S.C. Code Regs. § § 61-89.1

Current through Register Vol. 48, No. 10, October 25, 2024

Section 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.

S.C. Code Regs. § 61-89.1