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Title 42 — The Public Health and Welfare

Chapter 7 — Social Security

§ 1396v. References to laws directly affecting medicaid program

Statutory text

(a)

Authority or requirements to cover additional individuals

For provisions of law which make additional individuals eligible for medical assistance under this subchapter, see the following:

(1)

AFDC

(A)

Section 602(a)(32) 1 of this title (relating to individuals who are deemed recipients of aid but for whom a payment is not made).

(B)

Section 602(a)(37) 1 of this title (relating to individuals who lose AFDC eligibility due to increased earnings).

(C)

Section 606(h) 1 of this title (relating to individuals who lose AFDC eligibility due to increased collection of child or spousal support).

(D)

Section 682(e)(6) 1 of this title (relating to certain individuals participating in work supplementation programs).

(2)

SSI

(A)

Section 1382(e) of this title (relating to treatment of couples sharing an accommodation in a facility).

(B)

Section 1382h of this title (relating to benefits for individuals who perform substantial gainful activity despite severe medical impairment).

(C)

Section 1383c(b) of this title (relating to preservation of benefit status for disabled widows and widowers who lost SSI benefits because of 1983 changes in actuarial reduction formula).

(D)

Section 1383c(c) of this title (relating to individuals who lose eligibility for SSI benefits due to entitlement to child’s insurance benefits under section 402(d) of this title).

(E)

Section 1383c(d) of this title (relating to individuals who lose eligibility for SSI benefits due to entitlement to early widow’s or widower’s insurance benefits under section 402(e) or (f) of this title).

(3)

Foster care and adoption assistance

Sections 672(h) and 673(b) of this title (relating to medical assistance for children in foster care and for adopted children).

(4)

Refugee assistance

Section 1522(e)(5) of title 8 (relating to medical assistance for certain refugees).

(5)

Miscellaneous

(A)

Section 230 of Public Law 93–66 (relating to deeming eligible for medical assistance certain essential persons).

(B)

Section 231 of Public Law 93–66 (relating to deeming eligible for medical assistance certain persons in medical institutions).

(C)

Section 232 of Public Law 93–66 (relating to deeming eligible for medical assistance certain blind and disabled medically indigent persons).

(D)

Section 13(c) of Public Law 93–233 (relating to deeming eligible for medical assistance certain individuals receiving mandatory State supplementary payments).

(E)

Section 503 of Public Law 94–566 (relating to deeming eligible for medical assistance certain individuals who would be eligible for supplemental security income benefits but for cost-of-living increases in social security benefits).

(F)

Section 310(b)(1) of Public Law 96–272 (relating to continuing medicaid eligibility for certain recipients of Department of Veterans Affairs pensions).

(b)

Additional State plan requirements

For other provisions of law that establish additional requirements for State plans to be approved under this subchapter, see the following:

(1)

Section 1382g of this title (relating to requirement for operation of certain State supplementation programs).

(2)

Section 212(a) of Public Law 93–66 (relating to requiring mandatory minimum State supplementation of SSI benefits program).

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Medicare and Medicaid Budget Reconciliation Amendments of 1985

    Pub. L. 99–272 title IX § 9526 · 100 Stat. 82

    Enacted · 42 U.S.C. § 1396v

    Aug. 14, 1935, ch. 531, title XIX, § 1939, formerly § 1920, as added Pub. L. 99–272, title IX, § 9526, Apr. 7, 1986, 100 Stat. 218

    Source evidence

    Code source credit
    Aug. 14, 1935, ch. 531, title XIX, § 1939, formerly § 1920, as added Pub. L. 99–272, title IX, § 9526, Apr. 7, 1986, 100 Stat. 218

    Enacted provision · exact public law section
    SEC. 9526. REFERENCE TO PROVISIONS OF LAW PROVIDING COVERAGE UNDER, OR DIRECTLY AFFECTING, THE MEDICAID PROGRAM. Title XIX of the Social Security Act is amended by adding at the end thereof the following new section: “Sec. 1920. “references to laws directly affecting medicaid program (a) Authority or Requirements to Cover Additional Individuals.— For provisions of law which make additional individuals eligible for medical assistance under this title, see the following: “(1) AFDC.— (A) Section 402(a)(37) of this Act (relating to individuals who lose AFDC eligibility due to increased earnings). “(B) Section 406(h) of this Act (relating to individuals who lose AFDC eligibility due to increased collection of child or spousal support). “(C) Section 414(g) of this Act (relating to certain individuals participating in work supplementation programs). “(2) SSI.— Section 1619 of this Act (relating to benefits for individuals who perform substantial gainful activity despite severe medical impairment). “(3) Foster care and adoption assistance.— Section 473(b) of 42 USC 673. this Act (relating to medical assistance for children in foster care and for adopted children). “(4) Refugee assistance.— Section 412(e)(5) of the Immigration 8 USC 1522. and Nationality Act (relating to medical assistance for certain refugees). “(5) Miscellaneous.— (A) Section 230 of Public Law 93–66 (relating to deeming eligible for medical assistance certain essential persons). “(B) Section 231 of Public Law 93–66 (relating to deeming 42 USC 1396a note. eligible for medical assistance certain persons in medical institutions). “(C) Section 232 of Public Law 93–66 (relating to deeming 42 USC 1396a note. eligible for medical assistance certain blind and disabled medically indigent persons). “(D) Section 13(c) of Public Law 93–233 (relating to deeming 42 USC 1396a note. eligible for medical assistance certain individuals receiving mandatory State supplementary payments). “(E) Section 503 of Public Law 94–566 (relating to deeming 42 USC 1396a note. eligible for medical assistance certain individuals who would be eligible for supplemental security income benefits but for cost-of-living increases in social security benefits). “(F) Section 310(b)(1) of Public Law 96–272 (relating to 42 USC 1396a note. continuing medicaid eligibility for certain recipients of Veterans’ Administration pensions). “(b) Additional State Plan Requirements.— For other provisions of law that establish additional requirements for State plans to be approved under this title, see the following: “(1) Section 1618 of this Act (relating to requirement for 42 USC 1382g. operation of certain State supplementation programs). “(2) Section 212(a) of Public Law 93–66 (relating to requiring 42 USC 1382 note. mandatory minimum State supplementation of SSI benefits program).”.

  2. Tax Reform Act of 1986

    Pub. L. 99–514 § 1895(c)(5)(A) · 100 Stat. 2085

    1. Redesignated · 42 U.S.C. § 1396v(a)(1)

      Pub. L. 99–514, § 1895(c)(5)(A), redesignated subpars. (B) and (C) as (C) and (D), respectively

    2. Inserted · 42 U.S.C. § 1396v(a)(1)

      Pub. L. 99–514, § 1895(c)(5)(A), inserted at beginning of subpar. (A) “Section 602(a)(32) of this title (relating to individuals who are deemed recipients of aid but for whom a payment is not made).”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 99–514, § 1895(c)(5)(A), redesignated subpars. (B) and (C) as (C) and (D), respectively, and inserted at beginning of subpar. (A) “Section 602(a)(32) of this title (relating to individuals who are deemed recipients of aid but for whom a payment is not made).”

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and (ii) by inserting after “(A)” the following: “Section 402(a)(32) of this Act (relating to individuals who are deemed recipients of aid but for whom a payment is not made).

  3. Tax Reform Act of 1986

    Pub. L. 99–514 § 1895(c)(5)(B) · 100 Stat. 2085

    1. Amended · 42 U.S.C. § 1396v(a)(2)

      Pub. L. 99–514, § 1895(c)(5)(B), designated existing provisions as subpar. (A)

    2. Added · 42 U.S.C. § 1396v(a)(2)

      Pub. L. 99–514, § 1895(c)(5)(B), added subpar. (B) relating to section 1383c(b) of this title as it relates to preservation of benefit status for certain disabled widows and widowers

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–514, § 1895(c)(5)(B), designated existing provisions as subpar. (A) and added subpar. (B) relating to section 1383c(b) of this title as it relates to preservation of benefit status for certain disabled widows and widowers.

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) by inserting “(A)” after the dash, and (ii) by adding at the end the following new subparagraph: “(B) Section 1634(b) of this Act (relating to preservation of benefit status for disabled widows and widowers who lost SSI benefits because of 1983 changes in actuarial reduction formula).”; and

  4. Tax Reform Act of 1986

    Pub. L. 99–514 § 1895(c)(5)(C) · 100 Stat. 2085

    Substituted · 42 U.S.C. § 1396v(a)(3)

    Pub. L. 99–514, § 1895(c)(5)(C), substituted “Sections 672(h) and 673(b) of this title” for “Section 673(b) of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 99–514, § 1895(c)(5)(C), substituted “Sections 672(h) and 673(b) of this title” for “Section 673(b) of this title”.

    Enacted provision · exact public law section
    (C) in paragraph (3), by striking out “Section 473(b)” and inserting in lieu thereof “Sections 472(h) and 473(b)”.

  5. Employment Opportunities for Disabled Americans Act

    Pub. L. 99–643 § 6(c) · 100 Stat. 3574

    1. Amended · 42 U.S.C. § 1396v(a)(2)

      Pub. L. 99–643, which directed amendment of section 1920(a)(2) of the Social Security Act by designating existing provisions as subpar. (A)

    2. Redesignated · 42 U.S.C. § 1396v(a)(2)

      Pub. L. 99–643, which directed amendment of section 1920(a)(2) of the Social Security Act by adding subpar. (B) relating to section 1383c of this title as it relates to individuals who lose eligibility for SSI benefits due to entitlement to child’s insurance benefits, was executed to this section, section 1921 of the Social Security Act, to reflect the probable intent of Congress and the redesignation of section 1920 of the Social Security Act as section 1921 by Pub. L. 99–509

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 99–643, which directed amendment of section 1920(a)(2) of the Social Security Act by designating existing provisions as subpar. (A) and adding subpar. (B) relating to section 1383c of this title as it relates to individuals who lose eligibility for SSI benefits due to entitlement to child’s insurance benefits, was executed to this section, section 1921 of the Social Security Act, to reflect the probable intent of Congress and the redesignation of section 1920 of the Social Security Act as section 1921 by Pub. L. 99–509.

    Enacted provision · exact public law section
    (c) Conforming Change.— Section 1920(a)(2) of such Act (42 U.S.C. 1396s(a)(2)) is amended— (1) by inserting “(A)” before “Section”, and (2) by adding after and below subparagraph (A) the following new subparagraph: “(B) Section 1634 of this Act (relating to individuals who lose eligibility for SSI benefits due to entitlement to child’s insurance benefits under section 202(d) of this Act).”.

  6. Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(k)(10)(L) · 102 Stat. 683

    Changed · 42 U.S.C. § 1396v(a)(1)

    Pub. L. 100–360, § 411(k)(10)(L), made technical correction to directory language of Pub. L. 100–203, § 4118(p)(9), see 1987 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 100–360, § 411(k)(10)(L), made technical correction to directory language of Pub. L. 100–203, § 4118(p)(9), see 1987 Amendment note below.

    Enacted provision · exact public law section
    (L) Section 4118(p)(9) of OBRA is amended by striking 42 USC 1396s. “1925(a)” and “(4111(a))” and inserting “1923(a)” and “4211(a)”, respectively.

    Effective date note
    Amendment by section 202(c)(5) of Pub. L. 100–485 effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485, at such earlier effective dates, see section 204 of Pub. L. 100–485, set out as a note under section 671 of this title. Amendment by section 608(d)(28) of Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(k)(6)(B)(i), (10)(L), (n)(3) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

  7. Family Support Act of 1988

    Pub. L. 100–485 § 202(c)(5) · 102 Stat. 2343

    Substituted · 42 U.S.C. § 1396v(a)(1)(D)

    Pub. L. 100–485, § 202(c)(5), substituted “section 682(e)(6) of this title” for “section 614(g) of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D). Pub. L. 100–485, § 202(c)(5), substituted “section 682(e)(6) of this title” for “section 614(g) of this title”.

    Enacted provision · exact public law section
    (5) Section 1926(a)(1)(D) of such Act, as redesignated by section 42 USC 1396s. 303(a) of this Act, is amended by striking “414(g)” and inserting in lieu thereof “482(e)(6)”.

    Effective date note
    Amendment by section 202(c)(5) of Pub. L. 100–485 effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485, at such earlier effective dates, see section 204 of Pub. L. 100–485, set out as a note under section 671 of this title. Amendment by section 608(d)(28) of Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(k)(6)(B)(i), (10)(L), (n)(3) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

  8. Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(k)(10)(L) · 102 Stat. 683

    Changed · 42 U.S.C. § 1396v(a)(2)

    Pub. L. 100–360, § 411(k)(10)(L), made technical correction to directory language of Pub. L. 100–203, § 4118(p)(9), see 1987 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 100–360, § 411(k)(10)(L), made technical correction to directory language of Pub. L. 100–203, § 4118(p)(9), see 1987 Amendment note below.

    Enacted provision · exact public law section
    (L) Section 4118(p)(9) of OBRA is amended by striking 42 USC 1396s. “1925(a)” and “(4111(a))” and inserting “1923(a)” and “4211(a)”, respectively.

    Effective date note
    Amendment by section 202(c)(5) of Pub. L. 100–485 effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485, at such earlier effective dates, see section 204 of Pub. L. 100–485, set out as a note under section 671 of this title. Amendment by section 608(d)(28) of Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(k)(6)(B)(i), (10)(L), (n)(3) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

  9. Medicare Catastrophic Coverage Act of 1988

    Pub. L. 100–360 § 411(n)(3) · 102 Stat. 683

    1. Added · 42 U.S.C. § 1396v(a)(2)(E)

      Pub. L. 100–360, § 411(n)(3), as added by Pub. L. 100–485, § 608(d)(28)

    2. Amended · 42 U.S.C. § 1396v(a)(2)(E)

      Pub. L. 100–360, § 411(n)(3), as amended Pub. L. 100–203, § 9116(d), see 1987 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(2)(E). Pub. L. 100–360, § 411(n)(3), as added by Pub. L. 100–485, § 608(d)(28), amended Pub. L. 100–203, § 9116(d), see 1987 Amendment note below.

    Enacted provision · exact public law section
    (3) Section 9119.— Section 9119 of OBRA is amended by 42 USC 1396a note. adding at the end the following new subsection: “(d) Conforming Amendments to Medicare Program for the Medically Needy.— (1) Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended— “(A) in subsection (a)— “(i) by striking ‘and’ at the end of paragraph (48), “(ii) by striking the period at the end of paragraph (49) and inserting “; and’, and “(iii) by inserting after paragraph (49) the following new paragraph: “‘(50) provide, in accordance with subsection (q), for a monthly personal needs allowance for certain institutionalized individuals and couples.’; and “(B) by adding at the end the following new subsection: “‘(q) (1) (A) In order to meet the requirement of subsection (a)(50), State and local governments. the State plan must provide that, in the case of an institutionalized individual or couple described in subparagraph (B), in determining the amount of the individual’s or couple’s income to be applied monthly to payment for the cost of care in an institution, there shall be deducted from the monthly income (in addition to other allowances otherwise provided under the State plan) a monthly personal needs allowance— “‘(i) which is reasonable in amount for clothing and other personal needs of the individual (or couple) while in an institution, and “‘(ii) which is not less (and may be greater) than the minimum monthly personal needs allowance described in paragraph (2). “(B) In this subsection, the term “institutionalized individual or couple” means an individual or married couple— “‘(i) who is an inpatient (or who are inpatients) in a medical institution or nursing facility for which payments are made under this title throughout a month, and “‘(ii) who is or are determined to be eligible for medical assistance under the State plan. “‘(2) The minimum monthly personal needs allowance described Blind persons. Handicapped persons. in this paragraph is $30 for an institutionalized individual and $60 for an institutionalized couple (if both are aged, blind, or disabled, and their incomes are considered available to each other in determining eligibility).’. “(2) The amendments made by paragraph (1) apply to payments 42 USC 1396a note. under title XIX of the Social Security Act for calendar quarters beginning on or after July 1, 1988, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.”.

    Effective date note
    Amendment by section 202(c)(5) of Pub. L. 100–485 effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485, at such earlier effective dates, see section 204 of Pub. L. 100–485, set out as a note under section 671 of this title. Amendment by section 608(d)(28) of Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(k)(6)(B)(i), (10)(L), (n)(3) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

  10. Pub. L. 100–203 § 4118(p)(9) · 101 Stat. 1330

    1. Amended · 42 U.S.C. § 1396v(a)(1)

      Pub. L. 100–203, § 4118(p)(9), as amended by Pub. L. 100–360, § 411(k)(10)(L)

    2. Amended · 42 U.S.C. § 1396v(a)(1)

      Pub. L. 100–203, § 4118(p)(9), as amended par. (1) generally. Prior to amendment, par. (1) read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 100–203, § 4118(p)(9), as amended by Pub. L. 100–360, § 411(k)(10)(L), amended par. (1) generally. Prior to amendment, par. (1) read as follows:

    “(1) AFDC.—(A) Section 602(a)(32) of this title (relating to individuals who are deemed recipients of aid but for whom a payment is not made). Section 602(a)(37) of this title (relating to individuals who lose AFDC eligibility due to increased earnings). “(C) Section 606(h) of this title (relating to individuals who lose AFDC eligibility due to increased collection of child or spousal support). “(D) Section 614(g) of this title (relating to certain individuals participating in work supplementation programs).”

    Enacted provision · exact public law section
    (9) Paragraphs (1) and (2) of section 1925(a), as redesignated by section (4111(a)) of this title, are amended to read as follows: 42 USC 1396s. “(1) AFDC.— (A) Section 402(a)(32) of this Act (relating to individuals who are deemed recipients of aid but for whom a payment is not made). “(B) Section 402(a)(37) of this Act (relating to individuals who lose AFDC eligibility due to increased earnings). “(C) Section 406(h) of this Act (relating to individuals who lose AFDC eligibility due to increased collection of child or spousal support). “(D) Section 414(g) of this Act (relating to certain individuals participating in work supplementation programs). “(2) SSI.— (A) Section 1611(e) of this Act (relating to treatment of couples sharing an accommodation in a facility). “(B) Section 1619 of this Act (relating to benefits for individuals who perform substantial gainful activity despite severe medical impairment). “(C) Section 1634(b) of this Act (relating to preservation of benefit status for disabled widows and widowers who lost SSI benefits because of 1983 changes in actuarial reduction formula). “(D) Section 1634(c) of this Act (relating to individuals who lose eligibility for SSI benefits due to entitlement to child’s insurance benefits under section 202(d) of this Act).”.

    Effective date note
    Amendment by section 202(c)(5) of Pub. L. 100–485 effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485, at such earlier effective dates, see section 204 of Pub. L. 100–485, set out as a note under section 671 of this title. Amendment by section 608(d)(28) of Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(k)(6)(B)(i), (10)(L), (n)(3) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

  11. Pub. L. 100–203 § 4118(p)(9) · 101 Stat. 1330

    1. Amended · 42 U.S.C. § 1396v(a)(2)

      Pub. L. 100–203, § 4118(p)(9), as amended by Pub. L. 100–360, § 411(k)(10)(L)

    2. Amended · 42 U.S.C. § 1396v(a)(2)

      Pub. L. 100–203, § 4118(p)(9), as amended par. (2) generally. Prior to amendment, par. (2) read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 100–203, § 4118(p)(9), as amended by Pub. L. 100–360, § 411(k)(10)(L), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

    “(2) SSI.—(A) Section 1382h of this title (relating to benefits for individuals who perform substantial gainful activity despite severe medical impairment). “(B) Section 1383c(b) of this title (relating to preservation of benefit status for disabled widows and widowers who lost SSI benefits because of 1983 changes in actuarial reduction formula). “(B)[(C)] Section 1383c of this title (relating to individuals who lose eligibility for SSI benefits due to entitlement to child’s insurance benefits under section 402(d) of this title).”

    Enacted provision · exact public law section
    (9) Paragraphs (1) and (2) of section 1925(a), as redesignated by section (4111(a)) of this title, are amended to read as follows: 42 USC 1396s. “(1) AFDC.— (A) Section 402(a)(32) of this Act (relating to individuals who are deemed recipients of aid but for whom a payment is not made). “(B) Section 402(a)(37) of this Act (relating to individuals who lose AFDC eligibility due to increased earnings). “(C) Section 406(h) of this Act (relating to individuals who lose AFDC eligibility due to increased collection of child or spousal support). “(D) Section 414(g) of this Act (relating to certain individuals participating in work supplementation programs). “(2) SSI.— (A) Section 1611(e) of this Act (relating to treatment of couples sharing an accommodation in a facility). “(B) Section 1619 of this Act (relating to benefits for individuals who perform substantial gainful activity despite severe medical impairment). “(C) Section 1634(b) of this Act (relating to preservation of benefit status for disabled widows and widowers who lost SSI benefits because of 1983 changes in actuarial reduction formula). “(D) Section 1634(c) of this Act (relating to individuals who lose eligibility for SSI benefits due to entitlement to child’s insurance benefits under section 202(d) of this Act).”.

    Effective date note
    Amendment by section 202(c)(5) of Pub. L. 100–485 effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485, at such earlier effective dates, see section 204 of Pub. L. 100–485, set out as a note under section 671 of this title. Amendment by section 608(d)(28) of Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(k)(6)(B)(i), (10)(L), (n)(3) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

  12. Pub. L. 100–203 § 9116(d) · 101 Stat. 1330

    1. Added · 42 U.S.C. § 1396v(a)(2)(E)

      Pub. L. 100–203, § 9116(d), as amended generally by Pub. L. 100–360, § 411(n)(3), as added by Pub. L. 100–485, § 608(d)(28)

    2. Added · 42 U.S.C. § 1396v(a)(2)(E)

      Pub. L. 100–203, § 9116(d), as added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(E). Pub. L. 100–203, § 9116(d), as amended generally by Pub. L. 100–360, § 411(n)(3), as added by Pub. L. 100–485, § 608(d)(28), added subpar. (E).

    Enacted provision · exact public law section
    (d) Conforming Amendments.— Section 1922(a)(2) of the Social Security Act is amended— 42 USC 1396s. (1) by striking “1634 (b)” in subparagraph (B) and inserting “1634 (b) and (c)”; and (2) by adding at the end the following new subparagraph: “(C) Section 1634(d) of this Act (relating to individuals who lose eligibility for SSI benefits due to entitlement to early widow’s or widower’s insurance benefits under section 202 (e) or (f) of this Act).”.

    Effective date note
    Amendment by section 202(c)(5) of Pub. L. 100–485 effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485, at such earlier effective dates, see section 204 of Pub. L. 100–485, set out as a note under section 671 of this title. Amendment by section 608(d)(28) of Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title. Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(k)(6)(B)(i), (10)(L), (n)(3) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

  13. Pub. L. 102–54 § 13(q)(3)(A)(v) · 105 Stat. 267

    Substituted · 42 U.S.C. § 1396v(a)(5)(F)

    Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(F). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (v) Subsection (a)(5)(F) of section 1928 (42 U.S.C. 1396s).

20 of 20 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 602 of this title, referred to in subsec. (a)(1)(A), (B), was repealed and a new section 602 enacted by Pub. L. 104–193, title I, § 103(a)(1), , 110 Stat. 2112, and, as so enacted, subsec. (a) of section 602 no longer contains a par. (32) or (37).

Section 606 of this title, referred to in subsec. (a)(1)(C), was repealed and a new section 606 enacted by Pub. L. 104–193, title I, § 103(a)(1), , 110 Stat. 2112, and, as so enacted, no longer contains a subsec. (h).

Section 682 of this title, referred to in subsec. (a)(1)(D), was repealed by Pub. L. 104–193, title I, § 108(e), , 110 Stat. 2167.

Sections 230, 231, and 232 of Public Law 93–66, referred to in subsec. (a)(5)(A) to (C), are sections 230, 231, and 232 of Pub. L. 93–66, title II, , 87 Stat. 159, 160, which are set out as notes under section 1396a of this title.

Section 13(c) of Public Law 93–233, referred to in subsec. (a)(5)(D), is section 13(c) of Pub. L. 93–233, , 87 Stat. 965, which is set out as a note under section 1396a of this title.

Section 503 of Public Law 94–566, referred to in subsec. (a)(5)(E), is section 503 of Pub. L. 94–566, title V, , 90 Stat. 2685, which is set out as a note under section 1396a of this title.

Section 310(b)(1) of Public Law 96–272, referred to in subsec. (a)(5)(F), is section 310(b)(1) of Pub. L. 96–272, title III, , 94 Stat. 533, which is set out as a note under section 1396a of this title.

Section 212(a) of Public Law 93–66, referred to in subsec. (b)(2), is section 212(a) of Pub. L. 93–66, title II, , 87 Stat. 155, which is set out as a note under section 1382 of this title.

Codification

Section was formerly classified to section 1396s of this title prior to renumbering by Pub. L. 103–66.

Amendments1986–1991 · 4 rounds

1991

Subsec. (a)(5)(F). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

1988

Subsec. (a)(1). Pub. L. 100–360, § 411(k)(10)(L), made technical correction to directory language of Pub. L. 100–203, § 4118(p)(9), see 1987 Amendment note below.

Subsec. (a)(1)(D). Pub. L. 100–485, § 202(c)(5), substituted “section 682(e)(6) of this title” for “section 614(g) of this title”.

Subsec. (a)(2). Pub. L. 100–360, § 411(k)(10)(L), made technical correction to directory language of Pub. L. 100–203, § 4118(p)(9), see 1987 Amendment note below.

Subsec. (a)(2)(E). Pub. L. 100–360, § 411(n)(3), as added by Pub. L. 100–485, § 608(d)(28), amended Pub. L. 100–203, § 9116(d), see 1987 Amendment note below.

1987

Subsec. (a)(1). Pub. L. 100–203, § 4118(p)(9), as amended by Pub. L. 100–360, § 411(k)(10)(L), amended par. (1) generally. Prior to amendment, par. (1) read as follows:

“(1) AFDC.—(A) Section 602(a)(32) of this title (relating to individuals who are deemed recipients of aid but for whom a payment is not made). Section 602(a)(37) of this title (relating to individuals who lose AFDC eligibility due to increased earnings).

“(C) Section 606(h) of this title (relating to individuals who lose AFDC eligibility due to increased collection of child or spousal support).

“(D) Section 614(g) of this title (relating to certain individuals participating in work supplementation programs).”

Subsec. (a)(2). Pub. L. 100–203, § 4118(p)(9), as amended by Pub. L. 100–360, § 411(k)(10)(L), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

“(2) SSI.—(A) Section 1382h of this title (relating to benefits for individuals who perform substantial gainful activity despite severe medical impairment).

“(B) Section 1383c(b) of this title (relating to preservation of benefit status for disabled widows and widowers who lost SSI benefits because of 1983 changes in actuarial reduction formula).

“(B)[(C)] Section 1383c of this title (relating to individuals who lose eligibility for SSI benefits due to entitlement to child’s insurance benefits under section 402(d) of this title).”

Subsec. (a)(2)(E). Pub. L. 100–203, § 9116(d), as amended generally by Pub. L. 100–360, § 411(n)(3), as added by Pub. L. 100–485, § 608(d)(28), added subpar. (E).

1986

Subsec. (a)(1). Pub. L. 99–514, § 1895(c)(5)(A), redesignated subpars. (B) and (C) as (C) and (D), respectively, and inserted at beginning of subpar. (A) “Section 602(a)(32) of this title (relating to individuals who are deemed recipients of aid but for whom a payment is not made).”

Subsec. (a)(2). Pub. L. 99–643, which directed amendment of section 1920(a)(2) of the Social Security Act by designating existing provisions as subpar. (A) and adding subpar. (B) relating to section 1383c of this title as it relates to individuals who lose eligibility for SSI benefits due to entitlement to child’s insurance benefits, was executed to this section, section 1921 of the Social Security Act, to reflect the probable intent of Congress and the redesignation of section 1920 of the Social Security Act as section 1921 by Pub. L. 99–509.

Pub. L. 99–514, § 1895(c)(5)(B), designated existing provisions as subpar. (A) and added subpar. (B) relating to section 1383c(b) of this title as it relates to preservation of benefit status for certain disabled widows and widowers.

Subsec. (a)(3). Pub. L. 99–514, § 1895(c)(5)(C), substituted “Sections 672(h) and 673(b) of this title” for “Section 673(b) of this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendments

Amendment by section 202(c)(5) of Pub. L. 100–485 effective , with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485, at such earlier effective dates, see section 204 of Pub. L. 100–485, set out as a note under section 671 of this title.

Amendment by section 608(d)(28) of Pub. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100–360, see section 608(g)(1) of Pub. L. 100–485, set out as a note under section 704 of this title.

Except as specifically provided in section 411 of Pub. L. 100–360, amendment by section 411(k)(6)(B)(i), (10)(L), (n)(3) of Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

Effective Date of 1986 Amendments

Amendment by Pub. L. 99–643 effective , except as otherwise provided, see section 10(b) of Pub. L. 99–643, set out as a note under section 1396a of this title.

Amendment by Pub. L. 99–514 effective, except as otherwise provided, as if included in enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. 99–272, see section 1895(e) of Pub. L. 99–514, set out as a note under section 162 of Title 26, Internal Revenue Code.

References to Provisions of Part A of Subchapter IV Considered References to Such Provisions as in Effect July 16, 1996

For provisions that certain references to provisions of part A (§ 601 et seq.) of subchapter IV of this chapter be considered references to such provisions of part A as in effect , see section 1396u–1(a) of this title.

Credits

1935–2006 · 16 acts
  1. 1935Aug. 14, 1935, ch. 531, title XIX, § 1939, formerly § 1920, as added Pub. L. 99–272, title IX, § 9526, , 100 Stat. 218
  2. 1986renumbered § 1921, Pub. L. 99–509, title IX, § 9407(b), , 100 Stat. 2058
  3. 1986amended Pub. L. 99–514, title XVIII, § 1895(c)(5), , 100 Stat. 2936
  4. 1986Pub. L. 99–643, § 6(c), , 100 Stat. 3578
  5. 1987renumbered § 1922, Pub. L. 100–93, § 5(b), , 101 Stat. 690
  6. 1987renumbered § 1923 and § 1924 and amended Pub. L. 100–203, title IV, §§ 4112(a)(1), 4118(p)(9), 4211(a)(1), title IX, § 9116(d), , 101 Stat. 1330–148, 1330–159, 1330–182, 1330–306, as amended Pub. L. 100–360, title IV, § 411(k)(6)(B)(i), (10)(L), (n)(3), , 102 Stat. 793, 797, as amended Pub. L. 100–485, title VI, § 608(d)(28), , 102 Stat. 2423
  7. 1988renumbered § 1925, Pub. L. 100–360, title III, § 303(a)(1)(A), , 102 Stat. 754
  8. 1988renumbered § 1926 and amended Pub. L. 100–485, title II, § 202(c)(5), title III, § 303(a)(1), , 102 Stat. 2378, 2385
  9. 1989renumbered § 1927, Pub. L. 101–239, title VI, § 6402(b), , 103 Stat. 2260
  10. 1990renumbered § 1928, Pub. L. 101–508, title IV, § 4401(a)(3), , 104 Stat. 1388–143
  11. 1991Pub. L. 102–54, § 13(q)(3)(A)(v), , 105 Stat. 279
  12. 1993renumbered § 1931, Pub. L. 103–66, title XIII, § 13631(b)(1), , 107 Stat. 637
  13. 1996renumbered § 1932, Pub. L. 104–193, title I, § 114(a)(1), , 110 Stat. 2177
  14. 1997renumbered §§ 1933, 1934, and 1935, Pub. L. 105–33, title IV, §§ 4701(a), 4732(c), 4802(a)(2), , 111 Stat. 489, 520, 538
  15. 2003renumbered § 1936, Pub. L. 108–173, title I, § 103(a)(2)(A), , 117 Stat. 2154
  16. 2006renumbered § 1937, renumbered § 1938, renumbered § 1939, Pub. L. 109–171, title VI, §§ 6034(a)(1), 6044(a), 6082(1), , 120 Stat. 74, 88, 113.
Show as published

(Aug. 14, 1935, ch. 531, title XIX, § 1939, formerly § 1920, as added Pub. L. 99–272, title IX, § 9526, , 100 Stat. 218; renumbered § 1921, Pub. L. 99–509, title IX, § 9407(b), , 100 Stat. 2058; amended Pub. L. 99–514, title XVIII, § 1895(c)(5), , 100 Stat. 2936; Pub. L. 99–643, § 6(c), , 100 Stat. 3578; renumbered § 1922, Pub. L. 100–93, § 5(b), , 101 Stat. 690; renumbered § 1923 and § 1924 and amended Pub. L. 100–203, title IV, §§ 4112(a)(1), 4118(p)(9), 4211(a)(1), title IX, § 9116(d), , 101 Stat. 1330–148, 1330–159, 1330–182, 1330–306, as amended Pub. L. 100–360, title IV, § 411(k)(6)(B)(i), (10)(L), (n)(3), , 102 Stat. 793, 797, as amended Pub. L. 100–485, title VI, § 608(d)(28), , 102 Stat. 2423; renumbered § 1925, Pub. L. 100–360, title III, § 303(a)(1)(A), , 102 Stat. 754; renumbered § 1926 and amended Pub. L. 100–485, title II, § 202(c)(5), title III, § 303(a)(1), , 102 Stat. 2378, 2385; renumbered § 1927, Pub. L. 101–239, title VI, § 6402(b), , 103 Stat. 2260; renumbered § 1928, Pub. L. 101–508, title IV, § 4401(a)(3), , 104 Stat. 1388–143; Pub. L. 102–54, § 13(q)(3)(A)(v), , 105 Stat. 279; renumbered § 1931, Pub. L. 103–66, title XIII, § 13631(b)(1), , 107 Stat. 637; renumbered § 1932, Pub. L. 104–193, title I, § 114(a)(1), , 110 Stat. 2177; renumbered §§ 1933, 1934, and 1935, Pub. L. 105–33, title IV, §§ 4701(a), 4732(c), 4802(a)(2), , 111 Stat. 489, 520, 538; renumbered § 1936, Pub. L. 108–173, title I, § 103(a)(2)(A), , 117 Stat. 2154; renumbered § 1937, renumbered § 1938, renumbered § 1939, Pub. L. 109–171, title VI, §§ 6034(a)(1), 6044(a), 6082(1), , 120 Stat. 74, 88, 113.)

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