42 U.S.C. § 306 — Definitions

Page 1798 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 305 64 Stat. 558; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 86–778, title VI, § 601(e), Sept. 13, 1960, 74 Stat. 991; Pub. L. 90–248, title II, § 245, Jan. 2, 1968, 81 Stat. 918; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) REPEAL OF SECTION Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with re- spect to Puerto Rico, Guam, and the Virgin Is- lands. Editorial Notes AMENDMENTS 1968—Pub. L. 90–248 inserted ‘‘(or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure)’’ after ‘‘further payments will not be made to the State’’ and substituted in last sentence ‘‘further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure)’’ for ‘‘further certification to the Secretary of the Treas- ury with respect to such State’’. 1960—Pub. L. 86–778 substituted ‘‘State plan which has been approved under this subchapter’’ for ‘‘State plan for old-age assistance which has been approved’’. 1950—Act Aug. 28, 1950, substituted ‘‘Administrator’’ for ‘‘Board’’, and ‘‘he’’, ‘‘him’’, or ‘‘his’’ for ‘‘it’’, or ‘‘its’’, wherever appearing. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86–778 effective Oct. 1, 1960, see section 604 of Pub. L. 86–778, set out as a note under section 301 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 305. Omitted Editorial Notes CODIFICATION Section, act Aug. 14, 1935, ch. 531, title I, § 5, 49 Stat. 622, made an appropriation for the fiscal year ending June 30, 1936. § 306. Definitions (a) For the purposes of this subchapter, the term ‘‘old-age assistance’’ means money pay- ments 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 recog- nized under State law in behalf of, needy indi- viduals who are 65 years of age or older, but does not include any such payments to or care in be- half of any individual who is an inmate of a pub- lic institution (except as a patient in a medical institution). 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 an- other individual who (as determined in accord- ance with standards prescribed by the Sec- retary) 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 302 of this title includes provision for— (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, there- fore, 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 oth- erwise applicable under the State plan for de- termining need and the amount of old-age as- sistance 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 ef- forts to protect the welfare of such individual and to improve, to the extent possible, his ca- pacity for self-care and to manage funds; (4) periodic review by such State agency of the determination under paragraph (1) of this subsection to ascertain whether conditions justifying such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appoint- ment of a guardian or other legal representa- tive, as described in section 1311 of this title, if and when it appears that such action will best serve the interests of such needy indi- vidual; and (5) opportunity for a fair hearing before the State agency on the determination referred to in paragraph (1) of this subsection for any in- dividual with respect to whom it is made. At the option of a State (if its plan approved under this subchapter so provides), such term (i) need not include money payments to an indi- vidual who has been absent from such State for a period in excess of 90 consecutive days (regard- less 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, 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), (c) Repealed. Pub. L. 97–35, title XXI, § 2184(a)(5), Aug. 13, 1981, 95 Stat. 817. (Aug. 14, 1935, ch. 531, title I, § 6, 49 Stat. 622; Aug. 10, 1939, ch. 666, title I, § 103, 53 Stat. 1362; Page 1799 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 306 Aug. 28, 1950, ch. 809, title III, pt. 1, § 303(a), 64 Stat. 549; Pub. L. 86–778, title VI, § 601(f), Sept. 13, 1960, 74 Stat. 991; Pub. L. 87–543, title I, § 156(a), July 25, 1962, 76 Stat. 207; Pub. L. 89–97, title II, §§ 221(a)(1), (2), 222(a), title IV, § 402(a), July 30, 1965, 79 Stat. 356, 360, 415; Pub. L. 92–603, title IV, §§ 408(a), 409(a), Oct. 30, 1972, 86 Stat. 1489, 1490; Pub. L. 97–35, title XXI, § 2184(a)(5), Aug. 13, 1981, 95 Stat. 817.) REPEAL OF SECTION Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with re- spect to Puerto Rico, Guam, and the Virgin Is- lands. Editorial Notes AMENDMENTS 1981—Subsecs. (b), (c). Pub. L. 97–35 struck out sub- secs. (b) and (c) which defined ‘‘medical assistance for the aged’’ and ‘‘Federal medical percentage’’, respec- tively. 1972—Subsec. (a). Pub. L. 92–603 authorized the State, at its option, to include within term ‘‘old-age assist- ance’’ provisions relating to money payments to an in- dividual absent from such State for more than 90 con- secutive days, and provisions relating to rent payments made directly to a public housing agency. 1965—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 indi- vidual who is a patient in an institution for tuber- culosis or mental diseases, or (2) payments to any indi- vidual 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 in- dividual, who is a patient in a medical institution as a result of a diagnosis that he has tuberculosis or psy- chosis, 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. 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 ac- cordance with the standards prescribed by the Sec- retary) 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 re- view, and opportunity for fair hearing. 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 tu- berculosis or mental diseases or for any individual who is a patient in a medical institution as a result of a di- agnosis 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 re- cipients 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 assist- ance’’, respectively. 1962—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 as- sistance)’’ before ‘‘medical care’’. 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 assist- ance)’’ after ‘‘care and services’’. 1960—Subsec. (a). Pub. L. 86–778, § 601(f)(1), (2), des- ignated existing provisions as subsec. (a) and inserted provisions excluding from definition of ‘‘old-age assist- ance’’ any care in behalf of any individual, who is a pa- tient 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. Subsecs. (b), (c). Pub. L. 86–778, § 601(f)(2), added sub- secs. (b) and (c). 1950—Act Aug. 28, 1950, redefined ‘‘old-age assist- ance’’. 1939—Act Aug. 10, 1939, inserted ‘‘needy’’ before ‘‘indi- viduals who’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1965 AMENDMENT 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 sec- tion [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 re- spect 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 sec- tion [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 ap- proved under title I, X, XIV or XVI of the Social Secu- rity Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.].’’ EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–543, title I, § 156(e), July 25, 1962, 76 Stat. 207, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 606, 1206, and 1355 of this title] shall apply in the case of applications made after September 30, 1962, under a State plan ap- proved under title I, IV, X, or XIV of the Social Secu- rity Act [42 U.S.C. 301 et seq., 601 et seq., 1201 et seq., 1351 et seq.].’’ EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86–778 effective Oct. 1, 1960, see section 604 of Pub. L. 86–778, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1950 AMENDMENT Act Aug. 28, 1950, ch. 809, title III, § 303(b), 64 Stat. 549, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect October 1, 1950, except that the exclusion of money payments to needy individuals described in clause (a) or (b) of sec- tion 6 of the Social Security Act as so amended [clauses (a) or (b) of this section] shall, in the case of any of such individuals who are not patients in a public insti- tution, be effective July 1, 1952.’’ SUBCHAPTER II—FEDERAL OLD-AGE, SUR- VIVORS, AND DISABILITY INSURANCE BENEFITS Editorial Notes CODIFICATION 1956—Act Aug. 1, 1956, ch. 836, title I, § 103(i), 70 Stat. 824, included disability insurance benefits in sub- chapter heading.