
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: 42USC1382i]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XVI--SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND 
                                DISABLED
 
                    Part A--Determination of Benefits
 
Sec. 1382i. Medical and social services for certain handicapped 
        persons
        

(a) Authorization of appropriations for pilot program

    There are authorized to be appropriated such sums as may be 
necessary to establish and carry out a 3-year Federal-State pilot 
program to provide medical and social services for certain handicapped 
individuals in accordance with this section.

(b) State allotments

    (1) The total sum of $18,000,000 shall be allotted to the States for 
such program by the Commissioner of Social Security, during the period 
beginning September 1, 1981, and ending September 30, 1984, as follows:
        (A) The total sum of $6,000,000 shall be allotted to the States 
    for the fiscal year ending September 30, 1982 (which for purposes of 
    this section shall include the month of September 1981).
        (B) The total sum of $6,000,000, plus any amount remaining 
    available (after the application of paragraph (4)) from the 
    allotment made under subparagraph (A), shall be allotted to the 
    States for the fiscal year ending September 30, 1983.
        (C) The total sum of $6,000,000, plus any amount remaining 
    available (after the application of paragraph (4)) from the 
    allotments made under subparagraphs (A) and (B), shall be allotted 
    to the States for the fiscal year ending September 30, 1984.

    (2) The allotment to each State from the total sum allotted under 
paragraph (1) for any fiscal year shall bear the same ratio to such 
total sum as the number of individuals in such State who are over age 17 
and under age 65 and are receiving supplemental security income benefits 
as disabled individuals in such year (as determined by the Commissioner 
of Social Security on the basis of the most recent data available) bears 
to the total number of such individuals in all the States. For purposes 
of the preceding sentence, the term ``supplemental security income 
benefits'' includes payments made pursuant to an agreement under section 
1382e(a) of this title or under section 212(b) of Public Law 93-66.
    (3) At the beginning of each fiscal year in which the pilot program 
under this section is in effect, each State that does not intend to use 
the allotment to which it is entitled for such year (or any allotment 
which was made to it for a prior fiscal year), or that does not intend 
to use the full amount of any such allotment, shall certify to the 
Commissioner of Social Security the amount of such allotment which it 
does not intend to use, and the State's allotment for the fiscal year 
(or years) involved shall thereupon be reduced by the amount so 
certified.
    (4) The portion of the total amount available for allotment for any 
particular fiscal year under paragraph (1) which is not allotted to 
States for that year by reason of paragraph (3) (plus the amount of any 
reductions made at the beginning of such year in the allotments of 
States for prior fiscal years under paragraph (3)) shall be reallocated 
in such manner as the Commissioner of Social Security may determine to 
be appropriate to States which need, and will use, additional assistance 
in providing services to severely handicapped individuals in that 
particular year under their approved plans. Any amount reallocated to a 
State under this paragraph for use in a particular fiscal year shall be 
treated for purposes of this section as increasing such State's 
allotment for that year by an equivalent amount.

(c) Requisite features of State plans

    In order to participate in the pilot program and be eligible to 
receive payments for any period under subsection (d) of this section, a 
State (during such period) must have a plan, approved by the 
Commissioner of Social Security as meeting the requirements of this 
section, which provides medical and social services for severely 
handicapped individuals whose earnings are above the level which 
ordinarily demonstrates an ability to engage in substantial gainful 
activity and who are not receiving benefits under section 1382 or 1382h 
of this title or assistance under a State plan approved under section 
1396a of this title, and which--
        (1) declares the intent of the State to participate in the pilot 
    program;
        (2) designates an appropriate State agency to administer or 
    supervise the administration of the program in the State;
        (3) describes the criteria to be applied by the State in 
    determining the eligibility of any individual for assistance under 
    the plan and in any event requires a determination by the State 
    agency to the effect that (A) such individual's ability to continue 
    his employment would be significantly inhibited without such 
    assistance and (B) such individual's earnings are not sufficient to 
    allow him to provide for himself a reasonable equivalent of the cash 
    and other benefits that would be available to him under this 
    subchapter and subchapters XIX and XX of this chapter in the absence 
    of those earnings;
        (4) describes the process by which the eligibility of 
    individuals for such assistance is to be determined (and such 
    process may not involve the performance of functions by any State 
    agency or entity which is engaged in making determinations of 
    disability for purposes of disability insurance or supplemental 
    security income benefits except when the use of a different agency 
    or entity to perform those functions would not be feasible);
        (5) describes the medical and social services to be provided 
    under the plan;
        (6) describes the manner in which the medical and social 
    services involved are to be provided and, if they are not to be 
    provided through the State's medical assistance and social services 
    programs under subchapters XIX and XX of this chapter (with the 
    Federal payments being made under subsection (d) of this section 
    rather than under those subchapters), specifies the particular 
    mechanisms and procedures to be used in providing such services; and
        (7) contains such other provisions as the Commissioner of Social 
    Security may find to be necessary or appropriate to meet the 
    requirements of this section or otherwise carry out its purpose.

(d) Payments to States; computation of payments

    (1) From its allotment under subsection (b) of this section for any 
fiscal year (and any amounts remaining available from allotments made to 
it for prior fiscal years), the Commissioner of Social Security shall 
from time to time pay to each State which has a plan approved under 
subsection (c) of this section an amount equal to 75 per centum of the 
total sum expended under such plan (including the cost of administration 
of such plan) in providing medical and social services to severely 
handicapped individuals who are eligible for such services under the 
plan.
    (2) The method of computing and making payments under this section 
shall be as follows:
        (A) The Commissioner of Social Security shall, prior to each 
    period for which a payment is to be made to a State, estimate the 
    amount to be paid to the State for such period under the provisions 
    of this section.
        (B) From the allotment available therefor, the Commissioner of 
    Social Security shall pay the amount so estimated, reduced or 
    increased, as the case may be, by any sum (not previously adjusted 
    under this subsection) by which the Commissioner finds that the 
    Commissioner's estimate of the amount to be paid the State for any 
    prior period under this section was greater or less than the amount 
    which should have been paid to the State for such period under this 
    section.

(e) Rules and regulations

    Within nine months after June 9, 1980, the Commissioner of Social 
Security shall prescribe and publish such regulations as may be 
necessary or appropriate to carry out the pilot program and otherwise 
implement this section.

(f) Reports

    Each State participating in the pilot program under this section 
shall from time to time report to the Commissioner of Social Security on 
the operation and results of such program in that State, with particular 
emphasis upon the work incentive effects of the program. On or before 
October 1, 1983, the Commissioner of Social Security shall submit to the 
Congress a report on the program, incorporating the information 
contained in the State reports along with the Commissioner's findings 
and recommendations.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1620, as added Pub. L. 96-265, 
title II, Sec. 201(c), June 9, 1980, 94 Stat. 446; amended Pub. L. 97-
35, title XXIII, Sec. 2353(p), Aug. 13, 1981, 95 Stat. 874; Pub. L. 103-
296, title I, Sec. 107(a)(4), Aug. 15, 1994, 108 Stat. 1478.)

                       References in Text

    Section 212(b) of Public Law 93-66, referred to in subsec. (b)(2), 
is section 212(b) of Pub. L. 93-66, title II, July 9, 1973, 87 Stat. 
155, as amended, which is set out as a note under section 1382 of this 
title.


                               Amendments

    1994--Subsecs. (b) to (f). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary'' 
wherever appearing, ``the Commissioner finds that the Commissioner's'' 
for ``he finds that his'' in subsec. (d)(2)(B), and ``the 
Commissioner's'' for ``his'' in subsec. (f).
    1981--Subsec. (c). Pub. L. 97-35 struck out provision following par. 
(7) that the plan under this section may be developed and submitted as a 
separate State plan or may be submitted in the form of an amendment to 
the State's plan under section 1397b(d) of this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of this 
title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as 
otherwise explicitly provided, see section 2354 of Pub. L. 97-35, set 
out as an Effective Date note under section 1397 of this title.
