View all text of Subchapter III [§ 1431 - § 1444]
§ 1440. Payor of last resort
(a) Nonsubstitution
(b) Obligations related to and methods of ensuring services
(1) Establishing financial responsibility for services
(A) In general
The Chief Executive Officer of a State or designee of the officer shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency and the designated lead agency, in order to ensure—
(i) the provision of, and financial responsibility for, services provided under this subchapter; and
(ii) such services are consistent with the requirements of section 1435 of this title and the State’s application pursuant to section 1437 of this title, including the provision of such services during the pendency of any such dispute.
(B) Consistency between agreements or mechanisms under subchapter II
(2) Reimbursement for services by public agency
(A) In general
(B) Reimbursement
(3) Special rule
The requirements of paragraph (1) may be met through—
(A) State statute or regulation;
(B) signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or
(C) other appropriate written methods as determined by the Chief Executive Officer of the State or designee of the officer and approved by the Secretary through the review and approval of the State’s application pursuant to section 1437 of this title.
(c) Reduction of other benefits
(Pub. L. 91–230, title VI, § 640, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2757.)