§ 306. Definitions

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. § 306

   Aug. 14, 1935, ch. 531, title I, § 6, 49 Stat. 622

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title I, § 6, 49 Stat. 622

2. 1960

   Social Security Amendments of 1960

   Pub. L. 86–778 § 601(f)(1) · 74 Stat. 924

   1. Amended · 42 U.S.C. § 306(a)

      Pub. L. 86–778, § 601(f)(1), (2), designated existing provisions as subsec. (a)

   2. Inserted · 42 U.S.C. § 306(a)

      Pub. L. 86–778, § 601(f)(1), (2), inserted provisions excluding from definition of “old-age assistance” any care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that he has tuberculosis or psychosis, with respect to any period after the individual has been a patient in an institution, as a result of such diagnosis, for forty-two days

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–778, § 601(f)(1), (2), designated existing provisions as subsec. (a) and inserted provisions excluding from definition of “old-age assistance” any care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that he has tuberculosis or psychosis, with respect to any period after the individual has been a patient in an institution, as a result of such diagnosis, for forty-two days.

   Enacted provision · exact public law section
   (1) Section 6 of such Act is amended by striking out “but does 42 USC 306. not include” and all that follows and inserting in lieu thereof “but does not include— “(1) any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual who is a patient in an institution for tuberculosis or mental diseases, or “(2) any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof, or “(3) any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that he has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, as a result of such diagnosis, for forty-two days.”

3. 1960

   Social Security Amendments of 1960

   Pub. L. 86–778 § 601(f)(2) · 74 Stat. 924

   Added · 42 U.S.C. § 306(b); 42 U.S.C. § 306(c)

   Pub. L. 86–778, § 601(f)(2), added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 86–778, § 601(f)(2), added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (2) Section 6 is further amended by inserting “(a)” immediately after “Sec. 6.” and by adding after such section 6 the following new subsections: “(b) For purposes of this title, the term ‘medical assistance for the aged’ means payment of part or all of the cost of the following care and services for individuals sixty-five years of age or older who are not recipients of old-age assistance but whose income and resources are insufficient to meet all of such cost— “(1) inpatient hospital services; “(2) skilled nursing-home services; “(3) physicians’ services; “(4) outpatient hospital or clinic services; “(5) home health care services; “(6) private duty nursing services; “(7) physical therapy and related services; “(8) dental services; “(9) laboratory and X-ray services; “(10) prescribed drugs, eyeglasses, dentures, and prosthetic devices; “(11) diagnostic, screening, and preventive services; and “(12) any other medical care or remedial care recognized under State law; except that such term does not include any such payments with respect to— “(A) care or services for any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual who is a patient in an institution for tuberculosis or mental diseases; or “(B) care or services for any individual, who is a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, as a result of such diagnosis, for forty-two days. “(c) For purposes of this title, the term ‘Federal medical percentage’ for any State shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the square of the per capita income of such State bears to the square of the per capita income of the continental United States (including Alaska) and Hawaii; except that (i) the Federal medical percentage shall in no case be less than 50 per centum or more than 80 per centum, and (ii) the Federal medical per- centage for Puerto Rico, the Virgin Islands, and Guam shall be 50 per centum. The Federal medical percentage for any State shall be determined and promulgated in accordance with the provisions of subparagraph Infra. (B) of section 1101(a)(8) (other than the proviso at the end thereof); except that the Secretary shall, as soon as possible after enactment of the Social Security Amendments of 1960, determine and promulgate the Federal medical percentage for each State— “(1) for the period beginning October 1, 1960, and ending with the close of June 30, 1961, which promulgation shall be based on the same data with respect to per capita income as the data used by the Secretary in promulgating the Federal percentage (under section 1101(a)(8)) for such State for the fiscal year ending June 30, 1961 (which promulgation of the Federal medical percentage shall be conclusive for such period), and “(2) for the period beginning July 1, 1961, and ending with the close of June 30, 1963, which promulgation shall be based on the same data with respect to per capita income as the data used by the Secretary in promulgating the Federal percentage (under section 1101(a)(8)) for such State for such period (which promulgation of the Federal medical percentage shall be conclusive for such period).”

4. 1962

   Pub. L. 87–543 § 156(a)(1) · 76 Stat. 172

   Inserted · 42 U.S.C. § 306(a)

   Pub. L. 87–543, § 156(a)(1), inserted “(if provided in or after the third month before the month in which the recipient makes application for assistance)” before “medical care”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 87–543, § 156(a)(1), inserted “(if provided in or after the third month before the month in which the recipient makes application for assistance)” before “medical care”.

   Enacted provision · exact public law section
   (1) So much of section 6(a) of the Social Security Act 42 USC 306. as precedes paragraph (1) thereof is amended by inserting “(if provided in or after the third month before the month in which the recipient makes application for assistance)” before “medical care”.

5. 1962

   Pub. L. 87–543 § 156(a)(2) · 76 Stat. 172

   Inserted · 42 U.S.C. § 306(b)

   Pub. L. 87–543, § 156(a)(2), inserted “(if provided in or after the third month before the month in which the recipient makes application for assistance)” after “care and services”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 87–543, § 156(a)(2), inserted “(if provided in or after the third month before the month in which the recipient makes application for assistance)” after “care and services”.

   Enacted provision · exact public law section
   (2) So much of section 6(b) of such Act as precedes paragraph (1) thereof is amended by inserting “(if provided in or after the third month before the month in which the recipient makes application for assistance) ” after “care and services”.

6. 1965

   Social Security Amendments of 1965

   Pub. L. 89–97 § 221(a)(1) · 79 Stat. 288

   Struck · 42 U.S.C. § 306(a)

   Pub. L. 89–97, § 221(a)(1), struck out from definition of “old-age assistance” the exclusion of (1) payments to or medical care in behalf of any individual who is a patient in an institution for tuberculosis or mental diseases, or (2) payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof, or (3) medical care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that he has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, as a result of such diagnosis, for forty-two days

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–97, § 221(a)(1), struck out from definition of “old-age assistance” the exclusion of (1) payments to or medical care in behalf of any individual who is a patient in an institution for tuberculosis or mental diseases, or (2) payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof, or (3) medical care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that he has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, as a result of such diagnosis, for forty-two days.

   Enacted provision · exact public law section
   (1) Section 6(a) of the Social Security Act is amended to read as follows: “(a) For the purposes of this title, the term ‘old-age assistance’ means money payments to, or (if provided in or after the third month before the month in which the recipient, makes application for assistance) medical care in behalf of or any type of remedial care recognized under State law in behalf of, needy individuals who are 65 years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution).”

   Effective date note
   Amendment by section 221 of Pub. L. 89–97 applicable in the case of expenditures made after Dec. 31, 1965, under a State plan approved under this subchapter, see section 221(e) of Pub. L. 89–97, set out as a note under section 302 of this title. Pub. L. 89–97, title II, § 222(c), July 30, 1965, 79 Stat. 360, provided that: “The amendments made by this section [amending this section and section 1385 of this title] shall apply in the case of expenditures under a State plan approved under title I or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1381 et seq.] with respect to care and services provided under such plan after June 1965.” Pub. L. 89–97, title IV, § 402(e), July 30, 1965, 79 Stat. 418, provided that: “The amendments made by this section [amending this section and sections 1206, 1355, and 1385 of this title] shall apply in the case of expenditures made after December 31, 1965, under a State plan approved under title I, X, XIV or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.].”

7. 1965

   Social Security Amendments of 1965

   Pub. L. 89–97 § 402(a) · 79 Stat. 288

   Inserted · 42 U.S.C. § 306(a)

   Pub. L. 89–97, § 402(a), extended definition of “old-age assistance” to include payments made on behalf of the recipient to an individual who (as determined in accordance with the standards prescribed by the Secretary) is interested in or concerned with the welfare of the recipient and inserted an enumeration of the five characteristics required of State plans under which such payments can be made, including provision for finding of inability to manage funds, payment to meet all needs, special efforts to protect welfare, periodic review, and opportunity for fair hearing

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 89–97, § 402(a), extended definition of “old-age assistance” to include payments made on behalf of the recipient to an individual who (as determined in accordance with the standards prescribed by the Secretary) is interested in or concerned with the welfare of the recipient and inserted an enumeration of the five characteristics required of State plans under which such payments can be made, including provision for finding of inability to manage funds, payment to meet all needs, special efforts to protect welfare, periodic review, and opportunity for fair hearing.

   Enacted provision · exact public law section
   (a) Section 6(a) of the Social Security Act (as amended by section 221 of this Act) is amended by adding at the end thereof Ante, p. 356. the following new sentence: “Such term also includes payments which are not included within the meaning of such term under the preceding sentence, but which would be so included except that they are made on behalf of such a needy individual to another individual who (as determined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such needy individual, but only with respect to a State whose State plan approved under section 2 includes provision for— 42 USC 302. “(1) determination by the State agency that such needy individual has, by reason of his physical or mental condition, such inability to manage funds that making payments to him would be contrary to his welfare and. therefore, it is necessary to provide such assistance through payments described in this sentence; “(2) making such payments only in cases in which such payments will, under the rules otherwise applicable under the State plan for determining need and the amount of old-age assistance to be paid (and in conjunction with other income and resources), meet all the need of the individuals with respect to whom such payments are made; “(3) undertaking and continuing special efforts to protect the welfare of such individual and to improve, to the extent possible, his capacity for self-care and to manage funds; “(4) periodic review by such State agency of the determination under paragraph (1) to ascertain whether conditions justifying such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appointment of a guardian or other legal representative, as described in section 72 Stat. 1052. 42 USC 1311. 1111, if and when it appears that such action will best serve the interests of such needy individual; and “(5) opportunity for a fair hearing before the State agency on the determination referred to in paragraph (1) for any individual with respect to whom it is made.”

   Effective date note
   Amendment by section 221 of Pub. L. 89–97 applicable in the case of expenditures made after Dec. 31, 1965, under a State plan approved under this subchapter, see section 221(e) of Pub. L. 89–97, set out as a note under section 302 of this title. Pub. L. 89–97, title II, § 222(c), July 30, 1965, 79 Stat. 360, provided that: “The amendments made by this section [amending this section and section 1385 of this title] shall apply in the case of expenditures under a State plan approved under title I or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1381 et seq.] with respect to care and services provided under such plan after June 1965.” Pub. L. 89–97, title IV, § 402(e), July 30, 1965, 79 Stat. 418, provided that: “The amendments made by this section [amending this section and sections 1206, 1355, and 1385 of this title] shall apply in the case of expenditures made after December 31, 1965, under a State plan approved under title I, X, XIV or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.].”

8. 1965

   Social Security Amendments of 1965

   Pub. L. 89–97 title II · 79 Stat. 288

   Struck and inserted · 42 U.S.C. § 306(b)

   Pub. L. 89–97, §§ 221(a)(2), 222(a), struck out from provision at end of cl. (12) excluding certain payments from definition of “medical assistance for the aged” payments with respect to care or services for any individual who is a patient in an institution for tuberculosis or mental diseases or for any individual who is a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, for forty-two days and inserted in text preceding cl. (1) “(except, for any month, for recipients of old-age assistance who are admitted to or discharged from a medical institution during such month)” after “who are not recipients of old-age assistance”, respectively

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–97, §§ 221(a)(2), 222(a), struck out from provision at end of cl. (12) excluding certain payments from definition of “medical assistance for the aged” payments with respect to care or services for any individual who is a patient in an institution for tuberculosis or mental diseases or for any individual who is a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, for forty-two days and inserted in text preceding cl. (1) “(except, for any month, for recipients of old-age assistance who are admitted to or discharged from a medical institution during such month)” after “who are not recipients of old-age assistance”, respectively.

   Enacted provision · exact public law
   TITLE II— OTHER AMENDMENTS RELATING TO HEALTH CARE Part 1— Maternal and Child Health and Crippled Children’s Services Sec. 201. increase in maternal and child health services (a) The first sentence of section 501 of the Social Security Act is amended by striking out “$40,000,000” and all that follows and 77 Stat. 273. 42 USC 701. inserting in lieu thereof “$45,000,000 for the fiscal year ending June 30, 1966, $50,000,000 for the fiscal year ending June 30, 1967, $55,000,000 for the fiscal year ending June 30, 1968, $55,000,000 for the fiscal year ending June 30, 1969, and $60,000,000 for the fiscal year ending June 30, 1970, and each fiscal year thereafter.” (b) Section 504 of such Act is amended by adding at the end 49 Stat. 630. 42 USC 704. thereof the following new subsection: “(d) Notwithstanding the preceding provisions of this section, no payment shall be made to any State thereunder for any period after June 30, 1966, unless it makes a satisfactory showing that the State is extending the provision of maternal and child health services in the State with a view to making such services available by July 1, 1975, to children in all parts of the State.” Sec. 202. increase in crippled children’s services (a) The first sentence of section 511 of the Social Security Act is amended by striking out “$40,000,000” and all that follows and 77 Stat. 273. 42 USC 711. inserting in lieu thereof “$45,000,000 for the fiscal year ending June 30, 1966, $50,000,000 for the fiscal year ending June 30, 1967, $55,000,000 for the fiscal year ending June 30, 1968, $55,000,000 for the fiscal year ending June 30, 1969, and $60,000,000 for the fiscal year ending June 30, 1970, and each fiscal year thereafter.” (b) Section 514 of such Act is amended by adding at the end 49 Stat. 632; 53 Stat. 1381. 42 USC 714. thereof the following new subsection: “(d) Notwithstanding the preceding provisions of this subsection, no payment shall be made to any State thereunder for any period after June 30, 1966, unless it makes a satisfactory showing that the State is extending the provision of crippled children’s services in the State with a view to making such services available by July 1, 1975, to children in all parts of the State.” Sec. 203. training of professional personnel for the care of crippled children (a) Part 2 of title V of the Social Security Act is amended 49 Stat. 631. 42 USC 711–715. by adding at the end thereof the following new section: “Sec. 516. “training of professional personnel There are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1967, $10,000,000 for the fiscal year ending June 30, 1968, and $17,500,000 for each fiscal year thereafter, for grants by the Secretary to public or other nonprofit institutions of higher learning for training professional personnel for health and related care of crippled children, particularly mentally retarded children and children with multiple handicaps.” (b) The second sentence of section 514(c) of such Act is amended by striking out “section 512(b)” and inserting in lieu thereof “section 512(b) or 516”. Sec. 204. payment for inpatient hospital services (a) Section 503(a) of the Social Security Act is amended by striking out “and” before clause (7) and by inserting before the period at the end thereof the following new clause: “; and (8) effective July 1, 1967, provide for payment of the reasonable cost (as determined in accordance with standards approved by the Secretary and included in the plan) of inpatient hospital services provided under the plan”. (b) Section 513(a) of such Act is amended by striking out “and” before clause (6) and by inserting before the period at the end thereof the following new clause: “; and (7) effective July 1, 1967, provide for payment of the reasonable cost (as determined in accordance with standards approved by the Secretary and included in the plan) of inpatient hospital services provided under the plan”. Sec. 205. special project grants for health of school and preschool children Part 4 of title V of the Social Security Act is amended (1) by revising the heading thereof to read as follows: “Part 4—Grants for Special Maternity and Infant Care Projects, for Projects for Health of School and Preschool Children, and for Research Projects”; (2) by redesignating section 532 as section 533; and (3) by inserting after section 531 the following new section: “Sec. 532. “special project grants for health of school and preschool children (a) In order to promote the health of children and youth of school or preschool age, particularly in areas with concentrations of low-income families, t lie re are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1966, $35,000,000 for the fiscal year ending June 30, 1967, $40,000,000 for the fiscal year ending June 30, 1968, $45,000,000 for the fiscal year ending June 30, 1969, and $50,000,000 for the fiscal year ending June 30, 1970, for grants as provided in this section. “(b) From the sums appropriated pursuant to subsection (a), the Secretary is authorized to make grants to the State health agency of any State and (with the consent of such agency) to the health agency of any political subdivision of the State, to the State agency of the State administering or supervising the administration of the State plan approved under section 513, to any school of medicine (with appropriate participation by a school of dentistry), and to any teaching hospital affiliated with such a school, to pay not to exceed 75 per centum of the cost of projects of a comprehensive nature for health care and services for children and youth of school age or for preschool children (to help them prepare to start school). No project shall be eligible for a grant, under this section unless it provides (1) for the coordination of health care and services provided under it with, and utilization (to the extent feasible) of, other State or local health, welfare, and education programs for such children, (2) for payment of the reasonable cost (as determined in accordance with standards approved by the Secretary) of inpatient hospital services provided under the project? and (3) that any treatment, correction of defects, or aftercare provided under the project is available only to children who would not otherwise receive it because they are from low-income families or for other reasons beyond their control; and no such project for children and youth of school age shall be considered to be of a comprehensive nature for purposes of this section unless it includes (subject to the limitation in the preceding provisions of this sentence) at least such screening, diagnosis, preventive services, treatment, correction of defects, and aftercare, both medical and dental, as may be provided for in regulations of the Secretary. “(c) Payment of grants under this section may be made (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine.” Sec. 206. evaluation and report The Secretary shall submit to the President for transmission Report to President and Congress to the Congress before July 1, 1969, a full report of the administration of the provisions of section 532 of the Social Security Act (as added by section 205 of this Act), together with an evaluation of the program established thereby and his recommendations as to continuation of and modifications in that program. Sec. 207. increase in child welfare services Section 521 of the Social Security Act is amended by striking 42 USC 721. out “$40,000,000” and all that follows and inserting in lieu thereof “$40,000,000 for the fiscal year ending June 30, 1965, $45,000,000 for the fiscal year ending June 30, 1966, $50,000,000 for the fiscal year ending June 30, 1967, $55,000,000 for the fiscal year ending June 30, 1968, $55,000,000 for the fiscal year ending June 30, 1969, and $60,000,000 for the fiscal year ending June 30, 1970, and each fiscal year thereafter.” Sec. 208. day care services (a) (1) Part 3 of title V of the Social Security Act is amended by striking out section 527. 76 Stat. 183. 42 USC 727. 42 USC 1308. (2) The second sentence of section 1108 of such Act is amended by striking out “522(a), and 527(a)” and inserting in lieu thereof “and 522(a)” and by striking out “(or, in the case of section 527(a), the minimum)”. (b) Section 522 of such Act is amended to read as follows: 42 USC 722. “Sec. 522. “allotments to states The sum appropriated pursuant to section 521 for each fiscal year shall be allotted by the Secretary for use by cooperating State public welfare agencies which have plans developed jointly by the State agency and the Secretary, as follows: He shall allot $70,000 to each State, and shall allot to each State an amount which bears the same ratio to the remainder of the sum so appropriated for such year as the product of (1) the population of such State under the age of 21 and (2) the allotment percentage of such State (as determined under 42 USC 724. section 524) bears to the sum of the corresponding products of all the States.” (c) Section 523(a)(1)(B) of such Act is amended by striking out “and” at the end of clause (lii) and by inserting after clause (iv) the following new clause: “(v) that day care provided under the plan will be provided only in facilities (including private homes) which are licensed by the State, or approved (as meeting the standards established for such licensing) by the State agency responsible for licensing facilities of this type, and”. (d) The amendments made by this section shall take effect on January 1, 1966. Part 2— Implementation of Mental Retardation Planning Sec. 211. authorization of appropriations (a) Section 1701 of the Social Security Act is amended by adding at the end thereof the following new sentence: “There are also authorized to be appropriated, for assisting such States in initiating the implementation and carrying out of planning and other steps to combat mental retardation, $2,750,000 for the fiscal year ending June 30, 1966, and $2,750,000 for the fiscal year ending June 30, 1967.” (b) The first sentence of section 1702 of such Act is amended by inserting “the first sentence of” before “section 1701” and by inserting the following before the period at the end thereof “; and the sums appropriated pursuant to the second sentence of such section for the fiscal year ending June 30, 1966, shall be available for such grants during such year and the next two fiscal years, and sums appropriated pursuant thereto for the fiscal year ending June 30, 1967, shall be available for such grants during such year and the succeeding fiscal year”. Part 3— Public Assistance Amendments Relating to Health Care Sec. 221. removal of limitations on federal participation in assistance to individuals with tuberculosis or mental disease (a) (1) Section 6(a) of the Social Security Act is amended to read as follows: “(a) For the purposes of this title, the term ‘old-age assistance’ means money payments to, or (if provided in or after the third month before the month in which the recipient, makes application for assistance) medical care in behalf of or any type of remedial care recognized under State law in behalf of, needy individuals who are 65 years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution).” (2) Section 6(b) of such Act is amended by striking out all that follows clause (12) and inserting in lieu thereof the following: “except that such term does not include any such payments with respect to care or services for any individual who is an inmate of a public institution (except as a patient in a medical institution).” (3) Section 2(a) of such Act is amended (A) by striking out “and” 74 Stat. 987. 42 USC 302. at the end of paragraph (10); (B) by striking out the period at the end of paragraph (11) and inserting in lieu thereof a semicolon; and (C) by adding after paragraph (11) the following new paragraphs: “(12) if the State plan includes assistance to or m behalf of individuals who are patients in institutions for mental diseases— “(A) provide for having in effect such agreements or other arrangements with State authorities concerned with mental diseases, and, where appropriate, with such institutions, as may be necessary for carrying out the State plan, including arrangements for joint planning and for development of alternate methods of care, arrangements providing assurance of immediate readmittance to institutions where needed for individuals under alternate plans of care, and arrangements providing for access to patients and facilities, for furnishing information, and for making reports; “(B) provide for an individual plan for each such patient to assure that the institutional care provided to him is in his best, interests, including, to that end, assurances that there will be initial and periodic review of his medical and other needs, that he will be given appropriate medical treatment within the institution, and that there will be a periodic determination of his need for continued treatment in the institution; “(C) provide for the development of alternate plans of care, making maximum utilization of available resources, for recipients who would otherwise need care in such institutions, including appropriate medical treatment and other assistance; for services referred to in section 3(a)(4)(A)(i) and (ii) 76 Stat. 173. 42 USC 303. which are appropriate for such recipients and for such patients; anti for methods of administration necessary to assure that the responsibilities of the State agency under the State plan with respect to such recipients and such patients will be effectively carried out; and “(D) provide methods of determining the reasonable cost of institutional care for such patients; and “(13) if the State plan includes assistance to or in behalf of Îpatients in public institutions for mental diseases, show that the State is making satisfactory progress toward developing and implementing a comprehensive mental health program, including provision for utilization of community mental health centers, nursing homes, and other alternatives to care in public institutions for mental diseases.” (4) Section 3 of such Act is amended by adding at the end thereof 53 Stat. 1361; 76 Stat. 179. 42 USC 303. the following new subsection: “(d) Notwithstanding the preceding provisions of this section, the amount determined under such provisions for any State for any quarter which is attributable to expenditures with respect to patients in institutions for mental diseases shall be paid only to the extent that the State makes a showing satisfactory to the Secretary that total expenditures in the State from Federal, State, and local sources for mental health services (including payments to or in behalf of individuals with mental health problems) under State and local public health and public welfare programs for such quarter exceed the average of the total expenditures in the State from such sources for such services under such programs for each quarter of the fiscal year ending June 30, 1965. For purposes of this subsection, expenditures for such services for each quarter in the fiscal year ending June 30, 1965, in the case of any State shall be determined on the basis of the latest, data, satisfactory to the Secretary, available to him at the time of the first determination by him under this subsection for such State; and expenditures for such services for any quarter beginning after December 31, 1965, in the case of any State shall be determined on the basis of the latest data, satisfactory to the Secretary, available to him at the time of the determination under this subsection for such State for such quarter; and determinations so made shall be conclusive for purposes of this subsection.” (b) Section 1006 of such Act is amended by striking out clauses (a) and (b) and inserting in lieu thereof the following: “who is a patient in an institution for tuberculosis or mental diseases”, (c) Section 1405 of such Act is amended by striking out clauses (a) and (b) and inserting in lieu thereof the following: “who is a patient in an institution for tuberculosis or mental diseases”. (d) (1) Section 1605(a) of such Act is amended to read as follows: “(a) For purposes of this title, the term ‘aid to the aged, blind, or disabled’ means money payments to, or (if provided in or after the third month before the month in which the recipient makes application for aid) medical care in behalf of or any type of remedial care recognized under State law in behalf of, needy individuals who are 65 years of age or older, are blind, or are 18 years of age or over and permanently and totally disabled, but such term does not include— “(1) any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution); or “(2) any such payments to or care in behalf of any individual who has not attained 65 years of age and who is a patient in an institution for tuberculosis or mental diseases.” (2) Section 1605(b) of such Act is amended by striking out all that follows clause (12) and inserting in lieu thereof the following: “except, that such term does not include any such payments with respect to care or services for any individual who is an inmate of a public institution (except as a patient in a medical institution).” (3) Section 1602(a) of such Act (as amended by section 403(e) of this Act) is amended (A) by striking out “and” at the end of paragraph (14); (B) by striking out the period at the end of paragraph (15) and inserting in lieu thereof a semicolon; and (C) by adding after paragraph (15) the following new paragraphs: “(16) if the State plan includes aid or assistance to or in behalf of individuals 65 years of age or older who are patients in institutions for mental diseases— “(A) provide for having in effect such agreements or other arrangements with State authorities concerned with mental diseases, and, where appropriate, with such institutions, as may be necessary for carry mg out the State plan, including arrangements for joint planning and for development of alternate methods of care, arrangements providing assurance of immediate readmittance to institutions where needed for individuals under alternate plans of care, and arrangements providing for access to patients and facilities, for furnishing information, and for making reports; “(B) provide for an individual plan for each such patient to assure that the institutional care provided to him is in his best interests, including, to that end, assurances that there will be initial and periodic review of his medical and other needs, that he will be given appropriate medical treatment within the institution, and that there will be a periodic determination of his need for continued treatment in the institution; “(C) provide for the development of alternate plans of care, making maximum utilization of available resources, for recipients 65 years of age or older who would otherwise need care in such institutions, including appropriate medical treatment and other aid or assistance; tor services referred to in section 1603(a)(4)(A)(i) and (ii) which 76 Stat. 200. 42 USC 13S3. are appropriate for such recipients and for such patients; and for methods of administration necessary to assure that the responsibilities of the State agency under the State plan with respect to such recipients and” such patients will be effectively carried out; and “(D) provide methods of determining the reasonable cost of institutional care for such patients; and “(17) if the State plan includes aid or assistance to or in behalf of individuals 65 years of age or older who are patients in public institutions for mental diseases, show that the State is making satisfactory progress toward developing and implementing a comprehensive mental health program, including provision for utilization of community mental health centers, nursing homes, and other alternatives to care in public institutions for mental diseases.” (4) Section 1603 of such Act is amended by adding at the end thereof the following new subsection: “(d) Notwithstanding the preceding provisions of this section, the amount determined under such provisions for any State for any quarter which is attributable to expenditures with respect to individuals 65 years of age or older who are patients in institutions for mental diseases shall be paid only to the extent that the State makes a showing satisfactory to the Secretary that total expenditures in the State from Federal, State, and local sources for mental health services (including payments to or in behalf of individuals with mental health problems) under State and local public health and public welfare programs for such quarter exceed the average of the total expenditures in the State from such sources for such services under such programs for each quarter of the fiscal year ending June 30, 1965. For purposes of this subsection, expenditures for such services for each quarter in the fiscal year ending June 30, 1965, in the case of any State shall be determined on the basis of the latest data, satisfactory to the Secretary, available to him at the time of the first determination by him under this subsection for such State; and expenditures for such services for any quarter beginning after December 31, 1965, in the case of any State shall be determined on the basis of the latest data, satisfactory to the Secretary, available to him at the time of the determination under this subsection for such State for such quarter; and determinations so made shall be conclusive for purposes of this subsection.” (e) The amendments made by this section shall apply in the case of expenditures made after December 31, 1965, under a State plan approved under title I, X, XIV, or XVI of the Social Security Act. 42 USC 301 et seq. Sec. 222. amendment to definition of medical assistance for the aged (a) Section 6 (b) of the Social Security Act is amended by striking out “who are not recipients of old-age assistance” and inserting in lieu thereof “who are not recipients of old-age assistance (except, for any month, for recipients of old-age assistance who are admitted to or discharged from a medical institution during such month)”. (b) Section 1605(b) of such Act is amended by striking out “who are not. recipients of aid to the aged, blind, or disabled” and inserting in lieu thereof “who are not recipients of aid to the aged, blind, or disabled (except, for any month, for recipients of aid to the aged, blind, or disabled who are admitted to or discharged from a medical institution during such month)”. (c) The amendments made by this section shall apply in the case of expenditures under a State plan approved under title I or XVI of 42 USC 301, 1385. the Social Security Act with respect to care and services provided under such plan after June 1965. Part 4— Miscellaneous Amendments Relating to Health Care Sec. 231. health study of resources relating to children’s emotional illness (a) The Secretary of Health, Education, and Welfare is authorized, upon the recommendation of the National Advisory Mental Health Council and after securing the advice of experts in pediatrics and child welfare, to make grants for carrying out a program of research into and study of our resources, methods, and practices for diagnosing or preventing emotional illness in children and of treating, caring for, and rehabilitating children with emotional illnesses. (b) Such grants may be made to one or more organizations, but only on condition that the organization will undertake and conduct, or if more than one organization is to receive such grants, only on condition that such organizations have agreed among themselves to undertake and conduct, a coordinated program of research into and study of all aspects of the resources, methods, and practices referred to in subsection (a). (c) As used tn subsection (b), the term “organization” means a nongovernmental agency, organization, or commission, composed of representatives of leading national medical, welfare, educational, and other professional associations, organizations, or agencies active in the field of mental health of children. (d) There are authorized to be appropriated for the fiscal year ending June 30, 1966, the sum of $500,000 to be used for a grant or grants to help initiate the research and study provided for in this section; and the sum of $500,000 for the succeeding fiscal year for the making of such grants as may be needed to carry the research and Reports to Congress. study to completion. The terms of any such grant shall provide that the research and study shall be completed not later than two years from the date it is inaugurated; that the grantee shall file annual reports with the Congress, the Secretary, and the Governors of the several States, among others that the grantee may select; and that the final report shall be similarly filed.

   Effective date note
   Amendment by section 221 of Pub. L. 89–97 applicable in the case of expenditures made after Dec. 31, 1965, under a State plan approved under this subchapter, see section 221(e) of Pub. L. 89–97, set out as a note under section 302 of this title. Pub. L. 89–97, title II, § 222(c), July 30, 1965, 79 Stat. 360, provided that: “The amendments made by this section [amending this section and section 1385 of this title] shall apply in the case of expenditures under a State plan approved under title I or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1381 et seq.] with respect to care and services provided under such plan after June 1965.” Pub. L. 89–97, title IV, § 402(e), July 30, 1965, 79 Stat. 418, provided that: “The amendments made by this section [amending this section and sections 1206, 1355, and 1385 of this title] shall apply in the case of expenditures made after December 31, 1965, under a State plan approved under title I, X, XIV or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.].”

9. 1972

   Social Security Amendments of 1972

   Pub. L. 92–603 title IV · 86 Stat. 1329

   Changed · 42 U.S.C. § 306(a)

   Pub. L. 92–603 authorized the State, at its option, to include within term “old-age assistance” provisions relating to money payments to an individual absent from such State for more than 90 consecutive days, and provisions relating to rent payments made directly to a public housing agency

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–603 authorized the State, at its option, to include within term “old-age assistance” provisions relating to money payments to an individual absent from such State for more than 90 consecutive days, and provisions relating to rent payments made directly to a public housing agency.

   Enacted provision · exact public law
   TITLE IV— MISCELLANEOUS Sec. 401. limitation on fiscal liability of states for optional state supplementation (a) (1) The amount payable to the Secretary by a State for any fiscal year pursuant to its agreement or agreements under Ante, p. 1474. section 1616 of the Social Security Act shall not exceed the non-Federal share of expenditures as aid or assistance for quarters in the calendar year 1972 under the plans of the State approved under 42 USC 301, 1201, 1351. Ante, p. 1465. titles I, X, XIV, and XVI of the Social Security Act (as defined in subsection (c) of this section). (2) Paragraph (1) of this subsection shall only apply with respect to that portion of the supplementary payments made by the Secretary on behalf of the State under such agreements in any fiscal year which does not exceed in the case of any individual the difference between— (A) the adjusted payment level under the appropriate approved plan of such State as in effect for January 1972 (as defined in subsection (b) of this section), and (B) the benefits under title XVI of the Social Security Act, plus income not excluded under section 1612(b) of such Act in determining such benefits, paid to such individual in such fiscal year, and shall not apply with respect to supplementary payments to any individual who (i) is not required by section 1616 of such Act to be included in any such agreement administered by the Secretary and (ii) would have been ineligible (for reasons other than income) for payments under the appropriate approved State plan as in effect for January 1972. (b) (1) For purposes of subsection (a), the term “adjusted payment level under the appropriate approved plan of a State as in effect for January 1972” means the amount of the money payment which an individual with no other income would have received under the plan of such State approved under title I, X, XIV, or XVI of the Social Security Act, as may be appropriate, and in effect for January 1972; except that the State may, at its option, increase such payment level with respect to any such plan by an amount which does not exceed the sum of— (A) a payment level modification (as defined in paragraph (2) of this subsection) with respect to such plan, and (B) the bonus value of food stamps in such State for January 1972 (as defined in paragraph (3) of this subsection). (2) For purposes of paragraph (1), the term “payment level modification” with respect to any State plan means that amount by which a State which for January 1972 made money payments under such plan to individuals with no other income which were less than 100 per centum of its standard of need could have increased such money payments without increasing (if it reduced its standard of need under such plan so that such increased money payments equaled 100 per centum of such standard of need) the non-Federal share of expenditures as aid or assistance for quarters in calendar year 1972 under the plans of such State approved under titles I, X, XIV, and XVI of the Social Security Act. (3) For purposes of paragraph (1), the term “bonus value of food stamps in a State for January 1972” (with respect to an individual) means— (A) the face value of the coupon allotment which would have been provided to such an individual under the Food Stamp Act of 1964 for January 1972, reduced by (B) the charge which such an individual would have paid for such coupon allotment, if the income of such individual, for purposes of determining the charge it would have paid for its coupon allotment, had been equal to the adjusted payment level under the State plan (including any payment level modification with respect to the plan adopted pursuant to paragraph (2) (but not including any amount under this paragraph)). The total face value of food stamps and the cost thereof in January 1972 shall be determined in accordance with rules prescribed by the Secretary of Agriculture in effect in such month. (c) For purposes of this section, the term “non-Federal share Definition. of expenditures as aid or assistance for quarters in the calendar year 1972 under the plans of a State approved under titles I, X, XIV, and XVI of the Social Security Act’” means the difference between— 42 USC 301, 1201, 1351. Ante, p. 1465. (1) the total expenditures in such quarters under such plans for aid or assistance (expenditures authorized under section 1119 of such Act for repairing the home of an individual who was 81 Stat. 894. 42 USC 1319. receiving aid or assistance under one of such plans (as such section was in effect prior to the enactment of this Act)), and (2) the total of the amounts determined under sections 3, 1003, 1403, and 1603 of the Social Security Act, under section 1118 of 42 USC 303, 1203, 1353, 1383. 79 Stat. 423. 42 USC 1318. Ante, p. 1484. such Act, and under section 9 of the Act of April 19, 1950, for such State with respect to such expenditures in such quarters. Sec. 402. transitional administrative provisions In order for a State to be eligible for any payments pursuant to title IV, V, XVI, or XIX of the Social Security Act with 42 USC 601, 701, 1396. respect to expenditures for any quarter in the fiscal year ending June 30, 1975, and for the purpose of providing an orderly transition from State to Federal administration of the Supplemental Security Income Program, such State shall enter into an agreement with the Secretary of Health, Education, and Welfare under which the State agencies responsible for administering or for supervising the administration of the plans approved under titles I, X, XIV, and XVI of the Social Security Act will, on behalf of the Secretary, administer all or such part or parts of the program established by section 301 of this Act, during such portion of the fiscal year ending June 30, 1975, as may be provided in such agreement. Sec. 403. savings provision regarding certain expenditures for social services In the administration of section 1130 of the Social Security Act, the allotment of each State (as determined under subsection (b) Ante, p. 945. of such section) for the fiscal year ending June 30, 1973, shall (notwithstanding any provision of such section 1130) be adjusted so that the amount of such allotment for such year consists of the sum of the following: (1) the amount, not to exceed $50,000,000, payable to the State (as determined without regard to such section 1130) with respect to the total expenditures incurred by the State for services (of the type, and under the programs to which the allotment, as determined under such subsection (b), is applicable) for the calendar quarter commencing July 1, 1972, plus (2) an amount equal to three-fourths of the amount of the allotment of such State (as determined under such subsection (b), but without application of the provisions of this section): Provided, however, That no State shall receive less under this section than the amount to which it would have been entitled otherwise under section 1130 of the Social Security Act. Sec. 404. change in executive schedule—commissioner of social security (a) Section 5316 of title 5, United States Code (relating to positions at level V of the Executive Schedule), is amended by striking out: “(51) Commissioner of Social Security, Department of Health, Education, and Welfare.”. (b) Section 5315 of title 5, United States Code (relating to positions at level IV of the Executive Schedule), is amended by adding at the end thereof the following: “(97) Commissioner of Social Security, Department of Health, Education, and Welfare.”. (c) The amendments made by the preceding provisions of this section shall take effect on the first day of the first pay period of the Commissioner of Social Security, Department of Health, Education, and Welfare, which commences on or after the first day of the month which follows the month in which this Act is enacted. Sec. 405. separation of social services not required (a) Section 2(a) (10) (C) of the Social Security Act is amended by inserting “(using whatever internal organizational arrangement it finds appropriate for this purpose)” immediately after “provide a description of the services (if any) which the State agency makes available”. (b) Section 1002(a) (13) of such Act is amended by inserting “(using whatever internal organizational arrangement it finds appropriate for this purpose)” immediately after “provide a description of the services (if any) which the State agency makes available”. (c) Section 1402(a) (12) of such Act is amended by inserting “(using whatever internal organizational arrangement it finds appropriate for this purpose)” immediately after “provide a description of the services (if any) which the State agency makes available”. (d) Section 1602(a) (10) of such Act is amended by inserting “(using whatever internal organizational arrangement it finds appropriate for this purpose)” immediately after “provide a description of the services (if any) which the State agency makes available”. Sec. 406. manuals and policy issuances not required without charge (a) Section 2(b) of the Social Security Act is amended by adding at the end thereof the following new sentence: “At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title.” (b) Section 1002(b) of such Act is amended by adding immediately after the first sentence thereof the following new sentence: “At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title.” (c) Section 1402(b) of such Act is amended by adding at the end thereof the following new sentence: “At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title.” (d) Section 1602(b) of such Act is amended by adding immediately 42 USC 1382. after the first sentence thereof the following new sentence: “At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title.” Sec. 407. effective date of fair hearing decision (a) Section 2 (a) (4) is amended by— 42 USC 302. (1) deleting “provide” and inserting in lieu thereof “provide (A)”, and (2) inserting immediately before, the semicolon at the end thereof the following: “, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing”. (b) Section 1002 (a) (4) is amended by— 42 USC 1202. (1) deleting “provide” and inserting in lieu thereof “provide (A)”, and (2) inserting immediately before the semicolon at the end thereof the following: “, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing”. (c) Section 1402(a)(4) is amended by— 42 USC 1352. (1) deleting “provide” and inserting in lieu thereof “provide (A)”, and (2) inserting immediately before the semicolon at the end thereof the following: “, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing”. (d) Section 1602(a) (4) is amended by— (1) deleting “provide” and inserting in lieu thereof “provide (A)”, and (2) inserting immediately before the semicolon at the end thereof the following: “, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing”. Sec. 408. absence from state for more than 90 days (a) Section 6(a) of the Social Security Act is amended 42 USC 306. by adding at the end thereof the following new sentence: “At the option of a State (if its plan approved under this title so provides), such term need not include money payments to an individual who has been absent from such State for a period in excess of 90 consecutive days (regardless of whether he has maintained his residence in such State during such period) until he has been present in such State for 30 consecutive days in the case of such an individual who has maintained his residence in such State during such period or 90 consecutive days in the case of any other such individual,” (b) Section 1006 of such Act is amended by adding at the end thereof the following new sentence: “At the option of a State (if its plan approved under this title so provides), such term need not include money payments to an individual who has been absent from such State for a period in excess of 90 consecutive days (regardless of whether he has maintained his residence in such State during such period) until he has been present in such State for 30 consecutive days in the case of such an individual who has maintained his residence in such State during such period or 90 consecutive days in the case of any other such individual.” (c) Section 1405 of such Act is amended by adding at the end thereof the following new sentence: “At the option of a State (if its plan approved under this title so provides), such term need not include money payments to an individual who has been absent from such State for a period in excess of ninety consecutive days (regardless of whether he has maintained his residence in such State during such period) until he has been present in such State for thirty consecutive days in the case of such an individual who has maintained his residence in such State during such period or ninety consecutive days in the case of any other such individual.” (d) Section 1605(a) of such Act is amended by adding at the end thereof the following new sentence: “At the option of a State if its plan approved under this title so provides, such term need not include money payments to an individual who has been absent from such State for a period in excess of ninety consecutive days (regardless of whether he has maintained his residence in such State during such period) until he has been present in such State for thirty consecutive days in the case of such an individual who has maintained his residence in such State during such period or ninety consecutive days in the case of any other such individual.” Sec. 409. rent payments to public housing agency (a) Section 6(a) of the Social Security Act (as amended by section 554(a) of this Act) is further amended by— (1) striking out “such term” in the last sentence thereof and inserting in lieu thereof “such term (i)”, and (2) adding immediately before the period at the end of such sentence the following: “”, and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of assistance under such plan”. (b) Section 1006 of such Act (as amended by section 554(b) of this Act) is further amended by— (1) striking out “such term” in the last, sentence thereof and inserting in lieu thereof “such term (i)”, and (2) adding immediately before the period at the end of such sentence the following: “, and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of aid under such plan”. (c) Section 1405 of such Act (as amended by section 554(c) of this Ante, p. 1490. Act) is further amended by— (1) striking out “such term” in the last sentence thereof and inserting in lieu thereof “such term (i)”, and (2) adding immediately before the period at the end of such sentence the following: “, and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of aid under such plan”. (d) Section 1605(a) of such Act (as amended by section 554(d) of this Act) is further amended by— (1) striking out “such term” in the last sentence thereof and inserting in lieu thereof “such term (i)”, and (2) adding immediately before the period at the end of such sentence the following: “, and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of aid under such plan”. Sec. 410. statewideness not required for services (a) Section 2(a) of the Social Security Act is amended 42 USC 302. by inserting “except to the extent permitted by the Secretary with respect to services,” before “provide” at the beginning of paragraph (1). (b) Section 1002(a) of such Act is amended by inserting “except to 42 USC 1202. the extent permitted by the Secretary with respect to services,” before “provide” at the beginning of clause (1). (c) Section 1402(a) of such Act is amended by inserting “except 42 USC 1352. to the extent permitted by the Secretary with respect to services,” before “provide” at the beginning of clause (1). (d) Section 1602(a) of such Act is amended by inserting “except 42 USC 1382. to the extent permitted by the Secretary with respect to services,” before “provide” at the beginning of paragraph (1). Sec. 411. prohibition against participation in food stamp or surplus commodities program by persons eligible to participate in employment or assistance programs (a) Effective January 1, 1974, section 3(e) of the Food Effective date. Stamp Act of 1964 is amended by adding at the end thereof the following 84 Stat. 2048. 7 USC 2012. new sentence: “No person who is eligible (or upon application would be eligible) to receive supplemental security income benefits under title XVI of such Act shall be considered to be a member of a household or an elderly person for purposes of this Act.” (b) Section 3(h) of such Act is amended to read as follows: 78 Stat. 703. “(h) The term ‘State agency’, with respect to any State, means the agency of State government which is designated by the Secretary for purposes of carrying out this Act in such State.” (c) Section 10(c) of such Act is amended by striking out the first 84 Stat. 2051. 7 USC 2019. sentence. (d) Clause (2) of the second sentence of section 10(e) of such Act is amended by striking out “used by them in the certification of applicants for benefits under the federally aided public assistance programs” and inserting in lieu thereof the following: “prescribed by the Secretary in the regulations issued pursuant to this Act”. (e) Section 10(e) of such Act is further amended by striking out the third sentence. (f) Section 14 of such Act is amended by striking out subsection (e). (g) Effective January 1, 1974, section 416 of the Act of October 31, 68 Stat. 458; 84 Stat. 199. 7 USC 1431. 1949, is amended by adding at the end thereof the following new sentence: “No person who is eligible (or upon application would be eligible) to receive supplemental security income under title XVI of such Act shall be eligible to participate in any program conducted under this section (other than nonprofit child feeding programs or programs under which commodities are distributed on an emergency or temporary basis and eligibility for participation therein is not based upon the income or resources of the individual or family).” (h) Except as otherwise provided in this section, the amendments made by this section shall take effect on January 1, 1973. Sec. 412. child welfare services Effective with respect to fiscal years beginning after June 30, 1972, section 420 of the Social Security Act is amended by striking out “$55,000,000 for the fiscal year ending June 30, 1968, $100,000,000 for the fiscal year ending June 30, 1969, and $110,000,000 for each fiscal year thereafter” and inserting in lieu thereof “$196,000,000 for the fiscal year ending June 30, 1973, $211,000,000 for the fiscal year ending June 30, 1974, $226,000,000 for the fiscal year ending June 30, 1975, $246,000,000 for the fiscal year ending June 30, 1976, and $266,000,000 for each fiscal year thereafter”. Sec. 413. safeguarding information (a) Section 2 (a) (7) of the Social Security Act is amended to read as follows: “(7) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;”. (b) Section 1002(a) (9) of such Act is amended to read as follows: “(9) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) in public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;”. (c) Section 1402(a) (9) of such Act is amended to read as follows: “(9) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;”. (d) Section 1602 (a) (7) of such Act is amended to read as follows: “(7) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;”. Sec. 414. recipients of assistance for the aged, blind, and disabled ineligible (a) Section 402(a) of the Social Security Act is amended (1) by striking out the period at the end thereof and inserting in lieu of such period “; and”, and (2) by adding at the end thereof the following new clause: “(24) if an individual is receiving benefits under title XVI, then, for the period for which such benefits are Ante, p. 1465. received, such individual shall not be regarded as a member of a family for purposes of determining the amount of the benefits of the family under this title and his income and resources shall not be counted as income and resources of a family under this title.” (b) The amendments made by subsection (a) shall be effective on Effective date. and after January 1, 1973.

10. 1981

    Medicare and Medicaid Amendments of 1981

    Pub. L. 97–35 title XXI § 2184(a)(5) · 95 Stat. 357

    Struck · 42 U.S.C. § 306(b); 42 U.S.C. § 306(c)

    Pub. L. 97–35 struck out subsecs. (b) and (c) which defined “medical assistance for the aged” and “Federal medical percentage”, respectively

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 97–35 struck out subsecs. (b) and (c) which defined “medical assistance for the aged” and “Federal medical percentage”, respectively.

    Enacted provision · exact public law section
    (5) Section 6 of such Act is amended by striking out subsections (b) 42 USC 306. and (c).

8 of 11 references resolved to an enrolled provision · 3 partial