PUBLIC LAW 102-531—OCT. 27, 1992 106 STAT. 3485 such paragraph. The Secretary may authorize such a grantee to provide the services and activities directly, or uirough arrangements with other providers.
- (b) STATUS AS MEDICAID PROVIDER.—
"(1) IN GENERAL.— Subject to paragraph (2), the Secretary may not make a grant under subsection (a) unless, in the case of any service described in such subsection that is made available pursuant to the State plan approved under title XIX of the Social Security Act for the State involved— "(A) the applicant for the grant will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan: or "(B) the applicant will enter into an agreement with a provider under which the provider will provide the service, and the provider has entered into sudi a participation agreement and is qualified to receive such payments. "(2) WAIVER REGARDING CERTAIN SECONDARY AGREE- MENTS.— "(A) In the case of a provider making an agreement pursuant to paragraph (I)(B) regarding the provision of services, the requirement established in such paragraph regarding a participation agreement shall be waived by the Secretary if the provider does not, in providing health care services, impose a charge or accept reimbursement availablefiromany third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits plan. "(B) A determination by the Secretary of whether a provider referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the provider accepts voluntary donations regarding the provision of services to the public. 'Xc) PRIORITY IN MAKING GRANTS.— In making grants under subsection (a), the Secretary shall give priority to applications for Erograms that will serve areas with a high incidence of elevated IOMI lead levels in infants and children. (d) GRANT APPLICATION. — No erant may be made under subsection (a), unless an application therefor has been submitted to, and approved by, the Secretary. Such an application shall be in such form and shall be submitted in such manner as the Secretary shall prescribe and shall include each of the following: "(1) A complete description of the program which is to be provided by or thiough the applicant. "(2) Assurances satisfactoiy to the Secretary that the program to be provided under the grant applied for will include educational programs designed to— "(A) communicate to parents, educators, and local health officials the significance and prevalence of lead poisoning in infants and children (including tilie sources of lead exposure, the importance of screening young children for lead, and the preventive steps that parents can take in reducing the nsk of lead poisoning) which the prt^pram is designed to detect and prevent; and '^B) communicate to health professionals and paraprofessionals updated knowledge concerning lead poisoning and research (including the health consequences, if any,
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