§ 1440. — Payor of last resort.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1440]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER III--INFANTS AND TODDLERS WITH DISABILITIES
Sec. 1440. Payor of last resort
(a) Nonsubstitution
Funds provided under section 1443 of this title may not be used to
satisfy a financial commitment for services that would have been paid
for from another public or private source, including any medical program
administered by the Secretary of Defense, but for the enactment of this
subchapter, except that whenever considered necessary to prevent a delay
in the receipt of appropriate early intervention services by an infant,
toddler, or family in a timely fashion, funds provided under section
1443 of this title may be used to pay the provider of services pending
reimbursement from the agency that has ultimate responsibility for the
payment.
(b) Reduction of other benefits
Nothing in this subchapter shall be construed to permit the State to
reduce medical or other assistance available or to alter eligibility
under title V of the Social Security Act [42 U.S.C. 701 et seq.]
(relating to maternal and child health) or title XIX of the Social
Security Act [42 U.S.C. 1396 et seq.] (relating to Medicaid for infants
or toddlers with disabilities) within the State.
(Pub. L. 91-230, title VI, Sec. 640, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 116.)
References in Text
The Social Security Act, referred to in subsec. (b), is act Aug. 14,
1935, ch. 531, 49 Stat. 620, as amended. Titles V and XIX of the Act are
classified generally to subchapters V (Sec. 701 et seq.) and XIX
(Sec. 1396 et seq.), respectively, of chapter 7 of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see section 1305 of Title 42 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 1435, 1437 of this title.
