# 2 Consultation with State agencies and other organizations to develop conditions of participation for providers of services
See References in Text note below.
So in original. The word “and” probably should not appear.
[^1]*o*[^2]section 1395x of this titlesection 1395k(a)(2)(F)(i) of this title
In carrying out his functions, relating to determination of conditions of participation by providers of services, under subsections (e)(9), (f)(4), (j)(15), ()(6), (cc)(2)(I), and (dd)(2), and (mm)(1) of , or by ambulatory surgical centers under , the Secretary shall consult with appropriate State agencies and recognized national listing or accrediting bodies, and may consult with appropriate local agencies. Such conditions prescribed under any of such subsections may be varied for different areas or different classes of institutions or agencies and may, at the request of a State, provide higher requirements for such State than for other States; except that, in the case of any State or political subdivision of a State which imposes higher requirements on institutions as a condition to the purchase of services (or of certain specified services) in such institutions under a State plan approved under subchapter I, XVI, or XIX, the Secretary shall impose like requirements as a condition to the payment for services (or for the services specified by the State or subdivision) in such institutions in such State or subdivision.
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**Source Credit**: (Aug. 14, 1935, ch. 531, title XVIII, § 1863, as added Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79 Stat. 325; amended Pub. L. 92–603, title II, § 234(g)(2), Oct. 30, 1972, 86 Stat. 1413; Pub. L. 96–499, title IX, §§ 933(f), 934(c)(1), Dec. 5, 1980, 94 Stat. 2636, 2639; Pub. L. 97–248, title I, § 122(g)(2), Sept. 3, 1982, 96 Stat. 362; Pub. L. 98–369, div. B, title III, §§ 2335(c), 2349(b)(1), 2354(b)(32), July 18, 1984, 98 Stat. 1090, 1097, 1102; Pub. L. 100–360, title II, §§ 203(e)(2), 204(c)(1), July 1, 1988, 102 Stat. 725, 728; Pub. L. 101–234, title II, § 201(a), Dec. 13, 1989, 103 Stat. 1981; Pub. L. 101–239, title VI, § 6003(g)(3)(C)(ii), Dec. 19, 1989, 103 Stat. 2152; Pub. L. 101–508, title IV, § 4163(c)(1), Nov. 5, 1990, 104 Stat. 1388–99; Pub. L. 103–432, title I, § 145(c)(2), Oct. 31, 1994, 108 Stat. 4427.)
## Editorial Notes
### References in Text
Subsection (j) of , referred to in text, was amended generally by , , , and, as so amended, does not contain a par. (15).
### Amendments
1994— struck out “or whether screening mammography meets the standards established under ,” before “the Secretary shall consult”.
1990— inserted “or whether screening mammography meets the standards established under ,” after “,”.
1989— substituted “(jj)(3), and (mm)(1)” for “and (jj)(3)”.
repealed , §§ 203(e)(2), 204(c)(1), and provided that the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. In the case of the amendment by , was given effect by substituting “and (dd)(2)” for “(dd)(2), (jj)(3)” because of the intervening amendment by , see note above and 1988 Amendment note below.
1988—, inserted “or whether screening mammography meets the standards established under ,” after “1395k(a)(2)(F)(i) of this title,”.
, substituted “(dd)(2), and (jj)(3)” for “and (dd)(2)”.
1984—, struck out “(g)(4),” after “(e)(9), (f)(4),”.
, substituted “(j)(15)” for “(j)(11)”.
, substituted “appropriate State agencies” for “the Health Insurance Benefits Advisory Council established by , appropriate State agencies,”.
1982— substituted “(cc)(2)(I), and (dd)(2)” for “and (cc)(2)(I)”.
1980—, substituted “()(6), and (cc)(2)(I) of section 1395x” for “and ()(6) of section 1395x”.
, inserted “or by ambulatory surgical centers under ,”.
1972— substituted “subsections (e)(9), (f)(4), (g)(4), (j)(11), and ()(6) of ” for “subsections (e)(8), (f)(4), (g)(4), (j)(10), and ()(5) of ”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1994 Amendment
Amendment by applicable to mammography furnished by a facility on and after the first date that the certificate requirements of apply to such mammography conducted by such facility, see , set out as a note under .
### Effective Date of 1990 Amendment
Amendment by applicable to screening mammography performed on or after , see , set out as a note under section 1395 of this title.
### Effective Date of 1989 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1988 Amendment
Amendment by applicable to items and services furnished on or after , see , set out as a note under .
Amendment by applicable to screening mammography performed on or after , see , set out as a note under .
### Effective Date of 1984 Amendment
Amendment by effective , see , set out as a note under .
Amendment by effective , see , set out as a note under .
Amendment by effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see , set out as a note under .
### Effective Date of 1982 Amendment
Amendment by applicable to hospice care provided on or after , see , set out as a note under .
### Effective Date of 1980 Amendment
Amendment by effective with respect to a comprehensive outpatient rehabilitation facility’s first accounting period beginning on or after , see , set out as a note under .
### Effective Date of 1972 Amendment
Amendment by applicable with respect to providers of services for fiscal years beginning after the fifth month following October 1972, see , set out as a note under .
### Termination of Advisory Councils
Advisory councils in existence on , to terminate not later than the expiration of the 2-year period following , unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.