S.C. Code Regs. 61-89.1 - Federal requirements
(a)
Section1006(c)(2)(c)(2) of the Public Health Service Act applies to Federal grants
to States for family planning services. It provides as follows: "no charge will be
made in such project or program for services provided to any person from a
low-income family except to the extent that payment will be made by a third party
(including a government agency) which is authorized or is under legal obligation to
pay such charge." The next sentence authorizes the Secretary of Health and Human
Services to define the term "low-income family" in accordance with such criteria as
he may prescribe so as to insure that economic status shall not be a deterrent to
participation in the program.
(b) The
present definition of "low-income family" is in section 59.2 of Title 42 of the Code
of Federal Regulations (published June 3, 1980). It states that "low income family"
means a family whose total annual income does not exceed 100 percent of the most
recent Income Poverty Guidelines. "Low income family" also includes members of
families whose annual family income exceeds this amount, but who, as determined by
the project director, are unable, for good reasons, to pay for family planning
services. For example, unemancipated minors who wish to receive services on a
confidential basis must be considered on the basis of their own resources.
(c) It is required in subsection (a)(8) of
Section59.5 of Title 42 of the Code of Federal Regulations that family planning
projects must provide that charges will be made for services to persons other than
those from low-income families in accordance with a schedule of discounts based on
ability to pay, except that charges to persons from families whose annual income
exceeds 250 percent of the levels set forth in the most recent Income Poverty
Guidelines will be made in accordance with a schedule of fees designed to recover
the reasonable cost of providing services.
(d) The Department of Health and Human Services
has interpreted the word "services" in these laws to include supplies.
Notes
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