Page:United States Statutes at Large Volume 102 Part 2.djvu/673

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-435—SEPT. 19, 1988

102 STAT. 1677

paragraph (IXO for a fiscal year, subject to the conclusion of any formal or informal appeal procedure and administrative or judicisQ review under section 14 (as provided for in paragraph (7)), before the end of the fiscal year following such fiscal year. "(6) At the time the Secretary makes the notification to State Claims. agencies of their error rates and incentive payments or claims pursuant to paragraphs (I)(A) and (I)(C), the Secretary shall also announce a national performance measure that shall be the sum of the products of each State agency's error rate as developed for the notifications under paragraph (5) times that State agency's proportion of the total value of national allotments issued for the fiscal year using the most recent issuance data available at the time of the notifications issued pursuant to paragraph (5). Where a State fails to meet reporting requirements pursuant to paragraph (4), the Secretary may use another measure of a State's error developed pursuant to paragraph (5), to develop the national performance measure. The announced national performance measure shall be used to establish a payment-error tolerance level. Such tolerance level for any fiscal year will be one percentage point added to the lowest national performance measure ever announced up to and including such fiscal year under this section. The payment-error tolerance level shall be used in determining the State share of the cost of payment error under paragraph (I)(C) for the fiscal year whose error rates are being annoimced under paragraph (5). "(7) If the Secretary asserts a financial claim against a State agency under paragraph (I)(C), the State may seek administrative and judicial review of the action pursuant to section 14."; and (2) by striking out subsection (d) and inserting in lieu thereof the following new subsection: "(d) The Secretary shall undertake the following studies of Reports. the payment error improvement system established under subsection (c): "(1) An assessment of the feasibility of measuring payment errors due to improper denials and terminations of benefits or otherwise developing performance standards with financial consequences for improper denials and terminations, including incorporation in subsection (c). The Secretary shall report the results of such study and the recommendations of the Secretary to the Congress by July 1, 1990. "(2) An ev£duation of the effectiveness of the system of program improvement initiated under this section that shall be reported to the Congress along with the Secretary's recommendations no later than 3 years from the date of enactment of this section.".


(a) IN GENERAL.—Except as otherwise provided for in section 503 and in subsection (b) of this section, this Act and the amendments made by this Act shall become effective and be implemented on October 1, 1988. (b) SPECIAL RULES.—

(1) The amendments made by sections 101, 103, 301, 321(c), 343, and 401 shall become effective and be implemented on the date of enactment of this Act.

7 USC 2012 note.