87 STAT. 957

XVI of the Social Security Act, State supplementary payments 86 Stat. 1465. described in section 1616 of such Act, or payments of the type referred 42 USC 1381. to in section 212(a) of Public Law 93-66, shall be considered to be 42 USC 1382e. a member of a household for any purpose of the food distribution Ante, p. 155. program for families under section 32 of Public Law 74-320, section 49 Stat. 774. 416 of the Agricultural Act of 1949, or any other law, for any month 7 USC 6120. during such period, if, for such month, such individual resides in a 68 Stat. 458. State which provides State supplementary payments (A) of the type described in section 1616(a) of the Social Security Act, and (B) the level of which has been found by the Secretary of Health, Education, and Welfare to have been specifically increased so as to include the bonus value of food stamps.

7 USC 1431.

(c) For purposes of the last sentence of section 3(e) of the Food Stamp Act of 1964 (as amended by subsection (a) of this section) and Ante, p. 956. subsections (b) (3) and (f) of this section, the level of State supplementary payment under section 1616 (a) shall be found by the Secretary to have been specifically increased so as to include the bonus value of food stamps (1) only if, prior to October 1, 1973, the State has entered into an agreement with the Secretary or taken other positive steps which demonstrate its intention to provide supplementary payments under section 1616(a) at a level which is at least equal to the maximum level which can be determined under section 401 (b)(1) of

the Social Security Amendments of 1972 and which is such that the 86 Stat. 1486. limitation on State fiscal liability under section 401 does result in a 42 USC 1382e reduction in the amount which would otherwise be payable to the note. Secretary by the State, and (2) only with respect to such months as

the State may, at its option, elect.

(d) Section 401(b)(1) of the Social Security Amendments of 1972 is amended by striking out everything after the word "exceed" and inserting in lieu thereof: "a payment level modification (as defined in paragraph (2) of this subsection) with respect to such plans."

(e) The amendment made by subsection (d) shall be effective only Effective date. for the 6-month period beginning January 1, 1974, except that such amendment shall not during such period, be effective in any State which provides supplementary payments of the type described in section 1616(a) of the Social Security Act the level of which has been found by the Secretary to have been specifically increased so as to include the bonus value of food stamps.

INDIVIDUALS DEEMED TO BE DISABLED UNDER THE SUPPLEMENTAL SECURITY

INCOME PROGRAM

SEC. 9. Section 1614(a) (3) of the Social Security Act is amended- 86 Stat. 1471. (1) by striking out the last sentence of subparagraph (A); and 42 USC 13820. (2) by inserting at the end thereof the following new

subparagraph:

"(E) Notwithstanding the provisions of subparagraphs (A) through (D), an individual shall also be considered to be disabled for purposes of this title if he is permanently and totally disabled

as defined under a State plan approved under title XIV or XVI 64 Stat. 555; as in effect for October 1972 and received aid under such plan (on 86 Stat. 1484. the basis of disability) for December 1973 (and for at least one 42 USC 1351, month prior to July 1973), so long as he is continuously disabled 1381. as so defined.".

SUPPLEMENTAL SECURITY INCOME RECIPIENT LIVING IN AID TO FAMILIES

WITH DEPENDENT CHILDREN HOUSEHOLD

SEC. 10. (a) Section 212 (a) (3) (A) of Public Law 93-66 is amended Ante, p. 155. by striking out "subparagraph (D)" and inserting in lieu thereof "subparagraphs (D) and (E)".

87 STAT 958

Ante, p. 155.

Family total income regu❤ lations.

42 USC 601.

86 Stat. 1484, 1465.

42 USC 301, 1201, 1351, 1381.

76 Stat. 192. 42 USC 1315.

86 Stat. 1465.

note.

(b) Section 212(a) (3) of Public Law 93-66 is amended by adding at the end thereof the following new subparagraph:

"(E) (i) In the case of an individual who, for December 1973 lived as a member of a family unit other members of which received aid (in the form of money payments) under a State plan of a State approved under part A of title IV of the Social Security Act, such State at its option, may (subject to clause (ii)) reduce such individual's December 1973 income (as determined under subparagraph (B)) to such extent as may be necessary to cause the supplementary payment (referred to in paragraph (2)) payable to such individual for January 1974 or any month thereafter to be reduced to a level designed to assure that the total income of such individual (and of the members of such family unit) for any month after December 1973 does not exceed the total income of such individual (and of the members of such family unit) for December 1973.

"(ii) The amount of the reduction (under clause (i)) of any individual's December 1973 income shall not be in an amount which would cause the supplementary payment (referred to in paragraph (2)) payable to such individual to be reduced below the amount of such supplementary payment which would be payable to such individual if he had, for the month of December 1973 not lived in a family, members of which were receiving aid under part A of title IV of the Social Security Act, and had had no income for such month other than that received as aid or assistance under a State plan approved under title I, X, XIV, or XVI of the Social Security Act."

CONTINUATION OF CERTAIN DEMONSTRATION PROJECTS

SEC. 11. (a) If any State (other than the Commonwealth of Puerto Rico, the Virgin Islands, or Guam) has any experimental, pilot, or demonstration project (referred to in section 1115 of the Social Security Act)—

(1) which (prior to October 1, 1973) has been approved by the Secretary of Health. Education, and Welfare (hereinafter in this section referred to as the "Secretary"), for a period which ends on or after December 31, 1973, as being a project with respect to which the authority conferred upon him by subsection (a) or (b) of such section 1115 will be exercised, and

(2) with respect to the costs of which Federal financial participation would (except for the provisions of this section) be denied or reduced on account of the enactment of section 301 of the Social Security Amendments of 1972,

42 USC 1381 and then, for any period (after December 31, 1973) with respect to which such project is approved by the Secretary, Federal financial participation in the costs of such project shall be continued in like manner as if

(3) such section 301 had not been enacted, and

(4) such State (for the month of January 1974 and any month thereafter) continued to have in effect the State plan (approved under title XVI) which was in effect for the month of October 1973, or the State plans (approved under titles I, X, and XIV of the Social Security Act) which were in effect for such month, as the case may be.

(b) With respect to individuals—

(1) who are participants in any project to which the provisions of subsection (a) are applicable, and

(2) with respect to whom supplemental security income benefits are (or would, except for their participation in such project, be) payable under title XVI of the Social Security Act, or who meet the requirements for aid or assistance under a State plan

87 STAT, 959

approved under title 1. X. XIV, or XVI of the Social Security Act of the State in which such project is conducted (as such State 86 Stat. 1484, plan was in effect for July 1973),

1465.

42 USC 301, 1201, 1351,

1381.

86 Stat. 1465. 42 USC 1381

the Secretary may waive such requirements of title XVI of such Act (as enacted by section 301 of the Social Security Amendments of 1972) to such extent as he determines to be necessary to the successful operation of such project. (c) In the case of any State which has entered into an agreement and note. with the Secretary under section 1616 of the Social Security Act (or which is deemed, under section 212(d) of Public Law 93-66, to have entered into such an agreement), then, of the costs of any project of such State with respect to which there is (solely by reason of the provisions of subsection (a)) Federal financial participation, the nonFederal share thereof shall

(1) be paid, from time to time, to such State by the Secretary, and

(2) shall, for purposes of section 1616(d) of the Social Security

Ante, p. 157.

Act and section 401 of the Social Security Amendments of 1972, 86 Stat. 1474, be treated in like manner as if such non-Federal share were sup- 1485. plementary payments made by the Secretary on behalf of such 42 USC 1382e, State pursuant to such agreement.

SOCIAL SERVICES REGULATIONS POSTPONED

SEC. 12. (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 January 1, 1975, if (and insofar as) such regulation or modification of a regulation pertains (directly or indirectly) to the provisions of law contained in sections 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.

1382e note.

42 USC 303,

(b) (1) The provisions of subsection (a) shall not be applicable to 602, 603, any regulation relating to "scope of programs", if such regulation is 803, 1203, identical (except as provided in the succeeding sentence) to the pro- 1353, 1383. visions 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 38 FR 10783. (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. 38 FR 10787. 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 childcare institution 75 Stat. 76; (as defined in such section), or while awaiting placement in such a 81 Stat. 880, home or institution, but only if such services are needed by such child 892. 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.

42 USC 608.

38 FR 10788.

87 STAT, 960

86 Stat. 1465, 1478.

(4) The provisions of subsection (a) shall not be construed to preclude the Secretary from making any modification in any regulation (described in subsection (a)) if such modification is technically necessary to take account of the enactment of section 301 or 302 of the Social Security Amendments of 1972.

(c) Notwithstanding the provisions of section 553 (d) of title 5, 42 USC 1381 and United States Code, any regulation described in subsection (b) may become effective upon the date of its publication in the Federal Register.

note, 801 and

note.

Publications in Federal Register. 80 Stat. 383.

79 Stat. 343. 42 USC 1396.

79 Stat. 334. 42 USC 13968.

42 USC 1381.

42 USC 601.

42 USC 301, 1201, 1351, 1381, 601.

MEDICAL ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME RECIPIENTS

Beneficiaries

SEC. 13. (a) (1) Section 1901 of the Social Security Act (as amended by Public Law 92-603) is amended by striking out "permanently and totally disabled" and inserting "disabled" in lieu thereof. (2) Section 1902 (a) (5) of such Act is amended by

(A) striking out "to administer the plan," and inserting in lieu thereof "to administer or to supervise the administration of the plan;" and by striking out "to supervise the administration of the plan" and inserting "to administer or to supervise the administration of the plan" in lieu thereof; and

(B) striking out "XVI (insofar as it relates to the aged)" and inserting "XVI (insofar as it relates to the aged) if the State is eligible to participate in the State plan program established under title XVI, or by the agency or agencies administering the supplemental security income program established under title XVI or the State plan approved under part A of title IV if the State is not eligible to participate in the State plan program established under title XVI" in lieu thereof.

(3) Section 1902(a) (10) of such Act is amended to read as follows: "(10) provide

"(A) for making medical assistance available to all individuals receiving aid or assistance under any plan of the State approved under title I, X, XIV, or XVI, or part A of title IV or with respect to whom supplemental security income benefits are being paid under title XVI;

"(B) that the medical assistance made available to any individual described in clause (A)

"(i) shall not be less in amount, duration, or scope than the medical assistance made available to any other such individual, and

"(ii) shall not be less in amount, duration, or scope than the medical assistance made available to individuals not described in clause (A); and

“(C) if medical assistance is included for any group of individuals who are not described in clause (A) and who do not meet the income and resources requirements of the appropriate State plan, or the supplemental security income program under title XVI, as the case may be, as determined in accordance with standards prescribed by the Secretary

"(i) for making medical assistance available to all individuals who would, except for income and resources, be eligible for aid or assistance under any such State plan or to have paid with respect to them supplemental security income benefits under title XVI, and who have insufficient (as determined in accordance with compa rable standards) income and resources to meet the costs of necessary medical and remedial care and services, and

"(ii) that the medical assistance made available to all individuals not described in clause (A) shall be equal

in amount, duration, and scope:

except that (1) the making available of the services described

87 STAT. 961

in paragraph (4), (14), or (16) of section 1905 (a) to individuals 42 USC 1396d. meeting the age requirements prescribed therein shall not, by reason of this paragraph (10). require the making available of any such services, or the making available of such services of the same amount, duration, and scope, to individuals of any other ages, (II) the making available of supplementary medical insurance benefits under part B of title XVIII to individuals eligible 42 USC 1395). therefor (either pursuant to an agreement entered into under section 1843 or by reason of the payment of premiums under such 42 USC 1395v. title by the State agency on behalf of such individuals), or provision for meeting part or all of the cost of deductibles, cost sharing, or similar charges under part B of title XVIII for individuals eligible for benefits under such part, shall not, by reason of this paragraph (10), require the making available of any such benefits, or the making available of services of the same amount, duration, and scope, to any other individuals, and (III) the making available of medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in clause (A) to any classification of individuals approved by the Secretary with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with respect to them, a State supplementary payment shall not, by reason of this paragraph (10), require the making available of any such assistance, or the making available of such assistance of the same amount, duration, and scope, to any other individuals not described in clause (A);".

(4) Section 1902 (a) (13) (B) of such Act is amended by striking out 81 Stat. 902. "the State's plan approved under title I, X, XIV, or XVI, or part A 42 USC 1396a. of title IV" and inserting "any plan of the State approved under title

I. X. XIV, or XVI, or part A of title IV, or with respect to whom 42 USC 301, supplemental security income benefits are being paid under title XVI" 1201, 1351, in lieu thereof. 1381, 601.

(5) Section 1902 (a) (14) (A) of such Act is amended by striking 86 Stat. 1381. out "a State plan approved under title I. X. XIV, or XVI, or part A of title IV, or who meet the income and resources requirements of the one of such State plans which is appropriate" and inserting "any plan of the State approved under title I. X. XIV, or XVI, or part A of title IV. or with respect to whom supplemental security income benefits are being paid under title XVI, or who meet the income and resources requirements of the appropriate State plan. or the supplemental security income program under title XVI. as the case may be, and individuals with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution. to have paid with respect to them, a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in paragraph (10) (A)" in lieu thereof.

(6) Section 1902(a)(14)(B) of such Act is amended by—

(A) inserting "(other than individuals with respect to whom there is being paid, or who are eligible or would be eligible if they were not in a medical institution, to have paid with respect to them, a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in paragraph (10) ( A ) )” immediately after "with respect to individuals";