
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11398]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER IV--HOUSING ASSISTANCE
 
   Part D--Safe Havens for Homeless Individuals Demonstration Program
 
Sec. 11398. Regulations


(a) In general

    The Secretary shall, by notice published in the Federal Register, 
establish such requirements as may be necessary to carry out the 
amendments made by this part.

(b) Consultation

    In establishing requirements to carry out the provisions of this 
part, and in considering applications under this part, the Secretary 
shall consult with officials of the appropriate agencies of the 
Department of Health and Human Services and with representative provider 
and public interest groups.

(c) Eligibility for SSI and medicaid

                  (1) Supplemental security income

        All provisions of the Supplemental Security Income program under 
    title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] and of 
    State programs in supplementation thereof shall apply to 
    participants in the safe havens demonstration program under this 
    part, except that no individual living in a safe haven shall--
            (A) be considered an inmate of a public institution (as 
        provided in section 1611(e)(1)(A) of such Act [42 U.S.C. 
        1382(e)(1)(A)]); or
            (B) have benefits under such title XVI [42 U.S.C. 1381 et 
        seq.] reduced or terminated because of the receipt of support 
        and maintenance (as provided in section 1612(a)(2)(A) of such 
        Act [42 U.S.C. 1382a(a)(2)(A)]), to the extent such support and 
        maintenance is received as a result of participation in the safe 
        havens demonstration program.

                            (2) Medicaid

        A safe haven shall not be considered a hospital, nursing 
    facility, institution for mental disease as defined under section 
    1905(i) of the Social Security Act [42 U.S.C. 1396d(i)], or any 
    other inpatient facility, for purposes of the program under title 
    XIX of such Act [42 U.S.C. 1396 et seq.], and individuals shall not 
    be denied eligibility for medicaid because of residency in such 
    residence.

(Pub. L. 100-77, title IV, Sec. 438, as added Pub. L. 102-550, title 
XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4027.)

                       References in Text

    The Social Security Act, referred to in subsec. (c), is act Aug. 14, 
1935, ch. 531, 49 Stat. 620, as amended. Titles XVI and XIX of the Act 
are classified generally to subchapters XVI (Sec. 1381 et seq.) and XIX 
(Sec. 1396 et seq.), respectively, of chapter 7 of this title. For 
complete classification of this Act to the Code, see section 1305 of 
this title and Tables.
