86 STAT. 1332 Sec. 289. Authority of Secretary to administer oaths in Medicare proceedings. certain health care facilities. Sec. 292. Intermediate care services in States which do not have a Medicaid program. Sec. 293. Required information relating to excess Medicare tax payments by railroad employees. Sec. 294. Appointment and confirmation of Administrator of Social and Rehabilitation Service. Sec. 295. Repeal of section 1903(b) (1). Sec. 297. Coverage under Medicaid of intermediate care furnished in mental and tuberculosis institutions. Sec. 298. Independent review of intermediate care facility patients. Sec. 299. Intermediate care, maintenance of effort in public institutions. institution. Sec. 299E. Family planning services mandatory under Medicaid. Sec. 299F. Penalty for failure to provide child health screening services under Sec. 2991. Chronic renal disease considered to constitute disability. Sec. 299K. Elimination of coinsurance payment with respect to home health services under part B of Medicare. Sec. 299L. Certification of intermediate care facilities located on an Indian reservation. Sec. 2990. Determinations and appeals. TITLE III-SUPPLEMENTAL SECURITY INCOME FOR THE AGED, Sec. 301. Establishment of program. "TITLE XVI-SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED "Sec. 1601. Purpose; appropriations. "Sec. 1602. Basic eligibility for benefits. "Part A-Determination of Benefits "Sec. 1611. Eligibility for and amount of benefits. "(a) Definition of eligible individual. "(b) Amounts of benefits. "(c) Period for determination of benefits. "(d) Special limits on gross income. "(e) Limitation on eligibility of certain individuals. "(f) Suspension of payments to individuals who are outside the United States. "(f) Income and resources of individuals other than eligible "Sec. 1615. Rehabilitation services for blind and disabled individuals. "Part B-Procedural and General Provisions "Sec. 1631. Payments and procedures. "(a) Payment of benefits. (b) Overpayments and underpayments. "(c) Hearings and review. "(d) Procedures; prohibitions of assignments, representation of "(e) Applications and furnishing of information. "Sec. 1632. Penalties for fraud. "Sec. 1633. Administration. "Sec. 1634. Determinations of medicaid eligibility. "TITLE VI-GRANTS TO STATES FOR SERVICES TO THE AGED, BLIND, OR DISABLED "Sec. 601. Appropriation. "Sec. 602. State plans for services to the aged, blind, or disabled. "Sec. 603. Payments to States. "Sec. 604. Operation of State plans. "Sec. 605. Definitions." Sec. 303. Repeal of titles I. X, and XIV of the Social Security Act. Sec. 304, Provision for disregarding of certain income in determining need for Sec. 305. Advances from OASI Trust Fund for administrative expenses. TITLE IV-MISCELLANEOUS Sec. 401. Limitation on fiscal liability of States for optional State supplementation. Sec. 402. Transitional administrative provisions. Sec. 403. Savings provision regarding certain expenditures for social services. Sec. 405. Separation of social services not required. Sec. 406. Manuals and policy issuances not required without charge. Sec. 407. Effective date of fair hearing decision. Sec. 408. Absence from State for more than 90 days. Sec. 409. Rent payments to public housing agency. Sec. 410. Statewideness not required for services. Sec. 411. Prohibition against participation in food stamp or surplus commodities program by persons eligible to participate in employment or assistance programs. Sec. 412. Child welfare services. Sec. 413. Safeguarding information. TITLE I-PROVISIONS RELATING TO OLD-AGE, SPECIAL MINIMUM PRIMARY INSURANCE AMOUNT 86 STAT. 1333 SEC. 101. (a) Section 215 (a) of the Social Security Act is amended- Ante, p. 410. (1) by striking out "paragraph (2)" in the matter preceding subparagraph (A) of paragraph (1) and inserting in lieu thereof "paragraphs (2) and (3)"; and (2) by inserting after paragraph (2) the following: (3) Such primary insurance amount shall be an amount equal to $8.50 multiplied by the individual's years of coverage in excess of 10 in any case in which such amount is higher than the individual's primary insurance amount as determined under paragraph (1) or (2). For purposes of paragraph (3), an individual's 'years of coverage' "Years of is the number (not exceeding 30) equal to the sum of (i) the number coverage." (not exceeding 14 and disregarding any fraction) determined by dividing the total of the wages credited to him (including wages deemed to be paid prior to 1951 to such individual under section 217, 64 Stat. 512. compensation under the Railroad Retirement Act of 1937 prior to 1951 42 USC 417. which is creditable to such individual pursuant to this title, and wages deemed to be paid prior to 1951 to such individual under section 231) for years after 1936 and before 1951 by $900, plus (ii) the number Post, p. 1367. equal to the number of years after 1950 each of which is a computation base year (within the meaning of subsection (b) (2) (C)) and in each 50 Stat. 307. 45 USC 228a. 86 STAT. 1334 64 Stat. 512. 72 Stat. 1017; Ante, p. 411. Ante, p. 1333. Ante, p. 410. 42 USC 423. Ante, p. 412. Ante, p. 411. "Primary in surance amount." Ante, p. 1333. Ante, p. 412. of which he is credited with wages (including wages deemed to be paid to such individual under section 217, compensation under the Railroad Retirement Act of 1937 which is creditable to such individual pursuant to this title, and wages deemed to be paid to such individual under section 229) and self-employment income of not less than 25 percent of the maximum amount which, pursuant to subsection (e), may be counted for such year." (b) Section 203 (a) of such Act is amended by striking out "or" at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof ", or", and by inserting after paragraph (4) the following new paragraph: "(5) whenever the monthly benefits of such individuals are based on an insured individual's primary insurance amount which is determined under section 215 (a) (3) and such primary insurance amount does not appear in column IV of the table in (or deemed to be in) section 215 (a), the applicable maximum amount in column V of such table shall be the amount in such column that appears on the line on which the next higher primary insurance amount appears in column IV, or, if larger, the largest amount determined for such persons under this subsection for any month prior to October 1972." (c) Section 215 (a) (2) of such Act is amended by striking out "such primary insurance amount shall be" and all that follows and inserting in lieu thereof the following: "such primary insurance amount shall be— "(A) the amount in column IV of such table which is equal to the primary insurance amount upon which such disability insurance benefit is based; except that if such individual was entitled to a disability insurance benefit under section 223 for the month before the effective month of a new table (whether enacted by another law or deemed to be such table under subsection (i)(2)(D)) and in the following month became entitled to an old-age insurance benefit, or he died in such following month, then his primary insurance amount for such following month shall be the amount in column IV of the new table on the line on which in column II of such table appears his primary insurance amount for the month before the effective month of the table (as determined under subsection (c)) instead of the amount in column IV equal to the primary insurance amount on which his disability insurance benefit is based. For purposes of this paragraph, the term 'primary insurance amount with respect to any individual means only a primary insurance amount determined under paragraph (1) (and such individual's benefits shall be deemed to be based upon the primary insurance amount as so determined); or "(B) an amount equal to the primary insurance amount upon which such disability insurance benefit is based if such primary insurance amount was determined under paragraph (3)." (d) Section 215 (f) (2) of such Act is amended by striking out "subsection (a)(1) (A) and (C)" and inserting in lieu thereof "subsections (a)(1) (A) and (C) and (a)(3)". (e) Section 215(i) (2) (A)(ii) of such Act is amended by striking out "unler this title" and inserting in lieu thereof "under this title (but not including a primary insurance amount determined under subsection (a)(3) of this section)". (f) Whenever an insured individual is entitled to benefits for a month which are based on a primary insurance amount under paragraph (1) or paragraph (3) of section 215 (a) of the Social Security 86 STAT, 1335 Act and for the following month such primary insurance amount is Ante, p. 1333. increased or such individual becomes entitled to benefits on a higher primary insurance amount under a different paragraph of such section 215 (a), such individual's old-age or disability insurance benefit (begin- Ante, p. 410. ning with the effective month of the increased primary insurance amount) shall be increased by an amount equal to the difference between the higher primary insurance amount and the primary insurance amount on which such benefit was based for the month prior to such effective month, after the application of section 202 (q) of such Act where applicable, to such difference. Post, pp. 1336(g) The amendments made by this section shall apply with respect 1338. to monthly insurance benefits under title II of the Social Security Act Effective date. for months after December 1972 (without regard to when the insured 53 Stat. 1362. individual became entitled to such benefits or when he died) and with 42 USC 401. respect to lump-sum death payments under such title in the case of deaths occurring after such month. INCREASED WIDOW'S AND WIDOWER'S INSURANCE BENEFITS SEC. 102. (a) (1) Section 202(e)(1) of the Social Security Act is 79 Stat. 376; amended 81 Stat. 828; Post, p. 1348. (A) by striking out "822 percent of" wherever it appears; (B) by striking out "entitled, after attainment of age 62, to 42 USC 402. wife's insurance benefits," in subparagraph (C) (i) and inserting in lieu thereof "entitled to wife's insurance benefits,” and by striking out "or" at the end of clause (i) in such subparagraph and inserting in lieu thereof "and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 223, or"; and 42 USC 423. (C) by striking out “age 62" in subparagraph (C) (ii), and in the matter following subparagraph (G), and inserting in lieu (2) Paragraph (2) of section 202 (e) of such Act is amended to read as follows: “(2)(A) Except as provided in subsection (q), paragraph (4) of 75 Stat. 131; this subsection, and subparagraph (B) of this paragraph, such widow's 79 Stat. 368. insurance benefit for each month shall be equal to the primary insur ance amount of such deceased individual. "(B) If the deceased individual (on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to widow's insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widow's insurance benefit of such widow or surviving divorced wife for any month shall, if the amount of the widow's insurance benefit of such widow or surviving divorced wife (as determined under subparagraph (A) and after application of subsection (q)) is greater than “(i) the amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (q)) for such month if such individual were still living, and "(ii) 822 percent of the primary insurance amount of such deceased individual, be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).” (b) (1) Section 202(f) (1) of such Act is amended (A) by striking out "82% percent of" wherever it appears; 64 Stat. 485; 81 Stat. 829; (B) by striking out "died." in subparagraph (C) and inserting Post, p. 1336. in lieu thereof "died, and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 223,"; and 86 STAT. 1336 Widower's benefits. 75 Stat. 138; 79 Stat. 404; 42 USC 402. 75 Stat. 131; 79 Stat. 368. 74 Stat. 954; 81 Stat. 832. 42 USC 403. 81 Stat. 832; Post, p. 1343. 70 Stat. 814; 79 Stat. 404. Ante, p. 1335; Supra. Benefit reductions. 79 Stat. 374. 42 USC 402. 81 Stat. 831. (C) by striking out "age 62" in the matter following subparagraph (G) and inserting in lieu thereof "age 65". (2) Paragraph (3) of section 202 (f) of such Act is amended to read as follows: '(3)(A) Except as provided in subsection (q), paragraph (5) of this subsection, and subparagraph (B) of this paragraph, such widower's insurance benefit for each month shall be equal to the primary insurance amount of his deceased wife. "(B) If the deceased wife (on the basis of whose wages and selfemployment income a widower is entitled to widower's insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widower's insurance benefit of such widower for any month shall, if the amount of the widower's insurance benefit of such widower (as determined under subparagraph (A) and after application of subsection (q)) is greater than "(i) the amount of the old-age insurance benefit to which such deceased wife would have been entitled (after application of subsection (q)) for such month if such wife were still living; and "(ii) 822 percent of the primary insurance amount of such deceased wife; be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).” (c) (1) The last sentence of section 203 (c) of such Act is amended by striking out all that follows the semicolon and inserting in lieu thereof the following: "nor shall any deduction be made under this subsection from any widow's insurance benefits for any month in which the widow or surviving divorced wife is entitled and has not attained age 65 (but only if she became so entitled prior to attaining age 60), or from any widower's insurance benefit for any month in which the widower is entitled and has not attained age 65 (but only if he became so entitled prior to attaining age 62)." (2) Clause (D) of section 203 (f) (1) of such Act is amended to read as follows: "(D) for which such individual is entitled to widow's insurance benefits and has not attained age 65 (but only if she became so entitled prior to attaining age 60), or widower's insurance benefits and has not attained age 65 (but only if he became so entitled prior to attaining age 62), or". (d) Section 202(k) (3) (A) of such Act is amended by striking out "subsection (q) and" and inserting in lieu thereof "subsection (q), subsection (e)(2) or (f)(3), and". (e) (1) Section 202 (q) (1) of such Act is amended to read as follows: "(1) If the first month for which an individual is entitled to an old-age, wife's, husband's, widow's, or widower's insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for such month and for any subsequent month shall, subject to the succeeding paragraphs of this subsection, be reduced by "(A) 5% of 1 percent of such amount if such benefit is an old-age insurance benefit, 2536 of 1 percent of such amount if such benefit is a wife's or husband's insurance benefit, or 19/40 of 1 percent of such amount if such benefit is a widow's or widower's insurance benefit, multiplied by "(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6)(A)), if such benefit is for a month before the month in which such individual attains retirement age, or |