(3) of Pub. L. 111-3 set out as an Effective Date of 2009 Amendment note under section 1396a of this title.
AMENDMENTS2022-Subsec. (e)(1)(G). Pub. L. 117-328, §5123(c), inserted "and subsection (a)(83) of section 1396a of this title (relating to searchable directories of the providers described in subsection (mm) of such section)" before period at end.Subsec. (e)(1)(K) to (U). Pub. L. 117-328, §5112(b), added subpar. (K) and redesignated former subpars. (K) to (T) as (L) to (U), respectively. 2021-Subsec. (e)(1)(J) to (T). Pub. L. 117-2 added subpar. (J) and redesignated former subpars. (J) to (S) as (K) to (T), respectively. 2018-Subsec. (e)(1)(B) to (S). Pub. L. 115-123 added subpar. (B) and redesignated former subpars. (B) to (R) as (C) to (S), respectively.Subsec. (g). Pub. L. 115-120 added subsec. (g).2016-Subsec. (e)(1)(B) to (R). Pub. L. 114-255 added subpars. (B), (C), and (L), redesignated former subpars. (B) to (I) as (D) to (K) and (J) to (O) as (M) to (R), respectively, and in subpar. (P), as so redesignated, substituted "(a)(2)(C) (relating to Indian enrollment), (d)(5) (relating to contract requirement for managed care entities), (d)(6) (relating to enrollment of providers participating with a managed care entity), and (h) (relating to special rules with respect to Indian enrollees, Indian health care providers, and Indian managed care entities)" for "(a)(2)(C) and (h)". 2010-Subsec. (e)(1)(D). Pub. L. 111-309, §205(f)(2)(A), substituted "(kk)" for "(ii)". Pub. L. 111-148, §6401(c)(2), added subpar. (D). Former subpar. (D) redesignated (E). Subsec. (e)(1)(E). Pub. L. 111-148, §6401(c)(1), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F). Pub. L. 111-148, §2101(d)(2)(B), added subpar. (E). Former subpar. (E) redesignated (F).Subsec. (e)(1)(F). Pub. L. 111-152 which directed the substitution of "modified adjusted gross income" for "modified gross income" in subpar. (E), as added by section 2101(d)(2) of Pub. L. 111-148 was executed to subpar. (F) to reflect the probable intent of Congress and the redesignation of subpar. (E) as (F) by Pub. L. 111-148, §6401(c)(1). See below. Pub. L. 111-148, §6401(c)(1), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G). Pub. L. 111-148, §2101(d)(2)(A), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G). Subsec. (e)(1)(G) to (M). Pub. L. 111-148, §6401(c)(1), redesignated subpars. (F) to (L) as (G) to (M), respectively. Former subpar. (M) redesignated (N). Pub. L. 111-148, §2101(d)(2)(A), redesignated subpars. (F) to (L) as (G) to (M), respectively. Subsec. (e)(1)(N). Pub. L. 111-309 redesignated subpar. (N) relating to section 1396w-3 of this title as (O). Pub. L. 111-148, §6401(c)(1), redesignated subpar. (M), relating to section 1396w-2 of this title, as (N). Pub. L. 111-148, §2101(e), added subpar. (N) relating to section 1396w-3(b) of this title.Subsec. (e)(1)(O). Pub. L. 111-309 redesignated subpar. (N) relating to section 1396w-3 of this title as (O). 2009-Subsec. (e)(1). Pub. L. 111-5, §5006(e)(2)(B)(ii), rearranged subpars. into alphabetical order.Subsec. (e)(1)(B). Pub. L. 111-5, §5006(e)(2)(B)(i), redesignated subpar. (D) as (B). Former subpar. (B) redesignated (D). Pub. L. 111-3, §203(a)(2), added subpar. (B). Former subpar. (B) redesignated (C). Subsec. (e)(1)(C). Pub. L. 111-5, §5006(e)(2)(B)(iii), added subpar. (C). Former subpar. (C) redesignated (F). Pub. L. 111-5, §5006(b)(2)(B), added subpar. (C). Former subpar. (C) redesignated (D). Pub. L. 111-3, §501(d)(2), added subpar. (C). Former subpar. (C) redesignated (D). Pub. L. 111-3, §203(a)(2), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D). Subsec. (e)(1)(D). Pub. L. 111-5, §5006(e)(2)(B)(i), redesignated subpar. (B) as (D). Former subpar. (D) redesignated (B). Pub. L. 111-5, §5006(b)(2)(A), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E). Pub. L. 111-3, §503(a)(1), added subpar. (D). Former subpar. (D) redesignated (E). Pub. L. 111-3, §501(d)(2), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E). Pub. L. 111-3, §203(a)(2), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).Subsec. (e)(1)(E). Pub. L. 111-5, §5006(b)(2)(A), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F). Pub. L. 111-3, §503(a)(1), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F). Pub. L. 111-3, §501(d)(2), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F). Pub. L. 111-3, §214(b), added subpar. (E). Former subpar. (E) redesignated (F). Pub. L. 111-3, §203(a)(2), redesignated subpar. (D) as (E).Subsec. (e)(1)(F). Pub. L. 111-5, §5006(e)(2)(B)(i), redesignated subpar. (C) as (F). Former subpar. (F) redesignated (G). Pub. L. 111-5, §5006(b)(2)(A), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G). Pub. L. 111-3, §503(a)(1), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G). Pub. L. 111-3, §501(d)(2), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G). Pub. L. 111-3, §214(b), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G). Pub. L. 111-3, §203(d)(2), added subpar. (F).Subsec. (e)(1)(G). Pub. L. 111-5, §5006(e)(2)(B)(i), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (I). Pub. L. 111-5, §5006(b)(2)(A), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (H). Pub. L. 111-3, §503(a)(1), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (H). Pub. L. 111-3, §501(d)(2), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (H). Pub. L. 111-3, §214(b), redesignated subpar. (F) as (G). Subsec. (e)(1)(H). Pub. L. 111-5, §5006(b)(2)(A), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I). Pub. L. 111-3, §503(a)(1), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I). Pub. L. 111-3, §501(d)(2), redesignated subpar. (G) as (H).Subsec. (e)(1)(I). Pub. L. 111-5, §5006(e)(2)(B)(i), redesignated subpar. (G) as (I). Former subpar. (I) redesignated (J). Pub. L. 111-5, §5006(b)(2)(A), redesignated subpar. (H) as (I). Former subpar. (I) redesignated (J). Pub. L. 111-3, §503(a)(1), redesignated subpar. (H) as (I). Subsec. (e)(1)(J). Pub. L. 111-5, §5006(e)(2)(B)(i), redesignated subpar. (I) as (J). Former subpar. (J) redesignated (K). Pub. L. 111-5, §5006(d)(2)(B), added subpar. (J). Pub. L. 111-5, §5006(b)(2)(A), redesignated subpar. (I) as (J).Subsec. (e)(1)(K). Pub. L. 111-5, §5006(e)(2)(B)(i), redesignated subpar. (J) as (K). Former subpar. (K) redesignated (L). Pub. L. 111-5, §5006(d)(2)(A), redesignated subpar. (J) as (K).Subsec. (e)(1)(L). Pub. L. 111-5, §5006(e)(2)(B)(i), redesignated subpar. (K) as (L). Subsec. (f). Pub. L. 111-3, §112(a)(2)(A)(i), substituted "section 1315(a) of this title:" for "section 1315(a) of this title, the Secretary" and inserted par. (1) designation and "The Secretary" before "may not approve a waiver,".Subsec. (f)(1). Pub. L. 111-3, §112(a)(2)(A)(ii), (iii), inserted "or a parent (as defined in section 1397kk(c)(2)(A) of this title), who is not pregnant, of a targeted low-income child" after "nonpregnant childless adult" and struck out last sentence which read as follows: "For purposes of the preceding sentence, a caretaker relative (as such term is defined for purposes of carrying out section 1396u-1 of this title) shall not be considered a childless adult."Subsec. (f)(2). Pub. L. 111-3, §112(a)(2)(A)(iv), added par. (2). 2006-Subsec. (f). Pub. L. 109-171 added subsec. (f).2000-Subsec. (e)(1)(D). Pub. L. 106-554 added subpar. (D).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Amendment by section 5112(b) of Pub. L. 117-328 effective on the first day of the first fiscal quarter that begins on or after the date that is 1 year after Dec. 29, 2022, see section 5112(c) of Pub. L. 117-328 set out as a note under section 1396a of this title.Amendment by section 5123(c) of Pub. L. 117-328 effective July 1, 2025, see section 5123(d) of Pub. L. 117-328 set out as a note under section 1396a of this title.
EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117-2, title IX, §9822(b), Mar. 11, 2021, 135 Stat. 221, as amended by Pub. L. 117-328 div. FF, title V, §5113, Dec. 29, 2022, 136 Stat. 5940, provided that: "The amendments made by subsection (a) [amending this section], shall apply with respect to State elections made under paragraph (16) of section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)), as added by section 9812(a) of subtitle J of this title [subtitle J (§§9811-9819) of title IX of Pub. L. 117-2], beginning on the 1st day of the 1st fiscal year quarter that begins one year after the date of the enactment of this Act [Mar. 11, 2021]."[Pub. L. 117-328 div. FF, title V, §5113, Dec. 29, 2022, 136 Stat. 5940, provided in part that the amendment made by section 5113 to section 9822(b) of Pub. L. 117-2 set out above, is effective as if included in the enactment of Pub. L. 117-2.]
EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111-5 effective July 1, 2009, see section 5006(f) of Pub. L. 111-5 set out as a note under section 1396a of this title.Except as otherwise provided, amendment by Pub. L. 111-3 effective Apr. 1, 2009, and applicable to child health assistance and medical assistance provided on or after that date, see section 3 of Pub. L. 111-3 set out as a note under section 1396 of this title. Amendment by section 203(a)(2), (d)(2) of Pub. L. 111-3 effective Feb. 4, 2009, see section 203(f) of Pub. L. 111-3 set out as a note under section 1396a of this title.Amendment by section 501(d)(2) of Pub. L. 111-3 effective Jan. 1, 2009, see section 501(d)(3) of Pub. L. 111-3 set out as a note under section 1396a of this title. Pub. L. 111-3, title V, §503(a)(2), Feb. 4, 2009, 123 Stat. 89, provided that: "The amendment made by paragraph (1) [amending this section] shall apply to services provided on or after October 1, 2009."
EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-171, title VI, §6102(d), Feb. 8, 2006, 120 Stat. 132, provided that: "This section [amending this section and section 1397ee of this title and enacting provisions set out as a note below] and the amendments made by this section shall take effect as if enacted on October 1, 2005, and shall apply to any waiver, experimental, pilot, or demonstration project that is approved on or after that date."
CONSTRUCTION OF 2016 AMENDMENT Nothing in amendment by Pub. L. 114-255 to be construed as changing or limiting the appeal rights of providers or the process for appeals of States under the Social Security Act, see section 5005(d) of Pub. L. 114-255 set out as a note under section 1396a of this title.
CONSTRUCTION OF 2006 AMENDMENT Pub. L. 109-171, title VI, §6102(c), Feb. 8, 2006, 120 Stat. 131, as amended by Pub. L. 111-3, title I, §112(a)(2)(B), Feb. 4, 2009, 123 Stat. 33, provided that: "Subject to section 2111 of the Social Security Act [42 U.S.C. 1397kk], as added by section 112 of the Children's Health Insurance Program Reauthorization Act of 2009 [Pub. L. 111-3], nothing in this section [amending this section and section 1397ee of this title and enacting provisions set out as a note above] or the amendments made by this section shall be construed to- "(1) authorize the waiver of any provision of title XIX or XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.) that is not otherwise authorized to be waived under such titles or under title XI of such Act (42 U.S.C. 1301 et seq.) as of the date of enactment of this Act [Feb. 8, 2006];"(2) imply congressional approval of any waiver, experimental, pilot, or demonstration project affecting funds made available under the State children's health insurance program under title XXI of the Social Security Act (42 U.S.C. 1397aa et. seq.) or any amendment to such a waiver or project that has been approved as of such date of enactment; or"(3) apply to any waiver, experimental, pilot, or demonstration project that would allow funds made available under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) to be used to provide child health assistance or other health benefits coverage to a nonpregnant childless adult that is approved before the date of enactment of this Act or to any extension, renewal, or amendment of such a waiver or project that is approved on or after such date of enactment."
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- project
- The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 80131 of this title.