42 U.S.C. § 1392 — Availability of funds during certain fiscal

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, Page 2891 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1394 shall be available for such grants during such year and the next two fiscal years, and sums ap- propriated pursuant thereto for the fiscal year ending June 30, 1967, shall be available for such grants during such year and the succeeding fis- cal year. Any such grant to a State, which shall not exceed 75 per centum of the cost of the plan- ning and related activities involved, may be used by it to determine what action is needed to combat mental retardation in the State and the resources available for this purpose, to develop public awareness of the mental retardation problem and of the need for combating it, to co- ordinate State and local activities relating to the various aspects of mental retardation and its prevention, treatment, or amelioration, and to plan other activities leading to comprehen- sive State and community action to combat mental retardation. (Aug. 14, 1935, ch. 531, title XVII, § 1702, as added Pub. L. 88–156, § 5, Oct. 24, 1963, 77 Stat. 275; amended Pub. L. 89–97, title II, § 211(b), July 30, 1965, 79 Stat. 356.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–97 inserted provision making appro- priations for fiscal year ending June 30, 1966, available for grants during such fiscal year and the next two fis- cal years and the appropriation for fiscal year ending June 30, 1967, available for grants during such fiscal year and the succeeding fiscal year. § 1393. Applications; single State agency designa- tion; essential planning services; plans for expenditure; final activities report and other necessary reports; records; accounting In order to be eligible for a grant under sec- tion 1392 of this title, a State must submit an application therefor which— (1) designates or establishes a single State agency, which may be an interdepartmental agency, as the sole agency for carrying out the purposes of this subchapter; (2) indicates the manner in which provision will be made to assure full consideration of all aspects of services essential to planning for comprehensive State and community action to combat mental retardation, including services in the fields of education, employment, reha- bilitation, welfare, health, and the law, and services provided through community pro- grams for and institutions for the mentally re- tarded; (3) sets forth its plans for expenditure of such grant, which plans provide reasonable as- surance of carrying out the purposes of this subchapter; (4) provides for submission of a final report of the activities of the State agency in car- rying out the purposes of this subchapter, and for submission of such other reports, in such form and containing such information, as the Secretary may from time to time find nec- essary for carrying out the purposes of this subchapter and for keeping such records and affording such access thereto as he may find necessary to assure the correctness and verification of such reports; and (5) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for funds paid to the State under this sub- chapter. (Aug. 14, 1935, ch. 531, title XVII, § 1703, as added Pub. L. 88–156, § 5, Oct. 24, 1963, 77 Stat. 275.) § 1394. Payments to States; adjustments; ad- vances or reimbursement; installments; con- ditions Payment of grants under this subchapter may be made (after necessary adjustment on account of previously made underpayments or overpay- ments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine. (Aug. 14, 1935, ch. 531, title XVII, § 1704, as added Pub. L. 88–156, § 5, Oct. 24, 1963, 77 Stat. 276.) SUBCHAPTER XVIII—HEALTH INSURANCE FOR AGED AND DISABLED Executive Documents EX. ORD. NO. 13890. PROTECTING AND IMPROVING MEDICARE FOR OUR NATION’S SENIORS Ex. Ord. No. 13890, Oct. 3, 2019, 84 F.R. 53573, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Purpose. The proposed Medicare for All Act of 2019, as introduced in the Senate [S. 1129, 116th Con- gress, 1st Session] (‘‘Medicare for All’’) would destroy our current Medicare program, which enables our Na- tion’s seniors and other vulnerable Americans to re- ceive affordable, high-quality care from providers of their choice. Rather than upend Medicare as we know it, my Administration will protect and improve it. America’s seniors are overwhelmingly satisfied with their Medicare coverage. The vast majority of seniors believe that the program delivers high-quality health outcomes. Medicare empowers seniors to choose their own providers and the type of health insurance that works best for them, whether it is fee-for-service (FFS) Medicare, in which the Federal Government pays for covered services, or Medicare Advantage (MA), in which Medicare dollars are used to purchase qualified private health insurance. ‘‘Medicare for All’’ would take away the choices currently available within Medi- care and centralize even more power in Washington, harming seniors and other Medicare beneficiaries. Throughout their lives, workers and their employers have contributed their own money to the Medicare Trust Fund. It would be a mistake to eliminate Ameri- cans’ healthcare choices and to force them into a new system that is effectively a Government takeover of their healthcare. ‘‘Medicare for All’’ would not only hurt America’s seniors, it would also eliminate health choices for all Americans. Instead of picking the health insurance that best meets their needs, Americans would generally be subject to a single, Government-run system. Private insurance for traditional health services, upon which millions of Americans depend, would be prohibited. States would be hindered from offering the types of in- surance that work best for their citizens. The Sec- retary of Health and Human Services (Secretary) would have the authority to control and approve health ex- penditures; such a system could create, among other problems, delays for patients in receiving needed care. To pay for this system, the Federal Government would compel Americans to pay more in taxes. No one—nei- ther seniors nor any American—would have the same options to choose their health coverage as they do now. Instead of ending the current Medicare program and eliminating health choices for all Americans, my Ad- ministration will continue to protect and improve