Page images
PDF
EPUB

of the trivalent organic arsenicals shall bear the statements required in § 73.96 (b) and (c) and an additional statement giving the amount of the drug contained in the ampoule.

$ 73.96 Outside label. The outside label, in addition to the complete proper name and all other items required for products generally shall show conspicu

ously: (a) If the product is dispensed as a mixture or solution, the name of all admixed substances,

(b) If the ampoule is a multiple dose container, the fact that it is a multiple dose container,

(c) Specific method of preparation, if any, required prior to administration, as, for example, alkalinization.

CHAPTER 1-CHILDREN'S BUREAU, SOCIAL
SECURITY ADMINISTRATION, FEDERAL

SECURITY AGENCY

Part 200 201 202 203 204 206

General.
Maternal and child health services.
Services for crippled children.
Child welfare services.
Emergency maternity and infant care services.
Administrative procedure.

Cross Reference: Regulations of Child Labor Branch under the Fair Labor Standards Act: See 29 CFR Chapter IV.

Part 200—General $ 200.1 Definitions. As used in Parts 201, 202, and 203 of this chapter, unless the context otherwise requires:

(a) State. The term "State" includes Alaska, Hawaii, and the District of Columbia, and on and after January 1, 1940, includes Puerto Rico.

(b) Act. The term "act" means the Social Security Act of August 14, 1935, as amended by the Social Security Act Amendments of August 10, 1939 (49 Stat. 620, 53 Stat. 1360; 42 U. S. C. Chapter 7).

(c) [Reserved]

(d) Bureau. The term "Bureau" means the Children's Bureau of the Federal Security Agency.

(e) Certify. The term "certify" when used in connection with the duty imposed on the Federal Security Administrator by sections 504, 514, and 521 of the act, means that action taken by the Federal Security Administrator in the form of a written statement addressed and delivered to the Secretary of the Treasury, setting forth the amount of funds

payable to a State for maternal and child health services, services for crippled children, or child welfare services as contemplated by parts 1, 2, and 3 of Title V of the act.

(f) Allotment. The term “allotment" means that part of an appropriation which the Federal Security Administrator determines shall be available to a State under any of the appropriate provisions of parts 1, 2, and 3 of Title V of the act.

(g) Fund MCH-A. The term "Fund MCH-A" means that part of an appropriation for maternal and child health services required to be allotted to the States by section 502 (a) of the act.

(h) Fund MCH-B. The term "Fund MCH-B” means that part of an appropriation for maternal and child health services required to be allotted to the States by section 502 (b) of the act.

(i) Fund CC-A. The term “Fund CC-A” means that part of an appropriation for crippled children's services required to be allotted to the States by section 512 (a) of the act.

(j) Fund CC-B. The term "Fund CC-B” means that part of an appropriation for crippled children's services required to be allotted to the States by section 512 (b) of the act.

(k) Obligation. The term "obligation” means a debt properly incurred in accordance with the provisions of an approved State plan.

(1) Official forms. The term "official forms" means forms supplied by the Bureau to State agencies for use in the administration of parts 1, 2, and 3 of Title V of the act. (Sec. 1102, 49 Stat. 647, as amended; 42 U. S. C. 1302) (4 F. R. 4456, as amended at 13 F. R. 7742)

Part 201—Maternal and Child

Health Services Sec. 201.1 Allotments. 201.2 Periods allotments remain available. 201.3 Allotments from Fund MCH-B. 201.4 Submission of plans. 201.5 Personnel standards. 201.6 Quarterly estimates, 201.7 Private funds. 201.8 Certification for payment to States. 201.9 Expenditures. 201.10 Quarterly reports of activities. 201.11 Quarterly financial reports; adjust

ments. 201.12 Disposition of balances of funds paid

to the State. AUTHORITY: $ $201.1 to 201.12 issued under sec. 1102, 49 Stat. 647, as amended; 42 U. S. C. 1302. Interpret or apply secs. 502–604, 49 Stat. 629-630, as amended; 42 U. 8. C. 702– 704.

SOURCE: $8 201.1 to 201.12 appear at 4 F. R. 4456, except as noted following section affected.

$ 201.1 Allotments. The Federal Security Administrator shall allot funds to the States for maternal and child health services pursuant to subsections (a) and (b) of section 502 of the act. Allotments from Fund MCH-A shall be available for payment when and to the extent that equal sums are provided (matched) by the States. Allotments from Fund MCH-B shall be made upon the basis of the financial need of each State for assistance in carrying out its approved plan for such services, as determined by the Federal Security Administrator, and shall not be required to be matched by the States.

$ 201.2 Periods allotments remain available. The unpaid balance of an al

lotment to a State from Fund MCH-A in the Federal Treasury at the end of the fiscal year shall be available for payment to the State until the end of the second succeeding fiscal year. The unpaid balance of an allotment to a State from Fund MCH-B in the Federal Treasury at the end of the fiscal year shall cease to be available to such State, except that obligations incurred within the fiscal year against such an allotment may be paid in the first succeeding fiscal year out of the unpaid balance of such allotment.

$ 201.3 Allotments from Fund MCH-B. The Federal Security Administrator shall make an allotment to a State from Fund MCH-B only when the allotment from Fund MCH-A and the unobligated and unpaid balances of allotments made to such State from Fund MCH-A in previous years under section 502 (a) of the act have been requested by such State for payment and planned for expenditure by it within the limit of its ability to meet the matching requirements of the act. The amount of funds available to a State as an adjustment of prior expenditures, described in $201.11, shall be taken into consideration in determining the amount of an allotment to such State from Fund MCH-B.

8 201.4 Submission of plans. A State, through its health agency, shall submit on official forms to the Chief of the Bureau for approval a plan for maternal and child health services. The plan shall meet the requirements of section 503 (a) of the act, in order to make the State eligible to receive payments from funds allotted to it for such services. The plan shall include a budget, prepared on official forms, which shall show the source or sources of all funds to be expended under the plan, and the items, in detail, for which such expenditures are to be made. No plan or budget may be amended without the approval of the Chief of the Bureau.

$ 201.5 Personnel standards. State plans for maternal and child-health services approved by the Chief of the Bureau shall provide for the establishment and maintenance of personnel standards on a merit basis. Included in such standards shall be such provisions regarding the administration of a merit system and qualifications of personnel as shall be established by the Bureau after taking into consideration recommendations of the State and Territorial health officers and of the Bureau's advisory committees, and standards set by national professional organizations relating to qualifications of professional personnel and classification of professional schools: Provided, however, That the Chief of the Children's Bureau shall not promulgate or carry out any instruction, order, or regulation relating to the care of obstetrical cases which discriminates between persons licensed under State law to practice obstetrics or prevents any patient from having the seryices of any practitioner of her own choice, so long as State laws are complied with. (8 F. R. 10674)

201.6 Quarterly estimates. Prior to the beginning of each quarter, the executive officer of the State health agency shall submit on official forms to the Chief of the Bureau a statement of estimated expenditures and sources of funds for activities during such quarter. Such statement shall show (a) the sum to be expended out of allotments to the State from Fund MCH-A; (b) an equal sum, except for adjustments for a prior quarter or quarters, to be expended out funds made available by the State from funds of the State, its political subdivisions, and other sources; and (c) the sum to be expended out of allotments to the State from Fund MCH-B.

$201.7 Private funds. Funds obtained from private sources which are made fully available for expenditure under the approved State plan may be included in the computation of the extent to which the State health agency proposes to match its allotment from Fund MCH-A. But this shall not apply to funds provided by private agencies or institutions whose facilities are to be used in carrying out the State plan under arrangements involving compensation for such use from Federal, State, or other funds brought within the plan. Private funds shall be placed on deposit in accordance with the State law, but if there is no State law applicable to this procedure, the funds shall be deposited with the State treasurer, the treasurer of a political subdivision, or in a private depository, in a special account to the credit of the State health agency. If the funds are deposited with the State treasurer or the treasurer of a political subdivision, the certificate of the treasurer shall be furnished showing the deposit of such funds in a special account

to the credit of the State health agency. If the funds are placed in a private depository, the certificate of an officer of the private depository shall be furnished showing the deposit of such funds in a special account to the credit of the State health agency.

$ 201.8 Certification for payment to States. (a) The Federal Security Administrator shall certify for payment to a State such portion of its allotment from Fund MCH-A as shall be (1) planned for expenditure by it in its approved plan for maternal and child health services in accordance with its quarterly estimates for such expenditures, and (2) matched by funds appropriated or made available by the State or its political subdivisions and by funds obtained from other sources. The amount to be certified shall be reduced or increased, as the case may be, by the extent to which the Federal Security Administrator finds it necessary to make adjustment to equalize expenditures, in a prior quarter or quarters, or funds paid to the State by the Federal Government from the allotment from Fund MCH-A, and expenditures of State and other funds used for matching purposes.

(b) The Federal Security Administrator shall certify funds for payment to a State from its allotment from Fund MCH-B in accordance with its approved plan and quarterly estimates of expendi. tures.

g 201.9 Expenditures. A State shall expend all funds paid to it by the Federal Government for expenditure under the approved State plan and all State and other funds used for matching under the plan for the purposes specified in section 501 of the act. State laws and regulations governing the custody and disbursement of State and other funds used for matching shall control the custody and disbursement of funds paid by the Federal Government to the State in accordance with its approved plan, subject to such amplification or modification as the Chief of the Bureau may find to be necessary under Federal laws, regulations, orders, and decisions.

§ 201.10 Quarterly reports of activities. Reports prepared on official forms shall be submitted by the executive officer of the State health agency to the Bureau at the end of each quarter. They shall contain a statement of the activities conducted by the State health agency

SOURCE: $ $ 202.1 to 202.12 appear at 4 F. R. 4457, except as noted following section affected.

or under its supervision in carrying out the State plan. Other reports shall be furnished from time to time as required.

§ 201.11 Quarterly financial reports; adjustments. Financial reports on official forms shall be submitted to the Bureau at the end of each quarter. The Bureau shall determine the amounts of adjustments necessary to equalize expenditures of funds paid to the State by the Federal Government from Fund MCH-A allotments and expenditures of State and other matching funds, and shall notify the State of the amounts of such adjustments. Adjustment of the amounts to be certified for payment to the State each quarter from its allotments for maternal and child health services shall be made in accordance with such determinations and notifications, and after taking into consideration any overpayment or underpayment to the State in prior quarters.

$ 201.12 Disposition of balances of funds paid to the State. A State may retain funds paid to it in accordance with its approved plan not expended or obligated upon the termination of such plan. It may charge such funds as a prepayment against payments to it authorized in accordance with its approved plan for an ensuing period. In the event no new plan is submitted for approval within 60 days after the termination of its prior plan, the balance of unexpended or unobligated funds paid to the State in accordance with that plan shall be returned to the Treasury of the United States through the Bureau.

$ 202.1 Allotments. The Federal Security Administrator shall allot funds to the States for services for crippled children pursuant to subsections (a) and (b) of section 512 of the act. The amount of funds available to a State as an adjustment of prior expenditures, described in § 202.11, shall be taken into consideration in determining the amount of an allotment to the State from Fund CC-A. Allotments from Fund CC-A shall be available for payment when and to the extent that equal sums are provided (matched) by the States. Allotments from Fund CC-B shall be made upon the basis of the financial need of each State for assistance in carrying out its approved plan for such services, as determined by the Federal Security Administrator, and shall not be required to be matched by the States.

$ 202.2 Periods allotments remain available. The unpaid balance of an allotment to a State from Fund CC-A in the Federal Treasury at the end of the fiscal year shall be available for payment to the State until the end of the second succeeding fiscal year. The unpaid balance of an allotment to a State from Fund CC-B in the Federal Treasury at the end of the fiscal year shall cease to be available to such State, except that obligations incurred within the fiscal year against such an allotment may be paid in the first succeeding fiscal year out of the unpaid balance of such allotment.

§ 202.3 Allotments from Fund CC-B. The Federal Security Administrator shall make an allotment to a State from Fund CC-B only when the allotment from Fund CC-A and the unobligated and unpaid balances of allotments made to such State from Fund CC-A in previous years under section 512 (a) of the act have been requested by such State for payment and planned for expenditure by it within the limit of its ability to meet the matching requirements of the act. The amount of funds available to a State as an adjustment of prior expenditures, described in $ 202.11, shall be taken into consideration in determining the amount of an allotment to such State from Fund CC-B.

$ 202.4 Submission of plans. A State, through its appropriate agency, shall

Part 202—Services for Crippled

Children

Sec. 202.1 Allotments. 202.2 Periods allotments remain available. 202.3 Allotments from Fund CC-B. 202.4 Submission of plans. 202.5 Personnel standards. 202.6 Quarterly estimates. 202.7 Private funds. 202.8 Certification for payment to States. 202.9 Expenditures. 202.10 Quarterly reports of activities. 202.11 Quarterly financial reports; adjust

ments. 202.12 Disposition of balances of funds paid

to the State.

AUTHORITY: $ $ 202.1 to 202.12 issued under sec. 1102, 49 Stat. 647, as amended; 42 U.S. C. 1302. Interpret or apply secs. 511-515, 49 Stat. 631-633, as amended; 42 U. S. C. 711-715.

« PreviousContinue »