
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320b-3]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1320b-3. Applicants or recipients under public assistance 
        programs not to be required to make election respecting certain 
        veterans' benefits
        

(a) Supplemental Security Income program

    Notwithstanding any other provision of law (but subject to 
subsection (b) of this section), no individual who is an applicant for 
or recipient of aid or assistance under a State plan approved under 
subchapter I, X, XIV, or XVI of this chapter, or of benefits under the 
Supplemental Security Income program established by subchapter XVI of 
this chapter shall--
        (1) be required, as a condition of eligibility for (or of 
    continuing to receive) such aid, assistance, or benefits, to make an 
    election under section 306 of the Veterans' and Survivors' Pension 
    Improvement Act of 1978 with respect to pension paid by the 
    Secretary of Veterans Affairs, or
        (2) by reason of failure or refusal to make such an election, be 
    denied (or suffer a reduction in the amount of) such aid, 
    assistance, or benefits.

(b) Period of effectiveness

    The provisions of subsection (a) of this section shall be applicable 
only with respect to an individual, who is an applicant for or recipient 
of aid, assistance, or benefits described in subsection (a) of this 
section, during a period with respect to which there is in effect--
        (1) in case such individual is an applicant for or recipient of 
    aid or assistance under a State plan referred to in subsection (a) 
    of this section, in the State having such plan, or
        (2) in case such individual is an applicant for or recipient of 
    benefits under the Supplemental Security Income program established 
    by subchapter XVI of this chapter, in the State in which the 
    individual applies for or receives such benefits,

a State plan for medical assistance, approved under subchapter XIX of 
this chapter, under which medical assistance is available to such 
individual only for periods for which such individual is a recipient of 
aid, assistance, or benefits described in subsection (a) of this 
section.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1133, as added Pub. L. 96-272, 
title III, Sec. 310(a)(1), June 17, 1980, 94 Stat. 532; amended Pub. L. 
102-54, Sec. 13(q)(3)(B)(iii), June 13, 1991, 105 Stat. 279; Pub. L. 
104-193, title I, Sec. 108(g)(6), Aug. 22, 1996, 110 Stat. 2168.)

                       References in Text

    Section 306 of the Veterans' and Survivors' Pension Improvement Act 
of 1978, referred to in subsec. (a)(1), is section 306 of Pub. L. 95-
588, title III, Nov. 4, 1978, 92 Stat. 2508, which is set out as a note 
under section 1521 of Title 38, Veterans' Benefits.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-193 substituted ``subchapter I, X, 
XIV, or XVI of this chapter,'' for ``subchapter I, X, XIV, or XVI, or 
part A of subchapter IV of this chapter,''.
    1991--Subsec. (a)(1). Pub. L. 102-54 substituted ``Secretary of 
Veterans Affairs'' for ``Veterans' Administration''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-193 effective July 1, 1997, with transition 
rules relating to State options to accelerate such date, rules relating 
to claims, actions, and proceedings commenced before such date, rules 
relating to closing out of accounts for terminated or substantially 
modified programs and continuance in office of Assistant Secretary for 
Family Support, and provisions relating to termination of entitlement 
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set 
out as an Effective Date note under section 601 of this title.


                             Effective Date

    Section 310(a)(2) of Pub. L. 96-272 provided that: ``The amendment 
made by paragraph (1) [enacting this section] shall be effective on and 
after January 1, 1979; except that nothing contained in such amendment 
shall be construed to authorize or require any payment (or increase in 
payment) of any aid or assistance or benefits referred to in section 
1133(a) of the Social Security Act [subsec. (a) of this section] (as 
added by paragraph (1)) for any benefit period which begins prior to the 
date of enactment of this Act [June 17, 1980].''


  Continuing Medicaid Eligibility for Certain Recipients of Veterans' 
                         Administration Pensions

    Section 310(b)(2) of Pub. L. 96-272 provided that:
    ``(A) The Administrator shall provide to each individual to whom 
section 1133 of the Social Security Act (as added by subsection (a)(1) 
of this section) [this section] applies and who is eligible to make or 
has made an election under section 306 of the Veterans' and Survivors' 
Pension Improvement Act of 1978 [Pub. L. 95-588, set out as a note under 
section 1521 of Title 38, Veterans' Benefits], a written notice, in 
clear and understandable language, which (i) describes the consequences 
to such individual (and possibly to such individual's family), in terms 
of a determination or possible determination of ineligibility for 
medical assistance under a State plan approved under title XIX of the 
Social Security Act [subchapter XIX of this chapter], of making an 
election with respect to pension under such section 306, (ii) describes 
the provisions of subparagraph (B) of this paragraph and subsection (a) 
of this section, (iii) sets forth other relevant information that would 
be helpful to such individual in making an informed decision concerning 
such an election or the disaffirmation thereof, and (iv) in the case of 
any individual who has made such an election, is accompanied by a form 
prepared for the purpose of enabling such individual to file with the 
Administrator a written disaffirmation of such an election.
    ``(B) Notwithstanding any other provision of law--
        ``(i) any individual to whom section 1133 of the Social Security 
    Act (as added by subsection (a)(1) of this section) [this section] 
    applies may, within the 90-day period beginning with the day that 
    there is mailed to such individual (at such individual's last known 
    mailing address) a notice referred to in subparagraph (A), disaffirm 
    an election previously made by such individual under section 306 of 
    the Veterans' and Survivors' Pension Improvement Act of 1978 [Pub. 
    L. 95-588, set out as a note under section 1521 of Title 38] by 
    completing and mailing to the Administrator the form furnished such 
    individual for such purpose by the Administrator pursuant to 
    subparagraph (A),
        ``(ii) whenever any such individual files such a disaffirmation 
    with the Administrator, the amount of pension payable to such 
    individual shall be adjusted, beginning with the first calendar 
    month which commences after the receipt by the Administrator of such 
    disaffirmation, to the amount that such pension would have been if 
    such an election by such individual had not been made,
        ``(iii) any individual who has filed a disaffirmation, pursuant 
    to this subparagraph, of an election made by such individual under 
    such section 306 may again make an election thereunder, but such 
    subsequent election may not be disaffirmed under this subsection, 
    and
        ``(iv) no indebtedness to the United States, as a result of the 
    disaffirmation by an individual, pursuant to this subparagraph, of 
    an election made by such individual under such section 306 shall be 
    considered to arise from the payment of pension pursuant to such an 
    election.
    ``(C) The Administrator shall promptly advise the Secretary of 
Health, Education, and Welfare [now Health and Human Services], and 
provide identification of the individuals involved and other pertinent 
information with respect to (i) disaffirmations of elections made by 
individuals pursuant to subparagraph (B), (ii) individuals who, by 
failing to disaffirm within the 90-day period prescribed in subparagraph 
(B), are deemed to have reaffirmed elections previously made, and (iii) 
individuals who, after having disaffirmed an election under subparagraph 
(B), subsequently again make an election under section 306 of the 
Veterans' and Survivors' Pension Improvement Act of 1978 [Pub. L. 95-
588, set out as a note under section 1521 of Title 38]. The Secretary, 
upon receipt of any such information with respect to an individual, 
shall promptly notify the appropriate agencies administering State plans 
approved under title I, X, XIV, XIX, and part A of title IV of the 
Social Security Act [subchapters I, X, XIV, XIX, and part A of 
subchapter IV of this chapter], and State agencies making supplemental 
payments pursuant to section 1616 of such Act [section 1382e of this 
title] or an agreement entered into pursuant to section 212(a) of Public 
Law 93-66 [set out as a note under section 1382 of this title].''
