42 U.S.C. § 1385 — Omitted

Page 2889 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1385 treatment services approved under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x–21 et seq.). (Aug. 14, 1935, ch. 531, title XVI, § 1636, as added Pub. L. 104–121, title I, § 105(b)(3), Mar. 29, 1996, 110 Stat. 854.) Editorial Notes REFERENCES IN TEXT The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682. Subpart II of part B of title XIX of the Act is classified generally to sub- part II (§ 300x–21 et seq.) of part B of subchapter XVII of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1996, with respect to any in- dividual whose claim for benefits is finally adjudicated on or after Mar. 29, 1996, or whose eligibility for bene- fits is based upon eligibility redetermination made pur- suant to section 105(b)(5)(C) of Pub. L. 104–121, see sec- tion 105(b)(5) of Pub. L. 104–121, as amended, set out as an Effective Date of 1996 Amendment note under sec- tion 1382 of this title. § 1383f. Annual report on program (a) In general Not later than May 30 of each year, the Com- missioner of Social Security shall prepare and deliver a report annually to the President and the Congress regarding the program under this subchapter, including— (1) a comprehensive description of the pro- gram; (2) historical and current data on allowances and denials, including number of applications and allowance rates for initial determinations, reconsideration determinations, administra- tive law judge hearings, appeals council re- views, and Federal court decisions; (3) historical and current data on character- istics of recipients and program costs, by re- cipient group (aged, blind, disabled adults, and disabled children); (4) historical and current data on prior en- rollment by recipients in public benefit pro- grams, including State programs funded under part A of subchapter IV of this chapter and State general assistance programs; (5) projections of future number of recipients and program costs, through at least 25 years; (6) number of redeterminations and con- tinuing disability reviews, and the outcomes of such redeterminations and reviews; (7) data on the utilization of work incen- tives; (8) detailed information on administrative and other program operation costs; (9) summaries of relevant research under- taken by the Social Security Administration, or by other researchers; (10) State supplementation program oper- ations; (11) a historical summary of statutory changes to this subchapter; and (12) such other information as the Commis- sioner deems useful. (b) Views of individual members of Social Secu- rity Advisory Board Each member of the Social Security Advisory Board shall be permitted to provide an indi- vidual report, or a joint report if agreed, of views of the program under this subchapter, to be included in the annual report required under this section. (Aug. 14, 1935, ch. 531, title XVI, § 1637, as added Pub. L. 104–193, title II, § 231, Aug. 22, 1996, 110 Stat. 2197.) § 1384. Omitted Editorial Notes CODIFICATION Section, act Aug. 14, 1935, ch. 531, title XVI, § 1604, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 204, related to operation of State plans, prior to the general revision of this subchapter by Pub. L. 92–603, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974. Statutory Notes and Related Subsidiaries PUERTO RICO, GUAM, AND VIRGIN ISLANDS Enactment of subchapter XVI of the Social Security Act [this subchapter] by Pub. L. 92–603, eff. Jan. 1, 1974, was not applicable to Puerto Rico, Guam, and the Vir- gin Islands. See section 303(b) of Pub. L. 92–603, set out as a note under section 301 of this title. Therefore, as to Puerto Rico, Guam, and the Virgin Islands, section 1604 of the Social Security Act [this section] as it ex- isted prior to reenactment of this subchapter by Pub. L. 92–603 continues to apply and reads as follows: § 1384. Operation of State plans If the Commissioner of Social Security, after reason- able notice and opportunity for hearing to the State agency administering or supervising the administra- tion of the State plan approved under this subchapter, finds— (1) that the plan has been so changed that it no longer complies with the provisions of section 1332 of this title; or (2) that in the administration of the plan there is a failure to comply substantially with any such provi- sion; the Commissioner of Social Security shall notify such State agency that further payments will not be made to the State (or, in the Commissioner’s discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure), until the Commissioner of Social Security is satisfied that there will no longer be any such failure to comply. Until the Commissioner is so satisfied the Commissioner shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure). (Aug. 14, 1935, ch. 531, title XVI, § 1604, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 204; amend- ed Aug. 15, 1994, Pub. L. 103–296, title I, § 107(a)(4), 108 Stat. 1478.) [Amendment by section 107(a)(4) of Pub. L. 103–296 ef- fective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as an Effective Date of 1994 Amendment note under section 401 of this title.] § 1385. Omitted Editorial Notes CODIFICATION Section, act Aug. 14, 1935, ch. 531, title XVI, § 1605, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 204; amended July 30, 1965, Pub. L. 89–97, title II, Page 2890 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1391 §§ 221(d)(1), (2), 222(b), title IV, § 402(b), 79 Stat. 358, 360, 416, defined ‘‘aid to the aged, blind, or disabled’’ and ‘‘medical assistance for the aged’’, prior to the general revision of this subchapter by Pub. L. 92–603, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974. Statutory Notes and Related Subsidiaries PUERTO RICO, GUAM, AND VIRGIN ISLANDS Enactment of subchapter XVI of the Social Security Act [this subchapter] by section 301 of Pub. L. 92–603, eff. Jan. 1, 1974, was not applicable to Puerto Rico, Guam, and the Virgin Islands. See section 303(b) of Pub. L. 92–603, set out as a note under section 301 of this title. Therefore, as to Puerto Rico, Guam, and the Vir- gin Islands, section 1605 of the Social Security Act [this section] as it existed prior to reenactment of this sub- chapter by Pub. L. 92–603, and as amended, continues to apply and to read as follows: § 1385. Definitions (a) For purposes of this subchapter, the term ‘‘aid to the aged, blind, or disabled’’ means money payments to 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. Such term also includes payments which are not in- cluded within the meaning of such term under the pre- ceding 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 Commissioner of So- cial Security) 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 1382 of this title includes provision for— (A) 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 aid through payments described in this sen- tence; (B) making such payments only in cases in which such payments will, under the rules otherwise appli- cable under the State plan for determining need and the amount of aid to the aged, blind, or disabled to be paid (and in conjunction with other income and re- sources), meet all the need [sic] of the individuals with respect to whom such payments are made; (C) 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; (D) periodic review by such State agency of the de- termination under clause (A) of this subsection to as- certain whether conditions justifying such deter- mination still exist, with provision for termination of such payments if they do not and for seeking judicial appointment 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 individual; and (E) opportunity for a fair hearing before the State agency on the determination referred to in clause (A) of this subsection for any individual 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 individual who has been absent from such State for a period in excess of ninety con- secutive 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 main- tained his residence in such State during such period or ninety consecutive days in the case of any other such individual, and (ii) may include rent payments made di- rectly to a public housing agency on behalf of a recipi- ent or a group or groups of recipients of aid under such plan. (b) Repealed. Pub. L. 97–35, title XXI, § 2184(d)(6)(B), Aug. 13, 1981, 95 Stat. 818. (Aug. 14, 1935, ch. 531, title XVI, § 1605, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 204; amend- ed July 30, 1965, Pub. L. 89–97, title II, §§ 221(d)(1), (2), 222(b), title IV, § 402(b), 79 Stat. 358, 360, 416; Oct. 30, 1972, Pub. L. 92–603, title IV, §§ 408(d), 409(d), 86 Stat. 1490, 1491; Aug. 13, 1981, Pub. L. 97–35, title XXI, § 2184(d)(6), 95 Stat. 818; Aug. 15, 1994, Pub. L. 103–296, title I, § 107(a)(4), 108 Stat. 1478.) [Amendment by section 107(a)(4) of Pub. L. 103–296 ef- fective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as an Effective Date of 1994 Amendment note under section 401 of this title.] SUBCHAPTER XVII—GRANTS FOR PLAN- NING COMPREHENSIVE ACTION TO COM- BAT MENTAL RETARDATION § 1391. Authorization of appropriations For the purpose of assisting the States (in- cluding the District of Columbia, the Common- wealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa) to plan for and take other steps leading to comprehensive State and community action to combat mental retar- dation, there is authorized to be appropriated the sum of $2,200,000. 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. (Aug. 14, 1935, ch. 531, title XVII, § 1701, as added Pub. L. 88–156, § 5, Oct. 24, 1963, 77 Stat. 275; amended Pub. L. 89–97, title II, § 211(a), July 30, 1965, 79 Stat. 356.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–97 authorized appropriations of $2,750,000 for fiscal years ending June 30, 1966 and 1967 for implementation of mental retardation planning. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of Pub. L. 88–156, which enacted this subchapter, as the ‘‘Maternal and Child Health and Mental Retardation Planning Amendments of 1963’’, see section 1 of Pub. L. 88–156, set out as a Short Title of 1963 Amendment note under section 1305 of this title. § 1392. Availability of funds during certain fiscal years; limitation on amount; utilization of grant The sums appropriated pursuant to the first sentence of section 1391 of this title shall be available for grants to States by the Secretary during the fiscal year ending June 30, 1964, and the succeeding fiscal year; and the sums appro- priated pursuant to the second sentence of such section for the fiscal year ending June 30, 1966,