123STA T . 32 57PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9repo r ting o fch i ldabus e , child m olestation, se x ual abuse, rape, or incest .SEC . 21 1. N one of the funds appropriated b y this A ct ( including funds appropriated to any trust fund ) may be used to carry out the M edicare Ad v antage program if the Secretary of H ealth and Human Services denies participation in such program to an other -w ise eligible entity (including a P rovider Sponsored O rgani z ation) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions
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d, T hat the Secretary shall ma k e appropriate prospective ad j ustments to the capitation payment to such an entity (based on an actuarially sound estimate of the expected costs of providing the service to such entity ’ s enrollees): Provided fu r th er, That nothing in this section shall be construed to change the Medicare program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain information about all Medicare covered services. SEC. 212.(a) E xcept as provided by subsection (e) none of the funds appropriated for fiscal year 2 0 10 or any subse q uent fiscal year by this or any subsequent appropriations Act may be used to withhold substance abuse funding from a State pursuant to section 1 9 2 6 of the Public Health Service Act ( ‘ ‘PHS Act’’) if such State certifies to the Secretary of Health and Human Services by May 1 of the fiscal year for which the funds are appropriated, that the State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State laws prohib- iting the sale of tobacco products to individuals under 1 8 years of age. (b) The amount of funds to be committed by a State under subsection (a) shall be equal to 1 percent of such State’s substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary under section 1926 of such Act. (c) The State is to maintain State expenditures in such fiscal year for tobacco prevention programs and for compliance activities at a level that is not less than the level of such expenditures maintained by the State for the preceding fiscal year, and adding to that level the additional funds for tobacco compliance activities required under subsection (a). The State is to submit a report to the Secretary on all State obligations of funds for such fiscal year and all State expenditures for the preceding fiscal year for tobacco prevention and compliance activities by program activity by J uly 3 1 of such fiscal year. (d) The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the certification described in subsection (a) as late as July 31 of such fiscal year. (e) None of the funds appropriated by this or any subsequent appropriations Act may be used to withhold substance abuse funding pursuant to section 1926 of the PHS Act from a territory that receives less than $ 1,000,000. SEC. 213. I n order for the D epartment of Health and Human Services to carry out international health activities, including HI V/ AIDS and other infectious disease, chronic and environmental dis- ease, and other health activities abroad during fiscal year 2010: (1) The Secretary of Health and Human Services may exercise authority equivalent to that available to the Secretary Reports.D e adlin e. Dr ug s and drug a b use. C erti f i c ation. Deadline. T obacco and tobacco products. 42US C 30 0 x– 2 6 a.
