39-788. Act not in conflict with federal statute or regulation until final determination by federal secretary of health and human services that conflict exists; judicial review of such determination;
39-788
39-788. Act not in conflict with federal statute or regulation untilfinal determination by federal secretary of health and human services thatconflict exists; judicial review of such determination; notification ofappropriate committees of legislature.(a) No provision of this act shall be considered to be in conflict with anyfederal statute or regulation until after a final determination by thesecretary of the United States department of health and human servicesfinding such a conflict.
(b) If the secretary of the United States department of health and humanservices makes an initial determination that any provision of this act isin conflict with any federal statute or regulation, the secretary of socialand rehabilitation services shall take all available and necessary steps toobtain a final determination reversing that decision. If a finaldetermination is made that this act conflicts with federal law, thesecretary of social and rehabilitation services shall immediately requestthat the attorney general seek judicial review of the determination andshall immediately notify the appropriate policy and fiscal committees of the legislature.
History: L. 1988, ch. 143, § 4; May 1.