State flexibility to use contractors to make eligibility determinations, redeterminations, and fair hearings on behalf of a state

(a) Requirements With Respect to Eligibility Determinations Section 1902(a)(5) of the Social Security Act (42 U.S.C. 1396a(a)(5)) is amended by inserting before the semicolon at the end the following:, but such determinations of eligibility may be made, at the option of a State, under a contract with another State or local agency or a contractor, so long as the contract does not provide incentives for the agency or contractor to delay eligibility determinations or to deny eligibility for individuals otherwise eligible for medical assistance. (b) Requirements With respect to fair hearings Section 1902(a)(3) of the Social Security Act (42 U.S.C. 1396a(a)(3)) is amended by inserting before the semicolon at the end the following:, except that such fair hearing may be conducted, at the option of a State, under a contract with another State or local agency or a contractor, so long as such agency or contractor does not provide incentives to delay a fair hearing or to deny eligibility for an individual otherwise eligible for medical assistance.