Charges imposed under waiver authority of Secretary
No deduction, cost sharing, or similar charge may be imposed under any waiver authority of the Secretary, except as provided in subsections (a)(3) and (b)(3) and section 1396 o –1 of this title, unless such waiver is for a demonstration project which the Secretary finds after public notice and opportunity for comment—
(1)#
will test a unique and previously untested use of copayments,
(2)#
is limited to a period of not more than two years,
(3)#
will provide benefits to recipients of medical assistance which can reasonably be expected to be equivalent to the risks to the recipients,
(4)#
is based on a reasonable hypothesis which the demonstration is designed to test in a methodologically sound manner, including the use of control groups of similar recipients of medical assistance in the area, and
(5)#
is voluntary, or makes provision for assumption of liability for preventable damage to the health of recipients of medical assistance resulting from involuntary participation.