104 STAT. 592 PUBLIC LAW 101-381—AUG. 18, 1990 Public information. Public information. demonstrates that the State has established a program that assures that— "(I) such amounts will be targeted to individuals who would not otherwise be able to afford health insurance coverage; and "(ID income, asset, and medical expense criteria will be established and applied by the State to identify those individuals who qualify for assistance under such program, and information concerning such criteria shall be made available to the public; "(C) the State will provide for periodic independent peer review to assess the quality and appropriateness of health and support services provided by entities that receive funds from the State under this part; "(D) the State will permit and cooperate with any Federal investigations undertaken regarding programs conducted under this part; "(E) the State will maintain HIV-related activities at a level that is equal to not less than the level of such expenditures by the State for the 1-year period preceding the fiscal year for which the State is applying to receive a grant under this part; and "(F) the State will ensure that grant funds are not utilized to make payments for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service— "(i) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or "(ii) by an entity that provides health services on a prepaid basis. " (c) REQUIREMENTS REGARDING IMPOSITION OF CHARGES FOR SERV- ICES. — "(1) IN GENERAL.— The Secretary may not make a grant under section 2611 to a State unless the State provides assurances that in the provision of services with assistance provided under the grant— "(A) in the case of individuals with an income less than or equal to 100 percent of the official poverty line, the provider will not impose charges on any such individual for the provision of services under the grant; "(B) in the case of individuals with an income greater than 100 percent of the official poverty line, the provider— "(i) will impose charges on each such individual for the provision of such services; and "(ii) will impose charges according to a schedule of charges that is made available to the public; "(C) in the case of individuals with an income greater than 100 percent of the official poverty line and not exceeding 200 percent of such poverty line, the provider will not, for any calendar year, impose charges in an amount exceeding 5 percent of the annual gross income of the individual involved; "(D) in the case of individuals with an income greater than 200 percent of the official poverty line and not exceeding 300 percent of such poverty line, the provider will not.
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