
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: 42USC1383c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XVI--SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND 
                                DISABLED
 
                Part B--Procedural and General Provisions
 
Sec. 1383c. Eligibility for medical assistance of aged, blind, 
        or disabled individuals under State's medical assistance plan
        

(a) Determination by Commissioner pursuant to agreement between 
        Commissioner and State; costs

    The Commissioner of Social Security may enter into an agreement with 
any State which wishes to do so under which the Commissioner will 
determine eligibility for medical assistance in the case of aged, blind, 
or disabled individuals under such State's plan approved under 
subchapter XIX of this chapter. Any such agreement shall provide for 
payments by the State, for use by the Commissioner of Social Security in 
carrying out the agreement, of an amount equal to one-half of the cost 
of carrying out the agreement, but in computing such cost with respect 
to individuals eligible for benefits under this subchapter, the 
Commissioner of Social Security shall include only those costs which are 
additional to the costs incurred in carrying out this subchapter.

(b) Preservation of benefit status for certain disabled widows and 
        widowers

    (1) An eligible disabled widow or widower (described in paragraph 
(2)) who is entitled to a widow's or widower's insurance benefit based 
on a disability for any month under section 402(e) or (f) of this title 
but is not eligible for benefits under this subchapter in that month, 
and who applies for the protection of this subsection under paragraph 
(3), shall be deemed for purposes of subchapter XIX of this chapter to 
be an individual with respect to whom benefits under this subchapter are 
paid in that month if he or she--
        (A) has been continuously entitled to such widow's or widower's 
    insurance benefits from the first month for which the increase 
    described in paragraph (2)(C) was reflected in such benefits through 
    the month involved, and
        (B) would be eligible for benefits under this subchapter in the 
    month involved if the amount of the increase described in paragraph 
    (2)(C) in his or her widow's or widower's insurance benefits, and 
    any subsequent cost-of-living adjustments in such benefits under 
    section 415(i) of this title, were disregarded.

    (2) For purposes of paragraph (1), the term ``eligible disabled 
widow or widower'' means an individual who--
        (A) was entitled to a monthly insurance benefit under subchapter 
    II of this chapter for December 1983,
        (B) was entitled to a widow's or widower's insurance benefit 
    based on a disability under section 402(e) or (f) of this title for 
    January 1984 and with respect to whom a benefit under this 
    subchapter was paid in that month, and
        (C) because of the increase in the amount of his or her widow's 
    or widower's insurance benefits which resulted from the amendments 
    made by section 134 of the Social Security Amendments of 1983 
    (Public Law 98-21) (eliminating the additional reduction factor for 
    disabled widows and widowers under age 60), was ineligible for 
    benefits under this subchapter in the first month in which such 
    increase was paid to him or her (and in which a retroactive payment 
    of such increase for prior months was not made).

    (3) This subsection shall only apply to an individual who files a 
written application for protection under this subsection, in such manner 
and form as the Commissioner of Social Security may prescribe, no later 
than July 1, 1988.
    (4) For purposes of this subsection, the term ``benefits under this 
subchapter'' includes payments of the type described in section 1382e(a) 
of this title or of the type described in section 212(a) of Public Law 
93-66.

(c) Loss of benefits upon entitlement to child's insurance benefits 
        based on disability

    If any individual who has attained the age of 18 and is receiving 
benefits under this subchapter on the basis of blindness or a disability 
which began before he or she attained the age of 22--
        (1) becomes entitled, on or after the effective date of this 
    subsection, to child's insurance benefits which are payable under 
    section 402(d) of this title on the basis of such disability or to 
    an increase in the amount of the child's insurance benefits which 
    are so payable, and
        (2) ceases to be eligible for benefits under this subchapter 
    because of such child's insurance benefits or because of the 
    increase in such child's insurance benefits,

such individual shall be treated for purposes of subchapter XIX of this 
chapter as receiving benefits under this subchapter so long as he or she 
would be eligible for benefits under this subchapter in the absence of 
such child's insurance benefits or such increase.

(d) Retention of medicaid when SSI benefits are lost upon entitlement to 
        early widow's or widower's insurance benefits

    (1) This subsection applies with respect to any person who--
        (A) applies for and obtains benefits under subsection (e) or (f) 
    of section 402 of this title (or under any other subsection of 
    section 402 of this title if such person is also eligible for 
    benefits under such subsection (e) or (f) of this section) being 
    then not entitled to hospital insurance benefits under part A of 
    subchapter XVIII of this chapter, and
        (B) is determined to be ineligible (by reason of the receipt of 
    such benefits under section 402 of this title) for supplemental 
    security income benefits under this subchapter or for State 
    supplementary payments of the type described in section 1382e(a) of 
    this title (or payments of the type described in section 212(a) of 
    Public Law 93-66).

    (2) For purposes of subchapter XIX of this chapter, each person with 
respect to whom this subsection applies--
        (A) shall be deemed to be a recipient of supplemental security 
    income benefits under this subchapter if such person received such a 
    benefit for the month before the month in which such person began to 
    receive a benefit described in paragraph (1)(A), and
        (B) shall be deemed to be a recipient of State supplementary 
    payments of the type referred to in section 1382e(a) of this title 
    (or payments of the type described in section 212(a) of Public Law 
    93-66) if such person received such a payment for the month before 
    the month in which such person began to receive a benefit described 
    in paragraph (1)(A),

for so long as such person (i) would be eligible for such supplemental 
security income benefits, or such State supplementary payments (or 
payments of the type described in section 212(a) of Public Law 93-66), 
in the absence of benefits described in paragraph (1)(A), and (ii) is 
not entitled to hospital insurance benefits under part A of subchapter 
XVIII of this chapter.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1634, as added Pub. L. 92-603, 
title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1478; amended Pub. L. 99-
272, title XII, Sec. 12202(a), Apr. 7, 1986, 100 Stat. 290; Pub. L. 99-
643, Sec. 6(a), Nov. 10, 1986, 100 Stat. 3578; Pub. L. 100-203, title 
IX, Secs. 9108, 9116(a), Dec. 22, 1987, 101 Stat. 1330-302, 1330-305; 
Pub. L. 101-508, title V, Sec. 5103(c)(1), Nov. 5, 1990, 104 Stat. 1388-
251; Pub. L. 103-296, title I, Sec. 107(a)(4), title II, 
Sec. 201(b)(3)(D), Aug. 15, 1994, 108 Stat. 1478, 1504; Pub. L. 104-121, 
title I, Sec. 105(b)(4)(B), Mar. 29, 1996, 110 Stat. 854.)

                       References in Text

    Section 134 of the Social Security Amendments of 1983 (Public Law 
98-21), referred to in subsec. (b)(2)(C), is section 134 of Pub. L. 98-
21, title I, Apr. 20, 1983, 97 Stat. 97, which amended section 402 of 
this title and enacted provisions set out as a note under section 402 of 
this title.
    Section 212(a) of Public Law 93-66, referred to in subsecs. (b)(4) 
and (d)(1)(B), (2), is section 212(a) 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.
    The effective date of this subsection, referred to in subsec. 
(c)(1), is July 1, 1987, except as otherwise provided. See section 10(b) 
of Pub. L. 99-643, set out as an Effective Date of 1986 Amendments note 
under section 1396a of this title.
    Part A of subchapter XVIII of this chapter, referred to in subsec. 
(d)(2), is classified to section 1395c et seq. of this title.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-121 struck out subsec. (e) which read 
as follows: ``Each person to whom benefits under this subchapter by 
reason of disability are not payable for any month solely by reason of 
clause (i) or (v) of section 1382(e)(3)(A) of this title shall be 
treated, for purposes of subchapter XIX of this chapter, as receiving 
benefits under this subchapter for the month.''
    1994--Subsecs. (a), (b)(3). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary'' 
wherever appearing and ``the Commissioner will'' for ``he will'' in 
subsec. (a).
    Subsec. (e). Pub. L. 103-296, Sec. 201(b)(3)(D), added subsec. (e).
    1990--Subsec. (d). Pub. L. 101-508 designated existing provisions as 
par. (1), substituted ``This subsection applies with respect to any 
person who--'' for ``If any person--'' in introductory provisions, 
redesignated former pars. (1) and (2) as subpars. (A) and (B), 
respectively, in subpar. (A) substituted ``being then not entitled'' for 
``as required by section 1382(e)(2) of this title, being then at least 
60 years of age but not entitled'', in subpar. (B) substituted ``section 
1382e(a) of this title (or payments of the type described in section 
212(a) of Public Law 93-66).'' for ``section 1382e(a) of this title,'' 
and substituted par. (2) for former concluding provisions which read as 
follows: ``such person shall nevertheless be deemed to be a recipient of 
supplemental security income benefits under this subchapter for purposes 
of subchapter XIX of this chapter, so long as he or she (A) would be 
eligible for such supplemental security income benefits, or such State 
supplementary payments, in the absence of such benefits under section 
402 of this title, and (B) is not entitled to hospital insurance 
benefits under part A of subchapter XVIII of this chapter.''
    1987--Subsec. (b)(3). Pub. L. 100-203, Sec. 9108, substituted ``no 
later than July 1, 1988'' for ``during the 15-month period beginning 
with the month in which this subsection is enacted [April 1986]''.
    Subsec. (d). Pub. L. 100-203, Sec. 9116(a), added subsec. (d).
    1986--Subsec. (a). Pub. L. 99-272, Sec. 12202(a)(1), designated 
existing provisions as subsec. (a).
    Subsec. (b). Pub. L. 99-272, Sec. 12202(a)(2), added subsec. (b).
    Subsec. (c). Pub. L. 99-643 added subsec. (c).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-121 applicable to any individual who 
applies for, or whose claim is finally adjudicated with respect to, 
supplemental security income benefits under this subchapter based on 
disability on or after Mar. 29, 1996, with special rule in case of any 
individual who has applied for, and whose claim has been finally 
adjudicated with respect to, such benefits before Mar. 29, 1996, see 
section 105(b)(5) of Pub. L. 104-121, set out as a note under section 
1382 of this title.


                    Effective Date of 1994 Amendment

    Amendment by section 107(a)(4) of 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.
    Amendment by section 201(b)(3)(D) of Pub. L. 103-296 applicable with 
respect to supplemental security income benefits under this subchapter 
by reason of disability which are otherwise payable in months beginning 
after 180 days after Aug. 15, 1994, with Secretary of Health and Human 
Services to issue regulations necessary to carry out such amendment not 
later than 180 days after Aug. 15, 1994, see section 201(b)(3)(E)(i) of 
Pub. L. 103-296, set out as a note under section 1382 of this title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 applicable with respect to medical 
assistance provided after December 1990, see section 5103(e) of Pub. L. 
101-508, set out as a note under section 402 of this title.


                    Effective Date of 1987 Amendment

    Section 9108 of Pub. L. 100-203 provided that the amendment made by 
that section is effective July 1, 1987.
    Section 9116(e) of Pub. L. 100-203 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to any individual without regard to whether the determination of his or 
her ineligibility for supplemental security income benefits by reason of 
the receipt of benefits under section 202 of the Social Security Act 
[section 402 of this title] (as described in section 1634(d)(2) of such 
Act [subsec. (d)(2) of this section]) occurred before, on, or after the 
date of the enactment of this Act [Dec. 22, 1987]; but no individual 
shall be eligible for assistance under title XIX of such Act [subchapter 
XIX of this chapter] by reason of such amendments for any period before 
July 1, 1988.''


                    Effective Date of 1986 Amendments

    Amendment by Pub. L. 99-643 effective July 1, 1987, except as 
otherwise provided, see section 10(b) of Pub. L. 99-643, set out as a 
note under section 1396a of this title.
    Section 12202(c) of Pub. L. 99-272 provided that: ``The amendment 
made by subsection (a)(2) [amending this section] shall not have the 
effect of deeming an individual eligible for medical assistance for any 
month which begins less than two months after the date of the enactment 
of this Act [Apr. 7, 1986].''


                             Effective Date

    Section 301 of Pub. L. 92-603 provided that this section is 
effective Jan. 1, 1974.


         Notice of Possible Eligibility for Medicaid Assistance

    Section 9116(b) of Pub. L. 100-203 provided that: ``The Secretary of 
Health and Human Services, acting through the Social Security 
Administration, shall (within 3 months after the date of the enactment 
of this Act [Dec. 22, 1987]) issue a notice to all individuals who will 
have attained age 60 but not age 65 as of April 1, 1988, and who 
received supplemental security income benefits under title XVI of the 
Social Security Act [this subchapter] prior to attaining age 60 but lost 
those benefits by reason of the receipt of widow's or widower's 
insurance benefits (or other benefits as described in section 1634(d)(1) 
of that Act [subsec. (d)(1) of this section] as added by subsection (a) 
of this section) under title II of that Act [subchapter II of this 
chapter]. Each such notice shall set forth and explain the provisions of 
section 1634(d) of the Social Security Act (as so added), and shall 
inform the individual that he or she should contact the Secretary or the 
appropriate State agency concerning his or her possible eligibility for 
medical assistance benefits under such title XIX [subchapter XIX of this 
chapter].''


                          State Determinations

    Section 9116(c) of Pub. L. 100-203 provided that: ``Any 
determination required under section 1634(d) of the Social Security Act 
[subsec. (d) of this section] with respect to whether an individual 
would be eligible for benefits under title XVI of such Act [this 
subchapter] (or State supplementary payments) in the absence of benefits 
under section 202 [section 402 of this title] shall be made by the 
appropriate State agency.''
    Section 6(b) of Pub. L. 99-643 provided that: ``Any determination 
required under section 1634(c) of the Social Security Act [subsec. (c) 
of this section] with respect to whether an individual would be eligible 
for benefits under title XVI of such Act [this subchapter] in the 
absence of children's benefits (or an increase thereof) shall be made by 
the appropriate State agency.''


 Identification of Potential Beneficiaries Under Subsection (b) of This 
                                 Section

    Section 12202(b) of Pub. L. 99-272 provided that:
    ``(1) As soon as possible after the date of the enactment of this 
Act [Apr. 7, 1986], the Secretary of Health and Human Services shall 
provide each State with the names of all individuals receiving widow's 
or widower's insurance benefits under subsection (e) or (f) of section 
202 of the Social Security Act [section 402(e) or (f) of this title] 
based on a disability who might qualify for medical assistance under the 
plan of that State approved under title XIX of such Act [subchapter XIX 
of this chapter] by reason of the application of section 1634(b) of the 
Social Security Act [subsec. (b) of this section].
    ``(2) Each State shall--
        ``(A) using the information so provided and any other 
    information it may have, promptly notify all individuals who may 
    qualify for medical assistance under its plan by reason of such 
    section 1634(b) of their right to make application for such 
    assistance,
        ``(B) solicit their applications for such assistance, and
        ``(C) make the necessary determination of such individuals' 
    eligibility for such assistance under such section and under such 
    title XIX.''


                 Application to Northern Mariana Islands

    For applicability of this section to the Northern Mariana Islands, 
see section 502(a)(1) of the Covenant to Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United States of 
America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as 
notes under section 1801 of Title 48, Territories and Insular 
Possessions.


                  Puerto Rico, Guam, and Virgin Islands

    Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not 
applicable to Puerto Rico, Guam, and the Virgin Islands, see section 
303(b) of Pub. L. 92-603, set out as a note under section 301 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1396a, 1396b, 1396v of this 
title.
