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42 U.S.C. § 1397 — Purposes of division; authorization of appropriations

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1397 — Purposes of division; authorization of appropriations

For the purposes of consolidating Federal assistance to States for social services into a single grant, increasing State flexibility in using social service grants, and encouraging each State, as far as practicable under the conditions in that State, to furnish services directed at the goals of— (1) achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency; (2) achieving or maintaining self-sufficiency, including reduction or prevention of dependency; (3) preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating or reuniting families; (4) preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care; and (5) securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions, there are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of this division.

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Stable record: federal_law:legal_authorities:record_usc_a98bbc627ca463e10eb59623
Source file: Laws/federal/codes/united-states-code/title-42/section-1397-purposes-of-division-authorization-of-appropriations--5d9bc48196.md
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Passage SHA-256: f707098e9cc3e141bff72234abebfac90458167e578687eb5a7417929d7ec84a

Source location: Title 42, Chapter 7, § 1397; chapter-007-social-security.md

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For the purposes of consolidating Federal assistance to States for social services into a single grant, increasing State flexibility in using social service grants, and encouraging each State, as far as practicable under the conditions in that State, to furnish services directed at the goals of— (1) achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency; (2) achieving or maintaining self-sufficiency, including reduction or prevention of dependency; (3) preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating or reuniting families; (4) preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care; and (5) securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions, there are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of this division.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10901 — Authority of Secretary to make grants

The Secretary is authorized to make a grant for any fiscal year to any State receiving a grant under title XX of the Social Security Act [[42 U.S.C. 1397](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397&num=0&edition=prelim) et seq.] for such fiscal year to enable such State to award scholarships to eligible individuals within the State who are candidates for the Child Development Associate credential.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10901

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1203 — Payment to States

**(a) Authorization of payments** From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has an approved plan for aid to the blind, for each quarter, beginning with the quarter commencing October 1, 1958— (1) Repealed. Pub. L. 97–35, title XXI, § 2184(c)(2)(A), Aug. 13, 1981, 95 Stat. 817. (2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to one-half of the total of the sums expended during such quarter as aid to the blind under the State plan, not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of aid to the blind for such month; and (3) in the case of any State, an amount equal to 50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan. **(b) Computation of amounts** The method of computing and paying such amounts shall be as follows: (1) The Secretary of Health and Human Services shall, prior to the beginning of each quarter, estimate the amount to be paid to the State for such quarter under the provisions of subsection (a), such estimate to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State’s proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, (B) records showing the number of blind individuals in the State, and (C) such other invest

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1203

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1301 — Definitions

**(a)** When used in this chapter— (1) The term “State”, except where otherwise provided, includes the District of Columbia and the Commonwealth of Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam. Such term when used in subchapters III, IX, and XII also includes the Virgin Islands. Such term when used in subchapter V and in part B of this subchapter also includes American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Such term when used in subchapters XIX and XXI also includes the Northern Mariana Islands and American Samoa. In the case of Puerto Rico, the Virgin Islands, and Guam, subchapters I, X, and XIV, and subchapter XVI (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972) shall continue to apply, and the term “State” when used in such subchapters (but not in subchapter XVI as in effect pursuant to such amendment after December 31, 1973) includes Puerto Rico, the Virgin Islands, and Guam. Such term when used in subchapter XX also includes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. Such term when used in subchapter IV also includes American Samoa. (2) The term “United States” when used in a geographical sense means, except where otherwise provided, the States. (3) The term “person” means an individual, a trust or estate, a partnership, or a corporation. (4) The term “corporation” includes associations, joint-stock companies, and insurance companies. (5) The term “shareholder” includes a member in an association, joint-stock company, or insurance company. (6) The term “Secretary”, except when the context otherwise requires, means the Secretary of Health and Human Services. (

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1301

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1308 — Additional grants to Puerto Rico, Virgin Islands, Guam, and American Samoa; limitation on total payments

**(a) Limitation on total payments to each territory** (1) **In general** — Notwithstanding any other provision of this chapter (except for paragraph (2) of this subsection), the total amount certified by the Secretary of Health and Human Services under subchapters I, X, XIV, and XVI, under parts A and E of subchapter IV, and under subsection (b) of this section, for payment to any territory for a fiscal year shall not exceed the ceiling amount for the territory for the fiscal year. (2) **Certain payments disregarded** — Paragraph (1) of this subsection shall be applied without regard to any payment made under section 603(a)(2), 603(a)(4), 603(a)(5), 606, 613(f), or 674(a)(6) of this title. **(b) Entitlement to matching grant** (1) **In general** — Each territory shall be entitled to receive from the Secretary for each fiscal year a grant in an amount equal to 75 percent of the amount (if any) by which— (A) the total expenditures of the territory during the fiscal year under the territory programs funded under parts A and E of subchapter IV, including any amount paid to the State under part A of subchapter IV that is transferred in accordance with [section 604(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section604/d&num=0&edition=prelim) and expended under the program to which transferred; exceeds (B) the sum of— (i) the amount of the family assistance grant payable to the territory without regard to [section 609 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section609&num=0&edition=prelim); and (ii) the total amount expended by the territory during fiscal year 1995 pursuant to parts A and F of subchapter IV (as so in effect), other than for child care. (2) **Appropriat

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1308

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1315 — Demonstration projects

**(a) Waiver of State plan requirements; costs regarded as State plan expenditures; availability of appropriations** In the case of any experimental, pilot, or demonstration project which, in the judgment of the Secretary, is likely to assist in promoting the objectives of subchapter I, X, XIV, XVI, or XIX, or part A or D of subchapter IV, in a State or States— (1) the Secretary may waive compliance with any of the requirements of section 302, 602, 654, 1202, 1352, 1382, or 1396a of this title, as the case may be, to the extent and for the period he finds necessary to enable such State or States to carry out such project, and (2) (A) costs of such project which would not otherwise be included as expenditures under section 303, 655, 1203, 1353, 1383, or 1396b of this title, as the case may be, and which are not included as part of the costs of projects under [section 1310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1310&num=0&edition=prelim), shall, to the extent and for the period prescribed by the Secretary, be regarded as expenditures under the State plan or plans approved under such subchapter, or for administration of such State plan or plans, as may be appropriate, and (B) costs of such project which would not otherwise be a permissible use of funds under part A of subchapter IV and which are not included as part of the costs of projects under [section 1310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1310&num=0&edition=prelim), shall to the extent and for the period prescribed by the Secretary, be regarded as a permissible use of funds under such part. In addition, not to exceed $4,000,000 of the aggregate amount appropriated for payments to States under such subch

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1315

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1316 — Administrative and judicial review of public assistance determinations

**(a) Determination of conformity with requirements for approval; petition for reconsideration; hearing; time limitations; review by court of appeals** (1) Whenever a State plan is submitted to the Secretary by a State for approval under subchapter I, X, XIV, XVI, or XIX, he shall, not later than 90 days after the date the plan is submitted to him, make a determination as to whether it conforms to the requirements for approval under such subchapter. The 90-day period provided herein may be extended by written agreement of the Secretary and the affected State. (2) Any State dissatisfied with a determination of the Secretary under paragraph (1) of this subsection with respect to any plan may, within 60 days after it has been notified of such determination, file a petition with the Secretary for reconsideration of the issue of whether such plan conforms to the requirements for approval under such subchapter. Within 30 days after receipt of such a petition, the Secretary shall notify the State of the time and place at which a hearing will be held for the purpose of reconsidering such issue. Such hearing shall be held not less than 20 days nor more than 60 days after the date notice of such hearing is furnished to such State, unless the Secretary and such State agree in writing to holding the hearing at another time. The Secretary shall affirm, modify, or reverse his original determination within 60 days of the conclusion of the hearing. (3) Any State which is dissatisfied with a final determination made by the Secretary on such a reconsideration or a final determination of the Secretary under section 304, 1204, 1354, 1384, or 1396c of this title may, within 60 days after it has been notified of such determination, file with the United States court of appeals for the circ

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1316

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320a–3 — Disclosure of ownership and related information; procedure; definitions; scope of requirements

**(a) In general** (1) The Secretary shall by regulation or by contract provision provide that each disclosing entity (as defined in paragraph (2)) shall— (A) as a condition of the disclosing entity’s participation in, or certification or recertification under, any of the programs established by subchapters V, XVIII, and XIX, or (B) as a condition for the approval or renewal of a contract or agreement between the disclosing entity and the Secretary or the appropriate State agency under any of the programs established under subchapters V, XVIII, and XIX, supply the Secretary or the appropriate State agency with full and complete information as to the identity of each person with an ownership or control interest (as defined in paragraph (3)) in the entity or in any subcontractor (as defined by the Secretary in regulations) in which the entity directly or indirectly has a 5 per centum or more ownership interest and supply the Secretary with the 11 So in original. The word “the” probably should not appear. both the employer identification number (assigned pursuant to section 6109 of the Internal Revenue Code of 1986) and social security account number (assigned under [section 405(c)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section405/c/2/B&num=0&edition=prelim)) of the disclosing entity, each person with an ownership or control interest (as defined in subsection (a)(3)), and any subcontractor in which the entity directly or indirectly has a 5 percent or more ownership interest. (2) As used in this section, the term “disclosing entity” means an entity which is— (A) a provider of services (as defined in [section 1395x(u) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320a–3

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320a–5 — Disclosure by institutions, organizations, and agencies of owners, officers, etc., convicted of offenses related to programs; notification requirements; “managing employee” defined

**(a)** As a condition of participation in or certification or recertification under the programs established by subchapters XVIII,11 So in original. The comma probably should not appear. and XIX, any hospital, nursing facility, or other entity (other than an individual practitioner or group of practitioners) shall be required to disclose to the Secretary or to the appropriate State agency the name of any person that is a person described in subparagraphs (A) and (B) of [section 1320a–7(b)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a–7/b/8&num=0&edition=prelim). The Secretary or the appropriate State agency shall promptly notify the Inspector General in the Department of Health and Human Services of the receipt from any entity of any application or request for such participation, certification, or recertification which discloses the name of any such person, and shall notify the Inspector General of the action taken with respect to such application or request. **(b)** For the purposes of this section, the term “managing employee” means, with respect to an entity, an individual, including a general manager, business manager, administrator, and director, who exercises operational or managerial control over the entity, or who directly or indirectly conducts the day-to-day operations of the entity.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320a–5

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320a–7 — Exclusion of certain individuals and entities from participation in Medicare and State health care programs

**(a) Mandatory exclusion** The Secretary shall exclude the following individuals and entities from participation in any Federal health care program (as defined in [section 1320a–7b(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a–7b/f&num=0&edition=prelim)): (1) **Conviction of program-related crimes** — Any individual or entity that has been convicted of a criminal offense related to the delivery of an item or service under subchapter XVIII or under any State health care program. (2) **Conviction relating to patient abuse** — Any individual or entity that has been convicted, under Federal or State law, of a criminal offense relating to neglect or abuse of patients in connection with the delivery of a health care item or service. (3) **Felony conviction relating to health care fraud** — Any individual or entity that has been convicted for an offense which occurred after August 21, 1996, under Federal or State law, in connection with the delivery of a health care item or service or with respect to any act or omission in a health care program (other than those specifically described in paragraph (1)) operated by or financed in whole or in part by any Federal, State, or local government agency, of a criminal offense consisting of a felony relating to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct. (4) **Felony conviction relating to controlled substance** — Any individual or entity that has been convicted for an offense which occurred after August 21, 1996, under Federal or State law, of a criminal offense consisting of a felony relating to the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance. **(b) Permissive exclusion** The Secr

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320a–7

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