§ 301. Authorization of appropriations

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. 1935

   Pub. L. 74–531 · 49 Stat. 620

   Enacted · 42 U.S.C. § 301

   Aug. 14, 1935, ch. 531, title I, § 1, 49 Stat. 620

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title I, § 1, 49 Stat. 620

2. 1960

   Social Security Amendments of 1960

   Pub. L. 86–778 title VI § 601(b) · 74 Stat. 924

   Amended · 42 U.S.C. § 301

   Pub. L. 86–778 amended section generally, authorizing appropriations for the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish medical assistance on behalf of aged individuals who are not recipients of old-age assistance but whose income and resources are insufficient to meet the costs of necessary medical services

   Source evidence

   Code amendment note
   Pub. L. 86–778 amended section generally, authorizing appropriations for the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish medical assistance on behalf of aged individuals who are not recipients of old-age assistance but whose income and resources are insufficient to meet the costs of necessary medical services.

   Enacted provision · exact public law section
   (b) Sections 1 and 2 of such Act are amended to read as follows: 42 USC 301, 302. “Section 1. “appropriation For the purpose (a) of enabling each State as far as practicable under the conditions in such State, to furnish financial assistance to aged needy individuals and of encouraging each State, as far as practicable under such conditions, to help such individuals attain self-care, and (b) of enabling each State, as far as practicable under the conditions in such State, to furnish medical assistance on behalf of aged individuals who are not recipients of old-age assistance but whose income and resources are insufficient to meet the costs of necessary medical services, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary of Health, Education, and Welfare (hereinafter referred to as the ‘Secretary’), State plans for old-age assistance, or for medical assistance for the aged, or for old-age assistance and medical assistance for the aged. “Sec. 2. “state old-age and medical assistance plans (a) A State plan for old-age assistance, or for medical assistance for the aged, or for old-age assistance and medical assistance for the aged must— “(1) provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them; “(2) provide for financial participation by the State; “(3) either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan; “(4) provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for assistance under the plan is denied or is not acted upon with reasonable promptness; “(5) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary to be necessary for the proper and efficient operation of the plan; “(6) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports; “(7) provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the State plan; “(8) provide that all individuals wishing to make application for assistance under the plan shall have opportunity to do so, and that such assistance shall be furnished with reasonable promptness to all eligible individuals; “(9) provide, if the plan includes assistance for or on behalf of individuals in private or public institutions, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such institutions; “(10) if the State plan includes old-age assistance— “(A) provide that the State agency shall, in determining need for such assistance, take into consideration any other income and resources of an individual claiming old-age assistance; “(B) include reasonable standards, consistent with the objectives of this title, for determining eligibility for and the extent of such assistance; and “(C) provide a description of the services (if any) which the State agency makes available to applicants for and recipients of such assistance to help them attain self-care, including a description of the steps taken to assure, in the provision of such services, maximum utilization of other agencies providing similar or related services; and “(11) if the State plan includes medical assistance for the aged— “(A) provide for inclusion of some institutional and some noninstitutional care and services; “(B) provide that no enrollment fee, premium, or similar charge will be imposed as a condition of any individual’s eligibility for medical assistance for the aged under the plan; “(C) provide for inclusion, to the extent required by regulations prescribed by the Secretary, of provisions (conforming to such regulations) with respect to the furnishing of such assistance to individuals who are residents of the State but are absent therefrom; “(D) include reasonable standards, consistent with the objectives of this title, for determining eligibility for and the extent of such assistance; and “(E) provide that no lien may be imposed against the property of any individual prior to his death on account of medical assistance for the aged paid or to be paid on his behalf under the plan (except pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual), and that there shall be no adjustment or recovery (except, after the death of such individual and his surviving spouse, if any, from such individual’s estate) of any medical assistance for the aged correctly paid on behalf of such individual under the plan. “(b) The Secretary shall approve any plan which fulfills the conditions specified in subsection (a), except that he shall not approve any plan which imposes, as a condition of eligibility for assistance under the plan— “(1) an age requirement of more than sixty-five years; or “(2) any residence requirement which (A) in the case of applicants for old-age assistance, excludes any resident of the State who has resided therein five years during the nine years immediately preceding the application for old-age assistance and has resided therein continuously for one year immediately preceding the application, and (B) in the case of applicants for medical assistance for the aged, excludes any individual who resides in the State; or “(3) any citizenship requirement which excludes any citizen of the United States. “(c) Nothing in this title shall be construed to permit a State to have in effect with respect to any period more than one State plan approved under this title.”

   Effective date note
   Pub. L. 86–778, title VI, § 604, Sept. 13, 1960, 74 Stat. 992, provided that: “The amendments made by section 601 of this Act [amending this section and sections 302, 303, 304, and 306 of this title] shall take effect October 1, 1960, and the amendments made by section 602 [amending section 1308 of this title] shall be effective with respect to fiscal years ending after 1960.”

3. 1962

   Pub. L. 87–543 title I § 104(c)(1) · 76 Stat. 172

   1. Amended · 42 U.S.C. § 301

      Pub. L. 87–543 amended first sentence generally

   2. Struck · 42 U.S.C. § 301

      Pub. L. 87–543 striking from cl. (a) provision relating to the purpose of encouraging each State, as far as practicable under the conditions in the State, to help aged needy individuals attain self-care

   3. Struck · 42 U.S.C. § 301

      Pub. L. 87–543 adding cl. (c) incorporating the struck out provision

   Source evidence

   Code amendment note
   Pub. L. 87–543 amended first sentence generally, striking from cl. (a) provision relating to the purpose of encouraging each State, as far as practicable under the conditions in the State, to help aged needy individuals attain self-care, and adding cl. (c) incorporating the struck out provision.

   Enacted provision · exact public law section
   (1) The first sentence of section 1 of such Act is amended to 74 Stat. 987. 42 USC 301. read as follows: “For the purpose (a) of enabling each State, as far as practicable under the conditions in such State, to furnish financial assistance to aged needy individuals, (b) of enabling each State, as far as practicable under the conditions in such State, to furnish medical assistance on behalf of aged individuals who are not recipients of old-age assistance but whose income and resources are insufficient to meet the costs of necessary medical services, and (c) of encouraging each State, as far as practicable under the conditions in such State, to furnish rehabilitation and other services to help individuals referred to in clause (a) or (b) to attain or retain capability for self-care, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this title.”

4. 1981

   Medicare and Medicaid Amendments of 1981

   Pub. L. 97–35 title XXI § 2184(a)(2) · 95 Stat. 357

   1. Substituted · 42 U.S.C. § 301

      Pub. L. 97–35 substituted “purpose of enabling” for “purpose (a) of enabling”

   2. Struck · 42 U.S.C. § 301

      Pub. L. 97–35 struck out provisions designated as cls. (b) and (c) which authorized appropriations for the purpose of enabling each State to furnish medical assistance to aged individuals who are not recipients of old-age assistance but whose income and resources are insufficient to meet the cost of necessary medical care and of encouraging each State to furnish rehabilitation and other services to individuals to attain and retain capability for self-care

   3. Struck · 42 U.S.C. § 301

      Pub. L. 97–35 struck out “, or for medical assistance for the aged, or for old-age assistance and medical assistance for the aged” after “plans for old-age assistance”

   Source evidence

   Code amendment note
   Pub. L. 97–35 substituted “purpose of enabling” for “purpose (a) of enabling”, struck out provisions designated as cls. (b) and (c) which authorized appropriations for the purpose of enabling each State to furnish medical assistance to aged individuals who are not recipients of old-age assistance but whose income and resources are insufficient to meet the cost of necessary medical care and of encouraging each State to furnish rehabilitation and other services to individuals to attain and retain capability for self-care, and struck out “, or for medical assistance for the aged, or for old-age assistance and medical assistance for the aged” after “plans for old-age assistance”.

   Enacted provision · exact public law section
   (2) Section 1 of such Act is amended— (A) by striking out “(a)” the first place it appears in the first sentence, (B) by striking out “, (b) of enabling” and all that follows through “for self-care” in the first sentence, and (C) by striking out “, or for medical assistance for the aged, or for old-age assistance and medical assistance for the aged” in the second sentence.

7 of 8 references resolved to an enrolled provision · 1 partial