(2) Any such administration agreement between the Secretary and a State entered into under this subsection shall provide that the State will (A) certify to the Secretary the names of each individual who, for December 1973, was a recipient of aid or assistance (in the form of money payments) under a plan of such State approved under title I, X, XIV, or XVI of the Social Security Act, together with the amount of such assistance payable to each such individual and the amount of such individual's December 1973 income (as defined in subsection (a) (3) (B)), and (B) provide the Secretary with such additional data at such times as the Secretary may reasonably require in order properly, economically, and efficiently to carry out such administration agreement. (3) Any State which has entered into an administration agreement under this subsection shall, at such times and in such installments as may be agreed upon between the Secretary and the State, pay to the Secretary an amount equal to the expenditures made by the Secretary as supplementary payments to individuals entitled thereto under the agreement entered into with such State under subsection (a). (c) (1) Supplementary payments made pursuant to an agreement entered into under subsection (a) shall be excluded under section 1612(b) (6) of the Social Security Act (as in effect after December 42 USC 1382a. 1973) in determining income of individuals for purposes of title XVI of such Act (as so in effect). 86 Stat. 1485. 42 USC 1382e (2) Supplementary payments made by the Secretary (pursuant to an administration agreement entered into under subsection (b)) shall, for purposes of section 401 of the Social Security Amendments of 1972, be considered to be payments made under an agreement entered into under section 1616 of the Social Security Act (as enacted by section 301 of the Social Security Amendments of 1972); except that note. nothing in this paragraph shall be construed to waive, with respect to 42 USC 1382e. the payments so made by the Secretary, the provisions of subsection (b) of such section 401. (d) For purposes of subsection (a)(1), a State shall be deemed to have entered into an agreement under subsection (a) of this section if such State has entered into an agreement with the Secretary under section 1616 of the Social Security Act under which (1) individuals, other than individuals described in subsection (a) (2) (A) and (B), are entitled to receive supplementary payments, and (2) supplementary benefits are payable, to individuals described in subsection (a) (2) (A) and (B) at a level and under terms and conditions which meet the minimum requirements specified in subsection (a). (e) Except as the Secretary may by regulations otherwise provide, the provisions of title XVI of the Social Security Act (as enacted by section 301 of the Social Security Amendments of 1972), including the provisions of part B of such title, relating to the terms and conditions under which the benefits authorized by such title are payable shall, where not inconsistent with the purposes of this section, be applicable to the payments made under an agreement under subsection (b) of this section; and the authority conferred upon the Secretary by such title may, where appropriate, be exercised by him in the administration of this section. (f) The provisions of subsection (a) (1) shall not be applicable in the case of any State (1) the Constitution of which contains provisions which make it impossible for such State to enter into and commence carrying out (on January 1, 1974) an agreement referred to in subsection (a), and (2) the Attorney General (or other appropriate State official) of which has, prior to July 1, 1973, made a finding that the State 87 STAT. 158 86 Stat. 1474. 42 USC 1382e. 42 USC 1381. 86 Stat. 1484. 42 USC 301, 1201, 1351. Constitution of such State contains limitations which prevent such State from making supplemental payments of the type described in section 1616 of the Social Security Act. PREFERENCE FOR PRESENT STATE AND LOCAL EMPLOYEES SEC. 213. The Secretary of Health, Education, and Welfare, in the recruitment and selection for employment of personnel whose services will be utilized in the administration of the Federal program of supplemental security income for the aged, blind, and disabled (established by title XVI of the Social Security Act), shall give a preference, as among applicants whose qualifications are reasonably equal (subject to any preferences conferred by law or regulation on individuals who have been Federal employees and have been displaced from such employment), to applicants for employment who are or were employed in the administration of any State program approved under title I, X, XIV, or XVI of such Act and are or were involuntarily displaced from their employment as a result of the displacement of such State program by such Federal program. DETERMINATION OF BLINDNESS UNDER SUPPLEMENTAL SECURITY INCOME SEC. 214. Section 1633 of the Social Security Act (as enacted by 86 Stat. 1478. section 301 of the Social Security Amendments of 1972) is amended— 42 USC 1383b. 66 (1) by inserting "(a)" immediately after "SEC. 1633.", (2) by striking out "The Secretary" and inserting in lieu thereof "Subject to subsection (b), the Secretary", and (3) by adding at the end thereof the following new subsection: (b) In determining, for purposes of this title, whether an individual is blind, there shall be an examination of such individual by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select." PART C-SOCIAL SERVICES SOCIAL SERVICES REGULATIONS POSTPONED SEC. 220. (a) Subject to subsection (b), no regulation and no modification of any regulation, promulgated by the Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary") after January 1, 1973, shall be effective for any period which begins prior to November 1, 1973, if (and insofar as) such regulation or modification of a regulation pertains (directly or indirectly) to the provisions of law contained in section 3(a) (4) (A), 402 (a) (19) (G), 403 (a) (3) (A), 603 (a)(1)(A), 1003(a) (3)(A), 1403(a) (3) (A), or 1603 (a) (4) (A), of the Social Security Act, unless such regulation or 602, 603, 803, modification has been approved, prior to its being proposed, by the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. 42 USC 303, 1203, 1353, 1383. (b) (1) The provisions of subsection (a) shall not be applicable to any regulation relating to "scope of programs", if such regulation is identical (except as provided in the succeeding sentence) to the provisions of section 221.0 of the regulations (relating to social services) proposed by the Secretary and published in the Federal Register on May 1, 1973. There shall be deleted from the first sentence of subsection (b) of such section 221.0 the phrase "meets all the applicable requirements of this part and". (2) The provisions of subsection (a) shall not be applicable to any regulation relating to "limitations on total amount of Federal funds payable to States for services", if such regulation is identical (except as provided in the succeeding sentence) to the provisions of section 221.55 of the regulations so proposed and published on May 1, 1973. There shall be deleted from subsection (d)(1) of such section 221.55 the phrase "(as defined under day care services for children)"; and, in lieu of the sentence contained in subsection (d) (5) of such section 221.55, there shall be inserted the following: "Services provided to a child who is under foster care in a foster family home (as defined in section 408 of the Social Security Act) or in a child-care institution (as defined in such section), or while awaiting placement in such a home or institution, but only if such services are needed by such child because he is under foster care.". (3) The provisions of subsection (a) shall not be applicable to any regulation relating to "rates and amounts of Federal financial participation for Puerto Rico, the Virgin Islands, and Guam", if such regulation is identical to the provisions of section 221.56 of the regulations so proposed and published on May 1, 1973. 87 STAT. 159 (e) Notwithstanding the provisions of section 553 (d) of title 5, 80 Stat. 383. United States Code, any regulation described in subsection (b) may become effective upon the date of its publication in the Federal Register. SEC. 221. Section 1130(a)(2) of the Social Security Act is 86 Stat. 945. amended (1) by striking out "of the amounts paid (under all of such sections)" and inserting in lieu thereof "of the amounts paid under such section 403 (a) (3)"; and (2) by striking out "under State plans approved under titles I, X, XIV, XVI, or part A of title IV" and inserting in lieu thereof "under the State plan approved under part A of title IV". PART D-PROVISIONS RELATING TO MEDICAID COVERAGE OF ESSENTIAL PERSONS UNDER MEDICAID SEC. 230. In the case of any State plan (approved under title XIX of the Social Security Act) which for December 1973 provided medical assistance to persons described in section 1905 (a) (vi) of such Act, there is hereby imposed the requirement (and such State plan shall be deemed to require) that medical assistance under such plan be vided to each such person (who for December 1973 was eligible for medical assistance under such plan) for each month (after December 1973) that pro (1) the individual (referred to in the last sentence of section 1905 (a) of such Act) with whom such person is living continues to meet the criteria (as in effect for December 1973) for aid or assistance under a State plan (referred to in such sentence), and (2) such person continues to have the relationship with such individual described in such sentence and meets the other criteria (referred to in such sentence) with respect to a State plan (so referred to) as such plan was in effect for December 1973. Federal matching under title XIX of the Social Security Act shall be available for the medical assistance furnished to individuals eligible for such assistance under this section. PERSONS IN MEDICAL INSTITUTIONS 42 USC 1320b. 42 USC 603. 42 USC 601. 79 Stat. 343; 86 Stat. 1426. 42 USC 1396. 79 Stat. 351. 42 USC 1396d. SEC. 231. For purposes of section 1902 (a) (10) of the Social Security Act, any individual who, for all (or any part of) the month of 42 USC 1396a. December 1973 (1) was an inpatient in an institution qualified for reimburse ment under title XIX of the Social Security Act, and 87 STAT. 160 86 Stat. 1484, 1465. 42 USC 301, 1201, 1351, 1382. 79 Stat. 343; 86 Stat. 1426. 42 USC 1396. (2)(A) would (except for his being an inpatient in such institution) have been eligible to receive aid or assistance under a State plan approved under title I, X, XIV, or XVI of such Act, or (B) was, on the basis of his need for care in such institution, considered to be eligible for aid or assistance under a State plan (referred to in subparagraph (A)) for purposes of determining his eligibility for medical assistance under a State plan approved under title XIX of such Act (whether or not such individual actually received aid or assistance under a State plan referred to in subparagraph (A)), shall be deemed to be receiving such aid or assistance for such month and for each succeeding month in a continuous period of months if, for each month in such period (3) such individual continues to be (for all of such month) an inpatient in such an institution and would (except for his being an inpatient in such institution) continue to meet the conditions of eligibility to receive aid or assistance under such plan (as such plan was in effect for December 1973), and (4) such individual is determined (under the utilization review and other professional audit procedures applicable to State plans approved under title XIX of the Social Security Act) to be in need of care in such an institution. Federal matching under title XIX of the Social Security Act shall be available for the medical assistance furnished to individuals eligible for such assistance under this section. 42 USC 1396a. 86 Stat. 1429. 42 USC 1396a note. BLIND AND DISABLED MEDICALLY INDIGENT PERSONS SEC. 232. For purposes of section 1902 (a) (10) of the Social Security Act, any individual who, for the month of December 1973 was eligible (under the provisions of subparagraph (B) of such section) for medical assistance by reason of his having been determined to meet the criteria for blindness or disability (established by a State plan approved under title I, X, XIV, or XVI of such Act), shall be deemed to be a person described as being a person who "would, if needy, be eligible for aid or assistance under any such State plan" in subparagraph (B) (i) of such section for each month in a continuous period of months (beginning with the month of January 1974), if, for each month in such period, such individual continues to meet the criteria for blindness or disability so established by such a State plan (as it was in effect for December 1973). Federal matching under title XIX of the Social Security Act shall be available for the medical assistance furnished to individuals eligible for such assistance under this section. EXTENSION OF SECTION 249E OF SOCIAL SECURITY SEC. 233. Section 249E of the Social Security Amendments of 1972 is amended by striking out "October 1974" and inserting in lieu thereof "July 1975". REPEAL OF SECTION 225 OF SOCIAL SECURITY SEC. 234. (a) Section 1903 of the Social Security Act is amended by striking out subsection (j) thereof (as added by section 225 of Pub86 Stat. 1396. lic Law 92-603). 42 USC 1396b. (b) The amendment made by subsection (a) shall be applicable in Effective date.the case of expenditures for skilled nursing services and for intermediate care facility services furnished in calendar quarters which begin after December 31, 1972. PART E-PROVISIONS RELATING TO CHILD'S SOCIAL SECURITY BENEFITS FOR ADOPTED CHILDREN SEC. 240. (a) Section 202 (d) (8) (D) (ii) of the Social Security Act is amended by striking out "and" at the end thereof and inserting in lieu thereof or (III) if he is an individual referred to in either subparagraph (A) or subparagraph (B) and the child is the grandchild of such individual or his or her spouse, for the year immediately before the month in which such child files his or her application for child's insurance benefits, and”. (b) The amendment made by subsection (a) shall apply with Effective date. respect to monthly benefits payable under title II of the Social Secu rity Act for months after the month in which this Act is enacted on the 42 USC 401. basis of applications for such benefits filed in or after the month in which this Act is enacted. June 30, considered and passed Senate, amended; House agreed to WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 9, No. 28: Public Law 93-76 93rd Congress, S. 1413 July 30, 1973 An Act To increase the authorization for fiscal year 1974 for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of June 25, 1938 (52 Stat. 1196), as amended by Public Law 92-28, dated June 23, 1971 (85 Stat. 77), is hereby amended as follows: 87 STAT. 176 41 USC 46. By striking out in section 6 the words "and the next two succeeding 41 USC 48c. fiscal years" and inserting in lieu thereof "and the next succeeding fiscal year, and $240,000 for the fiscal year ending June 30, 1974". Approved July 30, 1973. SENATE REPORT No. 93-201 (Comm. on Labor and Public Welfare). June 15, considered and passed Senate. July 17, considered and passed House, in lieu of H. R. 7423. |