
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: 42USC1396v]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
    SUBCHAPTER XIX--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
 
Sec. 1396v. References to laws directly affecting medicaid 
        program
        

(a) Authority or requirements to cover additional individuals

    For provisions of law which make additional individuals eligible for 
medical assistance under this subchapter, see the following:

                              (1) AFDC

        (A) Section 602(a)(32) \1\ of this title (relating to 
    individuals who are deemed recipients of aid but for whom a payment 
    is not made).
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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        (B) Section 602(a)(37) \1\ of this title (relating to 
    individuals who lose AFDC eligibility due to increased earnings).
        (C) Section 606(h) \1\ of this title (relating to individuals 
    who lose AFDC eligibility due to increased collection of child or 
    spousal support).
        (D) Section 682(e)(6) \1\ of this title (relating to certain 
    individuals participating in work supplementation programs).

                               (2) SSI

        (A) Section 1382(e) of this title (relating to treatment of 
    couples sharing an accommodation in a facility).
        (B) Section 1382h of this title (relating to benefits for 
    individuals who perform substantial gainful activity despite severe 
    medical impairment).
        (C) Section 1383c(b) of this title (relating to preservation of 
    benefit status for disabled widows and widowers who lost SSI 
    benefits because of 1983 changes in actuarial reduction formula).
        (D) Section 1383c(c) of this title (relating to individuals who 
    lose eligibility for SSI benefits due to entitlement to child's 
    insurance benefits under section 402(d) of this title).
        (E) Section 1383c(d) of this title (relating to individuals who 
    lose eligibility for SSI benefits due to entitlement to early 
    widow's or widower's insurance benefits under section 602(e) or (f) 
    \1\ of this title).

               (3) Foster care and adoption assistance

        Sections 672(h) and 673(b) of this title (relating to medical 
    assistance for children in foster care and for adopted children).

                       (4) Refugee assistance

        Section 1522(e)(5) of title 8 (relating to medical assistance 
    for certain refugees).

                          (5) Miscellaneous

        (A) Section 230 of Public Law 93-66 (relating to deeming 
    eligible for medical assistance certain essential persons).
        (B) Section 231 of Public Law 93-66 (relating to deeming 
    eligible for medical assistance certain persons in medical 
    institutions).
        (C) Section 232 of Public Law 93-66 (relating to deeming 
    eligible for medical assistance certain blind and disabled medically 
    indigent persons).
        (D) Section 13(c) of Public Law 93-233 (relating to deeming 
    eligible for medical assistance certain individuals receiving 
    mandatory State supplementary payments).
        (E) Section 503 of Public Law 94-566 (relating to deeming 
    eligible for medical assistance certain individuals who would be 
    eligible for supplemental security income benefits but for cost-of-
    living increases in social security benefits).
        (F) Section 310(b)(1) of Public Law 96-272 (relating to 
    continuing medicaid eligibility for certain recipients of Department 
    of Veterans Affairs pensions).

(b) Additional State plan requirements

    For other provisions of law that establish additional requirements 
for State plans to be approved under this subchapter, see the following:
        (1) Section 1382g of this title (relating to requirement for 
    operation of certain State supplementation programs).
        (2) Section 212(a) of Public Law 93-66 (relating to requiring 
    mandatory minimum State supplementation of SSI benefits program).

(Aug. 14, 1935, ch. 531, title XIX, Sec. 1935, formerly Sec. 1920, as 
added Pub. L. 99-272, title IX, Sec. 9526, Apr. 7, 1986, 100 Stat. 218; 
renumbered Sec. 1921, Pub. L. 99-509, title IX, Sec. 9407(b), Oct. 21, 
1986, 100 Stat. 2058; amended Pub. L. 99-514, title XVIII, 
Sec. 1895(c)(5), Oct. 22, 1986, 100 Stat. 2936; Pub. L. 99-643, 
Sec. 6(c), Nov. 10, 1986, 100 Stat. 3578; renumbered Sec. 1922, Pub. L. 
100-93, Sec. 5(b), Aug. 18, 1987, 101 Stat. 690; renumbered Sec. 1923 
and Sec. 1924 and amended Pub. L. 100-203, title IV, Secs. 4112(a)(1), 
4118(p)(9), 4211(a)(1), title IX, Sec. 9116(d), Dec. 22, 1987, 101 Stat. 
1330-148, 1330-159, 1330-182, 1330-306, as amended Pub. L. 100-360, 
title IV, Sec. 411(k)(6)(B)(i), (10)(L), (n)(3), July 1, 1988, 102 Stat. 
793, 797, as amended Pub. L. 100-485, title VI, Sec. 608(d)(28), Oct. 
13, 1988, 102 Stat. 2423; renumbered Sec. 1925, Pub. L. 100-360, title 
III, Sec. 303(a)(1)(A), July 1, 1988, 102 Stat. 754; renumbered 
Sec. 1926 and amended Pub. L. 100-485, title II, Sec. 202(c)(5), title 
III, Sec. 303(a)(1), Oct. 13, 1988, 102 Stat. 2378, 2385; renumbered 
Sec. 1927, Pub. L. 101-239, title VI, Sec. 6402(b), Dec. 19, 1989, 103 
Stat. 2260; renumbered Sec. 1928, Pub. L. 101-508, title IV, 
Sec. 4401(a)(3), Nov. 5, 1990, 104 Stat. 1388-143; Pub. L. 102-54, 
Sec. 13(q)(3)(A)(v), June 13, 1991, 105 Stat. 279; renumbered Sec. 1931, 
Pub. L. 103-66, title XIII, Sec. 13631(b)(1), Aug. 10, 1993, 107 Stat. 
637; renumbered Sec. 1932, Pub. L. 104-193, title I, Sec. 114(a)(1), 
Aug. 22, 1996, 110 Stat. 2177; renumbered Secs. 1933, 1934, and 1935, 
Pub. L. 105-33, title IV, Secs. 4701(a), 4732(c), 4802(a)(2), Aug. 5, 
1997, 111 Stat. 489, 520, 538.)

                       References in Text

    Section 602 of this title, referred to in subsec. (a)(1)(A), (B), 
(2)(E), was repealed and a new section 602 enacted by Pub. L. 104-193, 
title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so 
enacted, no longer contains subsecs. (a)(32), (37), (e), or (f).
    Section 606 of this title, referred to in subsec. (a)(1)(C), was 
repealed and a new section 606 enacted by Pub. L. 104-193, title I, 
Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted, no 
longer contains a subsec. (h).
    Section 682 of this title, referred to in subsec. (a)(1)(D), was 
repealed by Pub. L. 104-193, title I, Sec. 108(e), Aug. 22, 1996, 110 
Stat. 2167.
    Sections 230, 231, and 232 of Public Law 93-66, referred to in 
subsec. (a)(5)(A) to (C), are sections 230, 231, and 232 of Pub. L. 93-
66, title II, July 9, 1973, 87 Stat. 159, 160, as amended, which are set 
out as notes under section 1396a of this title.
    Section 13(c) of Public Law 93-233, referred to in subsec. 
(a)(5)(D), is section 13(c) of Pub. L. 93-233, Dec. 31, 1973, 87 Stat. 
965, which is set out as a note under section 1396a of this title.
    Section 503 of Public Law 94-566, referred to in subsec. (a)(5)(E), 
is section 503 of Pub. L. 94-566, title V, Oct. 20, 1976, 90 Stat. 2685, 
which is set out as a note under section 1396a of this title.
    Section 310(b)(1) of Public Law 96-272, referred to in subsec. 
(a)(5)(F), is section 310(b)(1) of Pub. L. 96-272, title III, June 17, 
1980, 94 Stat. 533, which is set out as a note under section 1396a of 
this title.
    Section 212(a) of Public Law 93-66, referred to in subsec. (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.

                          Codification

    Section was formerly classified to section 1396s of this title prior 
to renumbering by Pub. L. 103-66.


                               Amendments

    1991--Subsec. (a)(5)(F). Pub. L. 102-54 substituted ``Department of 
Veterans Affairs'' for ``Veterans' Administration''.
    1988--Subsec. (a)(1). Pub. L. 100-360, Sec. 411(k)(10)(L), made 
technical correction to directory language of Pub. L. 100-203, 
Sec. 4118(p)(9), see 1987 Amendment note below.
    Subsec. (a)(1)(D). Pub. L. 100-485, Sec. 202(c)(5), substituted 
``section 682(e)(6) of this title'' for ``section 614(g) of this 
title''.
    Subsec. (a)(2). Pub. L. 100-360, Sec. 411(k)(10)(L), made technical 
correction to directory language of Pub. L. 100-203, Sec. 4118(p)(9), 
see 1987 Amendment note below.
    Subsec. (a)(2)(E). Pub. L. 100-360, Sec. 411(n)(3), as added by Pub. 
L. 100-485, Sec. 608(d)(28), amended Pub. L. 100-203, Sec. 9116(d), see 
1987 Amendment note below.
    1987--Subsec. (a)(1). Pub. L. 100-203, Sec. 4118(p)(9), as amended 
by Pub. L. 100-360, Sec. 411(k)(10)(L), amended par. (1) generally. 
Prior to amendment, par. (1) read as follows:
    ``(1) AFDC.--(A) Section 602(a)(32) of this title (relating to 
individuals who are deemed recipients of aid but for whom a payment is 
not made). Section 602(a)(37) of this title (relating to individuals who 
lose AFDC eligibility due to increased earnings).
    ``(C) Section 606(h) of this title (relating to individuals who lose 
AFDC eligibility due to increased collection of child or spousal 
support).
    ``(D) Section 614(g) of this title (relating to certain individuals 
participating in work supplementation programs).''
    Subsec. (a)(2). Pub. L. 100-203, Sec. 4118(p)(9), as amended by Pub. 
L. 100-360, Sec. 411(k)(10)(L), amended par. (2) generally. Prior to 
amendment, par. (2) read as follows:
    ``(2) SSI.--(A) Section 1382h of this title (relating to benefits 
for individuals who perform substantial gainful activity despite severe 
medical impairment).
    ``(B) Section 1383c(b) of this title (relating to preservation of 
benefit status for disabled widows and widowers who lost SSI benefits 
because of 1983 changes in actuarial reduction formula).
    ``(B)[(C)] Section 1383c of this title (relating to individuals who 
lose eligibility for SSI benefits due to entitlement to child's 
insurance benefits under section 402(d) of this title).''
    Subsec. (a)(2)(E). Pub. L. 100-203, Sec. 9116(d), as amended 
generally by Pub. L. 100-360, Sec. 411(n)(3), as added by Pub. L. 100-
485, Sec. 608(d)(28), added subpar. (E).
    1986--Subsec. (a)(1). Pub. L. 99-514, Sec. 1895(c)(5)(A), 
redesignated subpars. (B) and (C) as (C) and (D), respectively, and 
inserted at beginning of subpar. (A) ``Section 602(a)(32) of this title 
(relating to individuals who are deemed recipients of aid but for whom a 
payment is not made).''
    Subsec. (a)(2). Pub. L. 99-643, which directed amendment of section 
1920(a)(2) of the Social Security Act by designating existing provisions 
as subpar. (A) and adding subpar. (B) relating to section 1383c of this 
title as it relates to individuals who lose eligibility for SSI benefits 
due to entitlement to child's insurance benefits, was executed to this 
section, section 1921 of the Social Security Act, to reflect the 
probable intent of Congress and the redesignation of section 1920 of the 
Social Security Act as section 1921 by Pub. L. 99-509.
    Pub. L. 99-514, Sec. 1895(c)(5)(B), designated existing provisions 
as subpar. (A) and added subpar. (B) relating to section 1383c(b) of 
this title as it relates to preservation of benefit status for certain 
disabled widows and widowers.
    Subsec. (a)(3). Pub. L. 99-514, Sec. 1895(c)(5)(C), substituted 
``Sections 672(h) and 673(b) of this title'' for ``Section 673(b) of 
this title''.


                    Effective Date of 1988 Amendments

    Amendment by section 202(c)(5) of Pub. L. 100-485 effective Oct. 1, 
1990, with provision for earlier effective dates in case of States 
making certain changes in their State plans and formally notifying the 
Secretary of Health and Human Services of their desire to become subject 
to the amendments by title II of Pub. L. 100-485, at such earlier 
effective dates, see section 204 of Pub. L. 100-485, set out as a note 
under section 671 of this title.
    Amendment by section 608(d)(28) of Pub. L. 100-485 effective as if 
included in the enactment of the Medicare Catastrophic Coverage Act of 
1988, Pub. L. 100-360, see section 608(g)(1) of Pub. L. 100-485, set out 
as a note under section 704 of this title.
    Except as specifically provided in section 411 of Pub. L. 100-360, 
amendment by section 411(k)(6)(B)(i), (10)(L), (n)(3) of Pub. L. 100-
360, as it relates to a provision in the Omnibus Budget Reconciliation 
Act of 1987, Pub. L. 100-203, effective as if included in the enactment 
of that provision in Pub. L. 100-203, see section 411(a) of Pub. L. 100-
360, set out as a Reference to OBRA; Effective Date note under section 
106 of Title 1, General Provisions.


                    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.
    Amendment by Pub. L. 99-514 effective, except as otherwise provided, 
as if included in enactment of the Consolidated Omnibus Budget 
Reconciliation Act of 1985, Pub. L. 99-272, see section 1895(e) of Pub. 
L. 99-514, set out as a note under section 162 of Title 26, Internal 
Revenue Code.


     References to Provisions of Part A of Subchapter IV Considered 
        References to Such Provisions as in Effect July 16, 1996

    For provisions that certain references to provisions of part A 
(Sec. 601 et seq.) of subchapter IV of this chapter be considered 
references to such provisions of part A as in effect July 16, 1996, see 
section 1396u-1(a) of this title.
