PUBLIC LAW 100-607—NOV. 4, 1988 102 STAT. 3083

States for the audit of governmental organizations, pro-
grams, activities, and functions.

"(3) The Secretary may not make payments under section
2401(a) for a fiscal year unless the State: involved agrees that,
not later than 30 days after the completion of an audit under
paragraph (2), the State will provide a copy of the audit report
to the State legislature.

"(4) For purposes of paragraph (2), the term 'financial and
compliance audit' means an audit to determine whether the
financial statements of an audited entity present fairly the
financial position, and the results of financial operations, of the
entity in accordance with generally accepted accounting prin-
ciples, and whether the entity has complied with laws and
regulations that may have a material effect upon the financial
statements.

"(c) AVAILABILITY TO PUBLIC.—The Secretary may not make pay-
ments under section 2401(a) unless the State involved agrees to
make copies of the reports and audits described in this section
available for public inspection.

"(d) EVALUATIONS BY COMPTROLLER GENERAL.—The Comptroller
General of the United States shall, from time to time, evaluate the
expenditures by the States of payments under section 2401(a) in
order to assure that expenditures are consistent with the provisions
of this part.

"SEC. 2406. ADDITIONAL REQUIRED AGREEMENTS. 42 USC 300dd-5.

"(a) IN GENERAL.—The Secretary may not make payments under
section 2401(a) for a fiscal year unless the State involved agrees
that-
'll) the legislature of the State will conduct public hearings
on the proposed use and distribution of the payments to be
received from the allotments for each such fiscal year;

"(2XA) the State will, to the maximum extent practicable,
ensure that services provided to an individual pursuant to the
program involved will be provided without regard to the ability
of the individual to pay for such services and without regard to
the current or past health condition of the individual;

"(B) if any charges are imposed for the provision of home and
community-based health services for which assistance is pro-
vided under this part, such charges (i) will be pursuant to a
public schedule of charges, (ii) will not be imposed on any
eligible individual with an income that does not exceed 100
percent of the official poverty line, and (iii) for an eligible
individual with an income that exceeds 100 percent of the
official poverty line, will be adjusted to reflect the income of the
individual;

"(3) the State will provide for periodic independent peer
review to assess the quality and appropriateness of home and
community-based health services provided by entities that re-
ceive funds from the State pursuant to section 2401(a);

"(4) the State will permit and cooperate with Federal inves-
tigations undertaken under section 2409(e);

"(5) the State will maintain State expenditures for home and
community-based health services for individuals infected with
the etiologic agent for acquired immune deficiency syndrome at
a level equal to not less than the average level of such expendi-
tures maintained by the State for the 2-year period preceding